Distress is a remedy with many detailed and complicated rules that have to be followed and can be a minefield. It is because of those many rules and complications that most landlords prefer not to get involved in exercising the distress right. A solicitor advising a client that is considering the exercise of its distress rights must be familiar with the intricacies of the distress process, and also be aware of the ramifications of an improper or illegal distress. Distress: A Commercial Landlord’s Remedy, Second Edition is a continuation of the first edition described as “a wonderful guide and source of detailed information for those practitioners who find themselves considering whether and how to exercise this remedy.”

The right of distress is a powerful tool in the arsenal of a landlord in dealing with a tenant’s rental default. For those who wish to exercise a distress, or those who are thinking of doing so, this volume is an invaluable resource.

Harvey M Haber

Harvey M. Haber, Q.C., J.D., LSM, DSA., IMI CERTIFIED MEDIATOR, C. MED., C. ARB., B.A., is a former senior partner with the Toronto law firm, Goldman Sloan Nash&Haber LLP. He also acts as a mediator or arbitrator with COE ADR Management. Harvey is the author of several books with Thomson Reuters, many of which have published multiple editions including The Commercial Lease: A Practical Guide, Understanding the Commercial Agreement to Lease, Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide, Tenant’s Rights and Remedies in a Commercial Lease: A Practical Guide, Shopping Centre Leases, Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide, Distress: A Commercial Landlord’s Remedy, Repair and Storage Liens Act: A Practical Guide and Shopping Centre Leases.

Robert D. Malen

Robert is a senior member of the Litigation Group of Goldman Sloan Nash & Haber LLP with a practice that is devoted to the resolution of corporate and commercial, shareholder, banking, real estate, construction and employment disputes through both litigation and mediation. He has successfully acted at every level of court up to and including the Supreme Court of Canada. Robert has been trial counsel on numerous trials, and has also acted as appeal counsel before the Divisional Court of Ontario, the Court of Appeal of Ontario and the Supreme Court of Canada. Robert has taught business law at the University of Toronto and was the Contributing Legal Editor and monthly columnist for Canadian Doctor Magazine.

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