On the evening of Friday April 24, 2020, the Ontario government expanded the scope of its emergency orders to now address various issues relating to condominium owner and board meetings. The orders are retroactive to March 17, 2020 and will apply, unless amended further, for the duration of the emergency order. Read the full article.
CANADA EMERGENCY COMMERCIAL RENT ASSISTANCE: RELIEF IS ON THE WAY, BUT THE DEVIL MAY BE IN THE DETAILS
Canadian individuals and businesses in all industries are experiencing financial hardships as a result of the 2019 novel coronavirus disease (“COVID-19“). Those in the commercial real estate business are no exception, as landlords, tenants, real estate developers, and property managers are all attempting to navigate the pandemic’s effects. While tenants attempt to negotiate relief from their lease obligations, landlords are concerned with the absence of relief from mortgage or realty tax payments, creating a clear tug-of-war between these parties during an increasingly difficult time. Read the full article.
CONSTRUCTION LAW UPDATE — SUSPENSION PERIOD LIFTED FOR CONSTRUCTION LIENS AND THE RELEASE OF HOLDBACK
On March 20, 2020, the Province of Ontario filed an order in council under the Emergency Management and Civil Protection Act effectively suspending until further notice all statutory limitation periods, including the limitation periods to preserve and perfect construction liens retroactive to March 16, 2020. However, the inclusion of construction liens in the suspension order proved highly problematic. Read the full article.
Unfortunately, due to the contagious nature of COVID-19, it is likely a matter of when, and not if, a resident will test positive, or be placed into isolation for being in contact with someone who has tested positive. As such, corporations need to be prepared. Read the full article.
On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued temporary guidance for recording cases of COVID-19 that provides relief to the construction industry. OSHA’s announcement provides certainty to the construction industry and helps contractors focus their response efforts on implementing good hygiene practices in their workplaces and otherwise mitigating COVID-19’s effects.
On Thursday, April 2, 2020, as part of its ongoing response to the coronavirus pandemic, the Massachusetts legislature passed a Bill Providing Immediate Relief to Municipalities & Others During COVID-19 Crisis. This new law provides municipalities with the option to extend the property tax payment deadline from May 1 to June 1, 2020. All interest accumulated between May 1 and June 1, 2020 will be waived. There is some disagreement on whether interest accumulated between June 1 and June 30, 2020 can be waived as well.
April 10, 2020 — Designated as a pandemic by the World Health Organization on March 11, and triggering the declaration of a health emergency in Quebec two days later, COVID-19 has had a significant impact on all segments of society.
When it comes to matters of residential leasing, there are many adjustments to be made by both landlords and tenants, and this newsletter is intended to provide an overview of the important issues. (This bulletin is current as of April 8, 2020, and does not reflect governmental measures taken or updated after that date.)
With the fast moving issues we are all facing along with the added challenge of many of us
working remotely, we have identified a few quick fixes designed to help you and your business get through the day that little bit easier. Our top ten fixes include everything from how and when to use electronic signatures through to how to navigate some of the priority employment issues. Read more..
As a follow-up to the “rent free period” issue, the Government of the Russian Federation has developed requirements for terms and conditions of deferred payment rent
Now parties can add up the idea of how to exercise the right to defer debt repayment under lease agreement.
In the legal community, it is believed that the deferral applies only to those lease agreements under which the lessee, due to quarantine restrictions, was not deprived of the opportunity to use the leased property for the purposes specified in the lease agreement.
So, according to the Decree of the Government of the Russian Federation dd. 03.04.2020 № 439:
Amidst the outbreak of novel coronavirus (“COVID-19”) and its consequential countrywide lockdown, shutting down majority of the commercial, industrial and retail activities, the much forgotten ‘Force Majeure’ clause in contracts and leases is now receiving close scrutiny. In simple terms, ‘Force Majeure’ events relieve a party from performance of its contractual obligations, without any consequential breach of the contract, provided such performance is adversely impacted by events outside the control of an affected party such as act of God, natural disaster, war, strike, lockout, epidemic, Government orders, etc.