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Representations v. warranties – Are they different? Do you know the difference?

This article has been contributed by Darrell Gold LLB with Robins Appleby & Taub LLP. Almost every agreement, including many leases, contain clauses that purport to be representations and/or...

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SPAM (Not the kind in the Can) – Canada’s New Anti-Spam Legislation (“CASL”)...

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. You may already be receiving specific e-mail notices from businesses asking you to “click to consent” to continue...

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Why do I owe my broker a commission if my property was not sold?

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. Many readers of this newsletter own a home and some may also own or come to own commercial properties. At some point in...

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Phase 1, 2 and 3 Environmental Site Assessments (“ESA”) – A Very Basic Primer

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. As a real estate lawyer whose practice is predominantly commercial leasing, I still need to be aware of “red flags” for...

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So you want to be a tenant – Have you done your due diligence?

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. Tenants often sign offers to lease without the benefit of prior legal advice and certain due diligence. If they are not...

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Latent defects – Do you have to disclose them?

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. In this still hot real estate market, in order to provide a ‘firm offer’ as quickly as possible, many deals are entered...

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The obligation to act honestly in performing a contract

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. In November 2014, the Supreme Court of Canada (Bhasin v. Hrynew, 2014 SCC 71 ) issued a unanimous decision which...

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ATMs – Are you in breach of your lease?

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. You just leased space to carry on a fast-food restaurant in a university neighbourhood where the target market is...

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The landlord’s right to measure area – Use it or lose It

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. Many offers to lease and leases contain an estimated area of the premises and building for purposes of calculating base...

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‘Personal Delivery’ means just that

This article has been contributed by Darrell Gold LLB with Robins Appleby LLP. Virtually every agreement contains a notice clause and, if you do not follow it carefully, you do so at your own risk. In...

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