7TH ANNUAL DEALING WITH THE LEASE: WHAT S NEXT? THE FUTURE IS NOW

Transcription

1 7TH ANNUAL DEALING WITH THE LEASE: WHAT S NEXT? THE FUTURE IS NOW CUTTING EDGE TIMELY INTERACTIVE Lawyers, law clerks, lease administrators and business people dealing with leases and related documentation should always be aware of the current state of the commercial leasing industry. In today s session, we will consider the current state of the commercial real estate industry from both a legal perspective and a leasing perspective to highlight the fact that our future is happening now. As well, we will discuss some of the common arithmetic and English errors that are made every day when drafting leases. TORONTO NOVEMBER 24, 2015 WEBINAR NOVEMBER 24, 2015 SPEAKERS COURSE CHAIR SPECIAL GUEST SPEAKERS MINDEN GROSS LLP GUEST SPEAKERS Boris Zayachkowski, Partner Benjamin T. Radcliffe, Associate Carly Caruso, Associate Stephen J. Messinger, Senior Partner, Minden Gross LLP Lexpert Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert Directory Stephen Posen, Senior Partner, Lexpert Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert Directory Michael S. Horowitz, Partner, Lexpert Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert Directory John Crombie, Triovest Realty Advisors Inc. COURSE HIGHLIGHTS New Cases and New Legal Principles New Lease Clauses and Documentation What s New in Retail New Negotiation Techniques and Tips Remedial Math and English for Leasing Lawyers REGISTER BEFORE OCTOBER 23 AND SAVE $300! Register online at For more information, please contact Lexpert Events at

2 PROGRAM OUTLINE 8:00-9:00 A.M. REGISTRATION AND BREAKFAST 9:00-9:15 A.M. INTRODUCTION AND OVERVIEW 9:15-10:30 A.M. NEW CASES AND NEW LEGAL PRINCIPLES CASES Bhasin v. Hrynew, 2014 Supreme Court of Canada Idle-O Apartments Inc. v. Charlyn Investments Ltd. 2014, British Columbia Court of Appeal Goreway Total Health Inc. v. Goldbrite Trading Co., 2014, Ontario Court of Appeal Mason Homes Ltd. v. Woodford, 2014, Ontario Court of Appeal Sirdi Sai Sweets Inc. v. Indian Spice & Curry Ltd., 2014, Ontario Superior Court of Justice PRINCIPLES Duty of good faith Proprietary estoppel (equitable principle) and illegality Interpretation of lease: As-is, inducement, and abatement clause Abandonment, re-entry and forfeiture of rent Independence or interdependence of lease covenants 10:30-10:45 A.M. REFRESHMENT BREAK 10:45-11:45 A.M. NEW LEASE CLAUSES AND DOCUMENTATION INTERESSE TERMINI interest of term / right of entry into premises Rep/Warrant is about cell signal and wireless signal in the building. Can be expensive for tenant to fix if building blocks signals. Certain curtain wall materials better than others Co-tenancy clauses wave of litigation brewing post-target will inevitably result in both landlords and tenants taking a closer look at these clauses New building code/accessibility standards examine the impact of more onerous accessibility requirements 11:45-1:00 P.M. NETWORKING LUNCH 1:00-1:45 P.M. WHAT S NEW IN RETAIL Guest speaker John Crombie, Triovest Realty Advisors Inc. new trends new formats new retail concepts difference between success and failure 1:45-2:30 P.M. NEW NEGOTIATION TECHNIQUES AND TIPS Schedule of RIDERS which override the lease provisions Precedents and conforming leases 2:30-2:45 P.M. REFRESHMENT BREAK 2:45-3:45 P.M. REMEDIAL MATH AND ENGLISH FOR LEASING LAWYERS Learn the meaning what you say is not the same as what you mean Consider why judges call and/or an abomination Understand how grade school arithmetic errors can be expensive Deal with percentage rent calculation issues 3:45-4:00 P.M. QUESTIONS AND ANSWERS REGISTER BEFORE OCTOBER 23 AND SAVE $300! Register online at For more information, please contact Lexpert Events at

3 STEPHEN J. MESSINGER COURSE LEADER Stephen is Senior Partner in the Commercial Leasing Group of Minden Gross LLP. He specializes in commercial leasing and development. His clients include large, sophisticated developers, property and asset managers, retailers and institutions. He is an International Council of Shopping Centers (ICSC) Canadian Division Special Initiatives Chairman and Distinguished Service Award recipient. Stephen is on the Editorial Board for and contributor to Shopping Centre Leases, Volumes I and II. Member of Advisory Boards of Georgetown University Law Center Advanced Commercial Leasing Institute and Commercial Lease Law Insider, Shopping Centre Management Insider and Commercial Tenant s Lease Insider. He is named as one of Canada s most frequently recommended property leasing lawyers by The Canadian Legal Lexpert Directory and listed in the Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada. He was admitted to the Ontario Bar in STEPHEN POSEN Stephen is Senior Partner and Chair of the Commercial Leasing Group of Minden Gross LLP. He has extensive in all aspects of commercial leasing involving office, retail, industrial, and other commercial properties including commercial leasing alternative dispute resolution. He acts for leading national and international retailers, developers, landlords and tenants. Stephen is actively engaged in ICSC ans is a frequent lecturer, panelist and moderator of continuing legal education programs. He is co-editor and contributor to numerous leasing publications and participates in a number of commercial lease-related arbitrations, both as counsel and arbitrator. He serves frequently as an expert witness in commercial leasing matters. Stephen is named as one of Canada s most frequently recommended property leasing lawyers by the Canadian Legal Lexpert Directory and he is listed in the Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada. He is a member of the CBA, LSUC and ICSC. And was admitted to the Ontario Bar in MICHAEL S. HOROWITZ Michael is a Partner with the Commercial Leasing Group of the law firm of Minden Gross LLP in Toronto. Michael s practice focuses primarily on commercial leasing transactions, including drafting and negotiating retail, office and industrial leases and ancillary documentation. Michael is a longstanding member of the Planning Committee for the annual ICSC Canadian Law Conference in Toronto, Ontario and served as Co-Chair in 2008 and Michael has also participated as a Panelist, Moderator and Round-Table Leader for the ICSC Canadian Law Conference and as a panelist at the Law Society of Upper Canada s Six Minute Commercial Leasing Law programs and Osgoode Hall s CLE seminar.

