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Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Associate

Craig R. R. Garbe

Commercial Real Estate Lawyer | Funds, REITs & JV Deals

Partner

Rights of first refusal (ROFRs) can significantly affect Canadian commercial real estate transactions, particularly when properties are sold as part of a portfolio. This blog reviews limited Canadian case law addressing when ROFRs are triggered in portfolio sales and the challenges they create for vendors and purchasers. It also outlines practical structuring strategies to help navigate these complex transactions.

Rights of First Refusal in Canadian Commercial Real Estate

Rights of First Refusal in Canadian Commercial Real Estate: Navigating Portfolio ROFRs

Shahrose Javed

Lawyer at Bennett Jones Toronto

With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. As the industry booms and demand increases, hotel operators are looking to establish new locations, and CRE (commercial real estate) owners are providing (or, frequently, repurposing) land and buildings to serve that need. But for both owners and operators alike, the key to unlocking value in this asset class comes in correctly determining and drafting an efficient and effective operating structure—one that incentivizes performance, rewards success and compensates each party for input. More often than not, that structure takes the form of a hotel management agreement. In this article we take a close look at these agreements—what are they, what are they not and what might they become.

The Hotel Management Agreement What Why and How

The Hotel Management Agreement: What, Why and How?

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Valuing a commercial asset is a tricky business. Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a government approval, etc. So, it is only natural that, where a vendor and purchaser cannot reach agreement on an asset's price, the parties would agree to connect that price (or some of it) to the occurrence of those future events.

Real Estate Earnouts The Risks and Rewards of Density Bonuses

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price, a timeline, probably some representations and warranties, and perhaps conditions to be satisfied. But an "option" to purchase a property? Well, that just doesn't sound quite as important now does it? After all, if something is optional it might not even be needed, or it might never exist. It certainly doesn't seem to warrant as much attention as an agreement to purchase—so perhaps no great amount of attention should be paid to it?

But Its Just An Option Option Risks And The Tale Of Horn v Xylem

But It's "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Emma Danaher

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate 

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

As artificial intelligence tools become more autonomous, they are creating new legal risks, including the potential for AI-generated defamation. This article explores how Canadian courts may assess liability when AI agents publish harmful or false statements, and why companies deploying these tools must implement strong governance, safeguards and oversight. It also examines how existing Canadian defamation principles may apply to emerging AI technologies.

When AI Speaks for Itself How AI is Reshaping Defamation Risk

When AI Speaks for Itself: How AI is Reshaping Defamation Risk

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.

A Three Part Series on the New Federal Approach to Housing Build Canada Homes

A Three-Part Series on the New Federal Approach to Housing: Build Canada Homes

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

Even carefully drafted lease covenants requiring tenants to repair and restore premises may not be enforced literally under Canadian common law. Courts consider reasonableness, commercial context, and ordinary wear and tear when assessing tenant obligations. This blog explores how landlords and tenants can navigate these limits and manage end-of-lease expectations.

Not Quite Absolute Obligations Reasonable Limits on Lease Covenants to Repair Restore

Not-Quite-Absolute Obligations: Reasonable Limits on Lease Covenants to Repair & Restore

Natalia E. Iamundo

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Proptech is transforming the real estate sector through technologies such as AI, IoT and data-driven platforms. This blog examines recent Canadian patent filing trends, emerging litigation and key IP considerations for companies developing or adopting proptech solutions.

Craig Garbe at LSO's 18th Annual Real Estate Law Summit

From the Same Authors