Springfest 2009 - Canada's Special Event for Property Management and Real Estate Operations

Seminar Program

HOT TRENDS & CURRENT ISSUES IN OFFICE, INDUSTRIAL AND RETAIL LEASING

An informative seminar for landlords, tenants, building owners, property managers, leasing executives, mortgagees and facility managers.

Tickets for this session are $95 in advance or $110 at the door. Register online or use the registration form in the brochure. Click here to download the brochure.
4 BOMA Credits

8:30 am to 9:30 am
Helpful Commercial Leasing Hints

Lease vs. License – is there a difference? Yes!
Assignment vs. Sublease – is there a difference? You bet!
Extension vs. Renewal – is there a difference? Absolutely!
Guarantee vs. Indemnity – who is liable? Tenant or Indemnifier?
Waiver of Subrogation vs.Mutual Release – what does it mean?
Quiet enjoyment – is it really QUIET?

Harvey Haber, Q.C., LSM, Senior Partner, Goldman Sloan Nash & Haber LL

9:30 am to 10:30 am
Unusual and Interesting Lease Cases

Lenders beware – non-disturbance agreements and tenant’s rights of set-off
Breaching the covenant of quiet enjoyment – are damages enough?
Avoiding landlord exposure to construction lien claims
Termination following bankruptcy: broader social consequences vs. prejudice to the landlord
Interpretation of “maintenance and repair” provision – who does what?
Vague drafting – the danger of “agreements to agree”

Sheldon Disenhouse, Partner, Fraser Milner Casgrain LLP

10:30 am to 10:45 am
REFRESHMENT BREAK

10:45 am to 11:15 am
Distress: A Bailiff’s Perspective of What Actually Happens in an Arrear or Breach of Other Covenants

New regulations
What does the landlord want to accomplish?
Selecting the right bailiff
The actual process: from start to finish
What and how much to seize
Priority creditors (GST, PST, employee deductions)
Selling the assets
Distribution of proceeds

Earl Boeko, Bailiff, Sterling Bailiffs Inc.

11:15 am to 11:55 am
Landlord’s Rights and Remedies: Tenant Defaults

Landlord security for tenant obligations
Tenant default - monetary and non-monetary
Relevant considerations - lease, other and particular circumstances
Landlord remedies – termination, other
Landlord position in tenant insolvency, bankruptcy
Tenant remedies for landlord defaults

Stephen Posen, Partner,Minden Gross LLP

Copies of “The Commercial Lease: A Practical Guide” and “Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide” will be available at the special rate of $48.15 each (including GST).

These publications are a leading resource for thousands of landlords, facility managers, and property managers across Canada.

Special Thanks to Our Sponsors

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