Issue link: https://digital.canadianlawyermag.com/i/55015
constraints and goals of particular projects through the establishment of four possible levels: (i) Certi- fied; (ii) Silver; (iii) Gold; and (iv) Platinum. Green(er) Leases A green or greener lease is a specific type of commer- cial real estate lease which has been modified, amend- ed and supplemented by deleting all inappropriate terms and conditions and by adding those essential and necessary terms, conditions, warranties, represen- tations and covenants which are required to ensure the particular green rating system or systems, includ- ing all of their special features, attributes and benefits, are obtained and maintained. The following are just some of the main elements of a green lease: • Targets and Benchmarks – the inclusion of tar- gets and/or limits for the measurement of the environmental performance of the building for such things as water consumption, energy reduc- tion, solid waste, recycling and/or reduction. • Performance Standards – specifications used in measuring green targets. • Environmental Management Plan (EMP) – probably the most important element as a green building is enjoyed and maintained throughout the duration of an office building lease which can have a term of 5, 10 or even 20 years. • Disputes/Clarification Handling Procedure - deals with non-compliance issues as well as ap- propriate penalties. • Audits - to determine compliance by landlord and tenant. A greener commercial lease can often take much more time for the parties and their professional ad- visors and counsel to prepare and finalize than a conventional and traditional non-green office lease, since each of the parties will be required to spe- cifically identify and mutually agree upon (i) the precise green features, standards and criteria which they both wish to have adopted for the space being leased, (ii) which party will be responsible for the respective cost and expense, and (iii) how to resolve any misunderstandings and non-compliance issues. As the saying goes, "It is nice to be green, but it comes at a cost." That said, the operating cost ef- ficiencies realized in a green lease typically signifi- cantly outweigh the "costs" of a green lease. Brian Tabor, Q.C. Halifax, NS 902.420.3397 btabor@stewartmckelvey.com John Eric Pöllabauer Moncton, NB 506.853.1960 jpollabauer@stewartmckelvey.com CONSUMER CLAIMS AND CLASS ACTIONS IN ATLANTIC CANADA By Shelley Wood and Scott Campbell to the general public, it is important to keep in mind the possibility of having to defend against a class action lawsuit. In such a lawsuit, one person or a small group of people, commonly known as the representative plaintiff(s), make their claim on behalf of a larger number (or "class") of potential claimants. The court's ultimate de- termination on certain issues is then binding upon all parties and the entire class. These types of proceedings typically arise F or anyone conducting business in Atlantic Canada, especially when such business involves the sale or distribution of products or services in the context of alleged product liability. So, for example, class actions commonly arise in respect of allegations of dangerous prod- ucts that are made available on the mar- ket. In such a case, if the court concludes that the defendant's product is unlaw- fully dangerous, that conclusion will gen- erally apply to the entire class. In other words, so long as a member of the class can prove personal damage or loss as a result of interaction with the product at issue, that class member will be entitled to compensa- tion from the defendant. The class member is relieved from having to individually establish a legal wrong. DOING BUSINESS IN ATLANTIC CANADA WINTER 2011 5