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Helpful Commercial Leasing,
Arbitration and Mediation Tips
By: Harvey M. Haber, Q.C., LSM, J.D., C. Arb, C.MED
Senior Partner, Goldman Sloan Nash & Haber LLP
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I would like to inform my loyal readers that as of October 30, 2015 I am officially retiring as a practising lawyer at Goldman Sloan Nash & Haber LLP.
As one door closes another often opens, so I am happy to announce that I will be joining Coe ADR Management as a panel member, acting solely as a mediator or arbitrator, as of November 1, 2015.
My thanks to GSNH for agreeing to continue my bi-monthly letters.
New Contact Info:
Tel: 416-363-2977
Email:mcoe@rogers.com
Thank you for your loyalty and I look forward to keeping in touch.
Kind regards, Harvey M. Haber, Q.C., LSM
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October 2015 Tips
It is imperative that both Landlord and Tenant keep all the lease documentation together (including the Lease, and any addenda, riders, exhibits, amendments and related agreements, as well as any assignment/sublet consents, and any subsequent lease documentation). Otherwise it could be detrimental (to say the least), if an opinion is asked on the lease and it turns out that an important document (such as an amending agreement that has modified the lease) is missing.
Do Not Accept Proof of Insurance By Fax
A Landlord should require that the Tenant send the Landlord the Tenant's original insurance forms and endorsements, but if the Landlord must accept copies of insurance certificates, the Landlord should absolutely insist that the certificates be certified by the Insurer, and not accept photocopies, as they could be falsified.
If you are a Tenant and want to exercise the right in your lease to extend the Term, make sure that you give the required Notice of Extension on time, and in accordance with the Notice provisions in the Lease.
Our courts take a strong stand that if the Tenant misses the date to give notice extending the Term of its Lease, then that extension is gone.
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Harvey M. Haber, Q.C., LSM
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:
If you no longer wish to subscribe to this e-newsletter, you can safely unsubscribe to this email below.
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Complimentary Help
Many of you who receive my monthly e-newsletter might know someone involved in commercial leasing who could use my help from time to time. I am always delighted to help on a complimentary basis when someone has a simple question about commercial leasing.
Please feel free to contact me here or pass along my name.
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:
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Harvey Haber's Commercial Leasing Books
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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.
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Chartered Mediator and Arbitrator
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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.
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IMI Certified Mediator
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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.
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