Property Management: When does a Breach of Contract become Gross Negligence? (2) Ensuring the Safety of Citizens is a Primary Obligation of the State. On October 10, 2012, the Québec Court of Appeal rendered a most interesting judgment for owners and managers of commercial real estate. In May 1976, Samen Investments Inc. acquires the Gordon Brown Building on De Maisonneuve Boulevard West, near Bleury Street ...
DUE DILIGENCE IN LEASING: It is fairly common and in fact recommended, to proceed with a due diligence review of a property before its acquisition. At a minimum, title to the property is confirmed through a title search review. Often times, a much more thorough review is completed. Matters such as zoning and other legal compliance are reviewed together with the status of realty taxes owing as well as a physical and environmental inspection ...
The Breach of a Promise to Purchase – Liability of the Third Party Purchaser - The sale of real estate assets usually starts with a preliminary contract, more specifically, a promise to purchase signed by the seller and the purchaser, which sets out most of the terms and conditions of the deed of sale to be entered into. However, it may happen that an owner will go back on his word and choose to sell to a third party whose offer for the assets is more favourable ...
COOLING TOWERS AND ASBESTOS : NEW OBLIGATIONS FOR OWNERS, TENANTS, MANAGERS AND EMPLOYERS Over the last year and half, the legislator has addressed the building safety issues in order to ensure the safety of the occupants and visitors of these buildings, as well as the persons who may be exposed to hazards because of equipment attached to such buildings ...
On March 18, 2013, the Règlement visant à améliorer la sécurité dans le bâtiment, adopted pursuant to the Building Act, came into force. The new Regulation, which became chapter VIII of the Safety Code entitled “Building”, contains rules on fire safety and on maintenance of building facades and multi-level concrete parking structures ...
BUILDING SAFETY – NEW ONEROUS OBLIGATIONS FOR OWNERS On March 18, 2013, the Règlement visant à améliorer la sécurité dans le bâtiment, adopted pursuant to the Building Act, came into force. The new Regulation, which became chapter VIII of the Safety Code entitled “Building”, contains rules on fire safety and on maintenance of building facades and multi-level concrete parking structures ...
To allow for adequate planning, the Quebec government phased in the coming into force of certain regulatory amendments on building safety that were adopted in the past few years. These new standards were previously discussed in bulletin Nos. 6 and 9, issued in April 2013 and June 2014 respectively, of our Lavery Real Estate and Construction series. This newsletter serves as a brief reminder of the most imminent deadlines ...
GST/QST Election: Get Ready for 2015 Carolyne Corbeil and Emmanuel SalaGenerally, certain corporations or partnerships within a same group who are engaged exclusively in commercial activities, may make intra-group supplies of taxable goods or services without having to collect or remit the GST/QST otherwise applicable to such supplies ...
features 1. Modification of the Requirements for banks'shareholders. 2. Fiscal incentives for the development of the Forest Sector. 3. The unconstitutionality of the Bankcruptcy process in Nicaragua. 4. Right of priority. 5. Modernizing Legal procedures in Real Estate transactions. 6. Closing activities in the acquisition of properties. 7 ...
This issue has new developments about the Currency Board, savings & loans associations and the Customs Directorate
The purpose of this special report (the “Report”) is to inform the legal considerations and initial impacts that may affect the operation of a business as a result of the state of emergency for fourteen (14) days from March 16, 2020 (the “State of Emergency”) declared through Supreme Decree No ...
On Septemner 21, 2012, Justice Babin of the Superior Court of Quebec rendered a decision which denotes the effect of bad faith of the registrant on damages awards in the context of the unjustified publication of legal hypothec for construction ...
This is a simplified guide to the process of buying a property in the Turks and Caicos Islands. While all reasonable endeavours are taken to ensure that it is correct at the time of print it does not purport to be an exhaustive analysis of the relevant laws as may be applicable to you ...
North Texas Global Telecommunications Society Fourth Annual Latin American Telecommunications Conference A Powerpoint presentation covering the following: Overview Chronology No General Rules (Reglamento) Issued, Only Rules for Specific Services Sector Statistics Recent Legal Developments E-Mexico Basics of Regulatory System Comparison of Current Mexican Telecommunications Law with Draft Bill Concessions Same Basic Regulation in Current Law and Draft
Legal due diligence processes are widely known in the context ofmergers and acquisitions (M&A) and corporate reorganisation projects. Their aim is to analyse the operations and organisation ofcompanies to identify their degree of compliance with applicable legal and contractual regulations, the level of risk of non-compliance, and the potential sources of legal and contractual liability ...
This bulletin is on recent Philippine legal developments in data privacy, fintech and digital banks. PRIVACY UPDATE Caring about Sharing: New Rules on Data Sharing Agreements On December 23, 2020, the Philippine data privacy regulator, the National Privacy Commission (NPC) issued NPC Circular No. 2020-03 on data sharing agreements (2020 DSA Circular).1 The circular supersedes NPC Circular No ...
Construction is a highly competitive industry and the days when clients are willing to accept a trade-off among low price, fast project turnaround and high-quality workmanship are gone. The expectation to design and build projects within constrained budget and schedule limitations while providing uncompromised workmanship amplifies the importance of effective contractor quality control programs ...
International financial records recently stolen from two offshore services firms and 19 corporate registries maintained by governments were leaked to journalists and their details subsequently published around the world. But beyond the hype, however, we find no intelligent inferences of legal significance in the reporting. For example, the media draws attention to a United States Cabinet member's offshore financial transactions but does not allege that his shipping stake was illegal ...
Repurposing existing real estate is a common occurrence. Less common, but expanding, are the innovative solutions beginning to occur to address empty real estate — particularly shopping malls — as in-store purchases become less common in the age of the internet and Amazon deliveries. There have been some noteworthy conversions of large retail space into health care facilities. One such successful example is the Vanderbilt Medical Center in Nashville, Tenn ...
On December 22, 2023, Agder Court of Appeal issued a ruling in a case between an excavator seller and a leasing customer who had leased an excavator through a leasing company. According to the agreement between the parties, the leasing company was the formal owner of the excavator. The role as owner was however limited to financing ...
The COVID-19 pandemic is having a wide-ranging impact on the U.S. real estate industry, particularly on the relationship between landlords and tenants. In order to better understand impending risks, both landlords and tenants should review their leases and insurance policies and consult real estate counsel before taking action. A sampling of leasing issues arising during the COVID-19 pandemic is set forth below ...
In a judgment of 22 April 2021, the European Court of Justice found that a lease contract entered into between an Austrian authority and a real estate company before the construction of the building did not constitute a contractual building contract, as the authority had not had a decisive influence on the design. The authority's requirements thus did not exceed the requirements that a tenant usually places on a building of a similar nature ...
Landlords and tenants have a love/hate relationship with the principle laid down in O'May v City of London Real Property Co Ltd. On renewal under the Landlord and Tenant Act 1954 the terms of the new lease will generally follow the terms of the existing one and the onus is on the party proposing a change to show that it is fair and reasonable ...
