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REAL ESTATE ORDER your copy today Hardbound • 912 pp. 2009 • $225 P/C 0181010000 ISBN 978-0-88804-491-4 CL0910 Prices subject to change without notice, to applicable taxes and shipping & handling. ntitled-3 1 16 SEPTEMBER 2010 www. C ANADIAN Law ye rmag.com 8/5/10 12:32:09 PM For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business use that they don't really want, says Grignano, who notes this is a major issue for shopping mall owners. "These are highly controlled environments and this is moving control out of the land- lord's hands into the court's hands and landlords believe they're in a better position to know how to run their malls than the courts," he says. A further concern is that the amend- ments will limit landlords' ability to recover arrears in rent or accelerated rent (to cover the tenant's lease obliga- tions for three months following the bankruptcy). This concern arises from the peculiar wording of the amend- ments. On the one hand, the BIA and CCAA amendments stipulate that a court may not assign a lease unless it is satisfied that all monetary defaults will be remedied on or before a date fixed by the court. But the amendments also state that these monetary defaults do not include those that arise from the person's bankruptcy or insolvency — a proposition that leaves some lawyers wondering how to argue that a bank- rupt tenant's rent default was not a result of his or her insolvency. Landlords in Nova Scotia have simi- lar concerns, according to Michael Kennedy, a partner practising com- mercial real estate at the Halifax firm Wickwire Holm, and Pamela Clarke, a partner in the same firm specializing in insolvency law. "Landlords will likely see this as an invasion of the rights of landlords with respect to the termina- tion of the use and the suitability of the tenants occupying their premises," they wrote in an e-mail to Canadian Lawyer. The two lawyers note the amend- ment to the BIA does not clearly iden- tify that there are any protections for landlords with respect to the use of premises by the assignee of the trustee. Not only does the amendment provide that landlords are not entitled to collect any arrears arising from the previous tenant's insolvency, but it also seems that funds paid by the new assignee as Bankruptcy in Canada Fourth Edition The most authoritative statement of the law since 1922 Substantially revised and rewritten by two leading practitioners, this fourth edition is of benefit to civil and common law practitioners. It offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not just the law, but also the basis of the law: • coverage of national and international dimensions of bankruptcy law • reference to the jurisprudence of other countries as it relates to Canada • an authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation • precise directions regarding practice and procedure John D. H onsberger, Q.C. and Vern W. DaRe