28 www.canadianlawyermag.com
LEGAL REPORT
REAL ESTATE
TREND TO OPEN-AIR,
MULTIPURPOSE MALLS
Toronto and the surrounding region have
seen a move over the past few years
to repurposing and restructuring their
shopping plazas, from enclosed malls to
open-air and multiuse sites. These include:
Bayview Village
The Shops at Don Mills
Galleria Shopping Centre
Morningside Crossing
Coverdale Mall
Promenade (Thornhill)
rent-roll may not tell the whole story.
"If prior tenants were improperly evicted
and no longer appear on the current rent-
roll, purchasers relying solely on the current
rent-roll run the risk of post-closing statu-
tory claims for unlawful evictions," he says.
Depending on the circumstances, some
previously evicted tenants could have the
statutory right to have their tenancies rein-
stated or receive compensation for damages.
Careful drafting of expanded representations
and warranties in agreements of purchase
and sale to account for such new statutory
claims need to be considered.
Innovative uses of technology have assisted
the real estate bar in completing transactions
in the face of COVID-19, says Barkin. "For
open for business and keeping customers and
staff safe from disease, may make demands
in their contracts.
Real estate investors may have glossed
over certain contractual provisions before,
Gordon says, "but if you're buying an office
building today, you'd really want to know
what obligations you're stepping into."
For COVID-19-related legislation such
as the temporary moratorium on certain
commercial tenant evictions in Ontario,
"members of the real estate bar need to
think outside the box with respect to tradi-
tional due diligence and legal drafting,"
says Barkin. For example, when acting on
the purchase and sale of commercial rental
buildings, an examination of the current
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