Canadian Lawyer

December/January 2021

The most widely read magazine for Canadian lawyers

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Page 28 of 43 27 Even where there is a force majeure clause in a tenancy agreement, he says, they will generally not forgive payments of rent and will find that the allocation of risk is on the tenant. Real estate buyers can also protect them- selves in their relationships with tenants through their purchase agreements, says Patrick Gordon, who practises real estate law with Blake Cassels & Graydon LLP in Toronto. "What we've counselled our clients is [to] take every deal on its own [and] try to build in as much flexibility as you can," he says. "If there's a particular thing you're worried about, if you're buying an asset and there's a tenant [about which you may have concerns], rather than relying on a force majeure clause . . . put it in the purchase agreement instead," he says. Specifically, contemplating any concerns in the purchaser agreement lowers the risk to the purchaser, he adds. Clauses or provisions that clients may look at differently now include co-tenancy clauses, Gordon says, in which a tenant has a right to "We're still seeing new commercial leases being entered into, there's still market activity and the pandemic hasn't prevented things from getting done." Patrick Gordon, Blake Cassels & Graydon LLP Osgoode's Part-Time Professional LLM Access some of the top legal minds in Canada as you bridge theory and practice with Osgoode's Part-Time Professional LLM. Get the flexibility to fulfil your professional development goals and further your career. Choose from 7 specializations starting in Fall 2021: · Administrative Law · Business Law · Constitutional Law · Dispute Resolution · Energy & Infrastructure Law · Securities Law · Tax Law Available via distance learning Attend class via videoconference and complete your degree from your home or office. Attend an info session or Q&A to learn more. See upcoming dates at: Now accepting applications for Fall 2021 stop paying rent if their co-tenant leaves. "There's a higher degree of 'anything is possible' these days," Gordon says. Largely in response to the SARS outbreak, some landlords started to add pandemic clauses to their leases to relieve them of obligations. Likewise, tenants, who are balancing being

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