The importance placed by the courts on the notion of peaceable enjoyment of leased property and their essential practical contributions

The Canadian Institute - 6th Edition - Advanced Conference on Negotiation, Drafting and Execution of Commercial Agreements
June 8, 2011
Omni Mont-Royal Hotel
1050, Sherbrooke St. West
Montreal, QC, Canada

Repair and Maintenance

  • Identifying "structural" repairs vs. "maintenance" repairs
  • The ambiguity surrounding roof repairs: Who is responsible?
  • Repairs to heating, ventilation and air conditioning systems (HVAC)
  • When does work by the lessor begin to interfere with the lessee's rights to peaceable enjoyment?

Relocation and Redevelopment

  • Is it possible to force a lessee to change location?
  • The importance of the so-called "relocation" clause
  • Lessors' rights to redevelop their building vs. lessees' rights to peaceable enjoyment: Where to draw the limits?
  • Good practices for drafting a redevelopment clause