Helpful Commercial Leasing,
Arbitration and Mediation Tips 
  
By: Harvey M. Haber, Q.C., J.D., C. Arb, C.MED
Senior Partner, Goldman Sloan Nash & Haber LLP 
 
 
  
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Good day,

Thank you for your interest in my commercial leasing and arbitration and mediation tips bi-monthly e-newsletter. I hope that you will find these tips helpful.

Please let me know if I can be of assistance to you or a friend of yours for any commercial leasing and arbitration and mediation needs. 
 
Kind regards, Harvey Haber, Q.C.    
October 2014 Tips

 

Is the Lease really the entire agreement?

 
Usually the answer is YES, but sometimes the court will look outside of the lease to examine an issue that appears to be ambiguous. 

 

Notice of Rent Default vs. Notice of Non-Rent Default?


There are 2 types of notices that must be taken into consideration:

 

(i)  One is a notice of rent default, which tells the tenant it is in default, and usually tells the tenant it has so many days to cure that default, failing which the landlord will exercise all of its legal rights.

 

(ii)  The other notice is a notice of non-rent default, which must be given by the landlord (under the Ontario Commercial Tenancies Act) before it exercises any right to terminate the lease.

 

 

Significance of a "Non-Disturbance Agreement" for a tenant?

A non-disturbance agreement is absolutely essential for a tenant in that it provides that the landlord, if it defaults in its mortgage, must obtain a non-disturbance agreement from the mortgagee of the development; which basically says that if the tenant is not in default when the mortgagee takes over possession of the development, then the mortgagee must honour the term of the tenant's lease, if the tenant is not then in default.

 

If there is no non-disturbance agreement in favour of the tenant, a mortgagee has no relationship whatever with the tenant, so that it can simply terminate the tenant's lease on 6 months' notice.

harvey_haber 
Harvey M. Haber, Q.C.
  
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600 
Toronto, Ontario, M5G 1V2, Canada
Direct Line: (416) 597-3392
  
For more information, please visit:
  
My bio: Harvey Haber  
 
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GSNH LLP

Should you require other corporate & commercial legal assistance, GSNH LLP can help you with your particular legal matter. If you have the business goals, they have the talent and legal expertise and are dedicated to your success.

 

For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto and provides advice across all major practice areas including:
Harvey Haber's Commercial Leasing Books

People frequently ask where they can purchase my books on Commercial Leasing. 

 

If you are interested in my books, please access the Canada Law Book brochures with order forms here.

 

Harvey's New Book

To access the brochure and order form for my new book, The Commercial Lease: A Practical Guide, Fifth Edition, click here.

 

Chartered Mediator and Arbitrator

 

Please don't hesitate to contact me if you are looking for a Mediator or Arbitrator to help resolve your disputes in a proactive and strategic way and to maximize the possibility of a successful negotiated resolution.
  
IMI Certified Mediator

 

I am delighted to inform you that in addition to being a Chartered Mediator and Arbitrator, I have also been appointed as an International Mediation Institute (IMI) Certified Mediator.
 
This means that I can conduct mediations or arbitrations on an international level should you require this service.
  
Please contact me here.