Industries
Practice Areas

Baux commerciaux

  • Share this page
Federated Press
January 18-19, 2011
Federated Press Conference Centre
Industrial Life Tower
2000, McGill College Ave.
Montreal, QC, Canada

Event participants:

Denis Paquin

On January 18, 2011, Fasken Martineau's Me Denis Paquin will discuss: Negotiating to win – It's complicated, even in real estate.

In our daily lives, we are frequently called upon to "negotiate". Whether explicit or informal, expected or unnoticed, there are countless situations in which we must bargain, haggle, compromise, debate, or, quite simply, discuss. Negotiating real estate leases can be quite complex and can raise important issues. When we can't impose our own viewpoint, nor accept the other party's, negotiations can come to a standstill. How can we effectively negotiate our leases and avoid or resolve such impasses to the satisfaction of all parties?
In this presentation, Mr. Louis Canac-Marquis and Me Denis Paquin will help you develop the negotiation skills most important for effective file management. They will outline some existing techniques that can make all the difference, illustrating their explanations with concrete examples. In particular, the following topics will be covered:

Introduction: Strategy and preparation: Knowing how to choose your battles
Negotiation:

  • Agreement seeking
  • Cooperation and competition
  • Bargaining and agreement
  • Anticipation

Practical examples:

  • Questions regarding lessor and lessee transactions/business
  • In need of maintenance, repair or improvement?
  • I don't want to be there anymore!
  • Default! You're kidding me!
  • It's company policy! All our leases are like this! It's not negotiable.


Me Denis Gagné will also be part of a group of panellists discussing Important provisions that are subject to discussion.

While some commercial lease provisions are readily accepted by the parties to the agreement, others can give rise to real discussion. Whether you are a lessor or a lessee, when it comes to rental of office or retail space, it is important to understand those provisions that warrant particular attention. This discussion panel will bring together a group of seasoned experts to share their viewpoints and offer practical advice. In particular, the discussions will cover the following:

"Retail Trade" Category:

  • Use
  • Lessee sales reports
  • Penalties paid by the lessor for premises not delivered on time
  • Co-Tenancy

"Office / Industrial" Category:

  • Tenant relocation
  • Tenants' right to return part (or all) of rented premises and/or to terminate the lease

Mixed Category:

  • Operating expenses
  • Basic elements of the immovable

On January 19, 2011, Fasken Martineau's Me Louis-Martin Dubé will be discussing owners' right to redevelop, expand or modify their properties. Does this right have limits?

This session will examine property owners' right to dispose of their commercial rental property (office building or shopping centre) as they see fit and, if necessary, to undertake major work, expand or redevelop the premises, or even make partial changes to its purpose. Is this an absolute right or can exercising it be subject to legal or contractual limits? The themes addressed will include:

  • Analysis of the relevant legislative provisions: peaceable enjoyment, the right to carry out work, normal annoyances, good faith, etc.
  • Analysis of common provisions: redevelopment, construction and relocation clauses, etc.
  • Conflict of rights: owners' right to dispose of their property versus protection of tenants' peaceable enjoyment
  • Possible recourses on both sides
  • Pitfalls and practical advice

Schedule

January 18th, 2011
11:05 a.m. to 12:25 p.m.
3:25 p.m. to 4:45 p.m.

January 19th, 2011
10:05 a.m. to 10:45 a.m.

RSVP at the Federated Press toll free 1-800-363-0722. Click here for more information.

Note that this seminar will be addressed only in french.