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Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need or at least want to change the deal with their landlord. But what commercial tenants and their landlords need to remember, is that leases are not quite the same as other commercial contracts.
Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or...
Can a Tenant Stop Paying Rent as a Result Of COVID-19? When the government ordered the closure of all non-essential businesses, tenants quickly turned to their leases to see if the pandemic would qualify as force majeure and discharge them from their rent obligations. Hengyun International Investment Commerce Inc. v. 7614 Québec Inc., 2020 QCCS 2251, (" Hengyun") was one of the first Canadian cases to consider force majeure in the context of COVID-19 government-mandated shutdowns. It sparked hope for tenants that rent relief was possible. In Hengyun, the Landlord and the original Ten...