4 BORIS ZAYACHKOWSKI Boris is a member of the Commercial Leasing and Commercial Real Estate Groups at Minden Gross LLP. He has extensive experience representing both landlords and tenants in the drafting and negotiation of commercial lease and related documentation for office, retail and industrial lease transactions, and in the practical resolution of lease disputes. In addition, Boris has extensive experience in the drafting and negotiation of all required documentation for property sale and acquisition, property development and joint venture transactions. Boris has spoken regularly at conferences sponsored by the International Council of Shopping Centers, the Law Society of Upper Canada and other organizations on commercial leasing and real estate topics and has been regularly mentioned in the Big Deals Real Estate section of LEXPERT Magazine. BENJAMIN T. RADCLIFFE Benjamin is an Associate in Minden Gross LLP s Commercial Leasing Group. His practice includes acting for commercial retail, office and industrial landlords and tenants on a variety of leasing matters including drafting and negotiating retail, office and industrial leases and ancillary documentation. Benjamin s skill in negotiation and dispute resolution is invaluable in helping clients maneuver through complex leasing transactions and negotiating the legal and business issues at hand. Clients appreciate his ability to target the issue at hand, while not losing sight of the bigger picture. CARLY CARUSO Carly is an associate in the Commercial Leasing Group. She acts for commercial landlords and tenants, developers, property managers, franchisors and franchisees. Her practice focuses on a variety of commercial leasing transactions, including drafting and negotiating office and retail leases and related ancillary documentation.

5 REGISTER ONLINE: Yes! Please register the following delegate(s) for 7 th ANNUAL DEALING WITH THE LEASE Mr. Ms. Title: Telephone #: Company: Address: City: Province: Postal Code: Payment enclosed Payment to follow Invoice me Charge to my VISA AMEX MC Card#: CVV: Expiry Date: Cardholder s Name: Signature: In class registration fee includes the course, materials, breakfast, lunch and coffee breaks. Substitutions are granted with notification to Lexpert Events. Webinar participants will receive an online link to access the program materials as part of their registration fee In class participants material selection: Print Digital Both (an additional charge of $99 will apply) Select price: Early Bird Price $ applicable taxes Regular Course Price $ applicable taxes Public Sector Price $ applicable taxes Webinar Price* (Nov. 24) $995 + applicable taxes Select venue (inclass only): If this brochure is undeliverable to the addressee, then please forward to a Senior Executive or Corporate Counsel. (GST Reg # ) TORONTO - November 24 - St. Andrews Club and Conference Centre 150 King St West, 27th Floor, Toronto, ON M5H 1J9 Telephone: Fax: SPECIFICALLY DESIGNED FOR: In-House Counsel CIOs IT Executives and Project Managers ACCREDITATION Senior IT Consultants Procurement Managers Compliance Officers LAW SOCIETY OF BRITISH COLUMBIA This program has been accredited by the Law Society of British Columbia for 4.25 hours towards the professional development requirement for certification. LAW SOCIETY OF ALBERTA For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. LAW SOCIETY OF UPPER CANADA (CPD) This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement. Total hours 4.25 BARREAU DU QUÉBEC The Barreau du Québec automatically recognizes the same number of hours for this training activity, as long as it has been accredited by another Law Society that has adopted MCLE. LAW SOCIETY OF NEW BRUNSWICK This program has been accredited by the Law Society of New Brunswick for 4.25 hours towards the mandatory continuing professional development requirement. LAW SOCIETY OF NOVA SCOTIA For Nova Scotia lawyers, consider including this course toward your Mandatory CPD Requirement. *WEBINAR PRICE CLARIFICATION Please note, these prices are on a per-person basis. For payment of the price for one person, only one individual is allowed to be logged in, and viewing at a time. To inquire about Group Rates, please see the contact information below. CANCELLATION AND REFUND POLICY: Full refunds, less a $ (plus applicable taxes) administration fee, will be given for cancellations received in writing 10 business days before the course start date. Unfortunately, refunds cannot be provided after this date. Substitution of delegates may be made at any time. Please note that Lexpert reserves the right to cancel any course deemed necessary and will, in such an event, make a full refund of registration fees paid. For reasons beyond the control of the course organizer, it may be necessary to change the subject agenda of the program and no liability is assumed for any such changes in content. CONTACT US: Web: Call: Toll free or (416) Fax: (416) register@lexpert.ca Mail: Lexpert, Marketing Events One Corporate Plaza, 2075 Kennedy Road, 11th Floor, Toronto, ON, M1T 3V4 Please make cheques payable to Lexpert