Canadian Lawyer

December/January 2021

The most widely read magazine for Canadian lawyers

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Page 29 of 43

28 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 OSGOODE'S FULL-TIME PROFESSIONAL LLM Whether you're looking to get accredited to be licensed to practice law in Canada, or want exposure to Canadian legal theory and practice, you'll find the right program with the support you need at Osgoode Professional Development. Apply by February 15 to be automatically considered for a scholarship: Supporting the professional goals of internationally trained lawyers Choose from three graduate degree programs starting August 2021: · LLM in Canadian Common Law · LLM in International Business Law · LLM in Tax Law

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