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560 pages
1 volume bound
Canada Law Book

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Tenant's Rights and Remedies in a Commercial Lease: A Practical Guide, Second Edition
By: Harvey Haber, Q.C., J.D., LSM, DSA, IMI C. Med., C. Arb., B.A.
Availability: In Stock
Editor: Harvey Haber, Q.C. and contributing authors An invaluable resource, this book offers a unique collection of 27 articles, written by 45 experienced practitioners, discussing a commercial tenant's rights and remedies, and how to use them. Various topics are analyzed from the commercial tenant's perspective, which include:
  • Numerous examples and illustrations
  • Helpful hints and tips
  • Important case references
It sets out potential pitfalls a commercial tenant can come across and how to avoid them. Refer to it before entering into any offer to lease or leasing situations. New in the Second Edition:
  • New articles on the following topics:
    • Transfers of lease, assigning, subletting and change of control
    • Fundamental breach of the contract: the Supreme Court of Canada decision in Tercon Contractors Ltd. V. British Columbia (Transportation and Highway)
    • Damages arising from a tenant's default - the duty to mitigate
  • All topics covered in the previous edition have been thoroughly updated by commercial leasing experts to reflect the current state of the law, such as:
    • Franchising
    • Exclusive clauses
    • Distress as a remedy
    • Mandatory operating clauses
    • Guarantee and indemnity agreements
    • Arbitration and mediation
  • Several new contributors have joined the author team to bring fresh perspective to the book
About the Author

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 The Commercial Lease: A Practical Guide (1st, 2nd, 3rd, 4th and 5th edition (2013)), Understanding the Commercial Agreement to Lease, 2nd edition (2006), and Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide (1st edition) and, with Kenneth Beallor, the 2nd edition (2017); editor of Tenant’s Rights and Remedies in a Commercial Lease: A Practical Guide (1st and 2nd edition (2014)); Shopping Centre Leases (1st and 2nd edition (2008)); editor of Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide (2002); and Distress: A Commercial Landlord’s Remedy (2001); and editor-in-chief of Repair and Storage Liens Act: A Practical Guide (2012) and Shopping Centre Leases (volume 1, 2nd edition and volume 2). He has also written numerous articles in both Canadian and American publications.

Harvey is an International Mediation Institute Certified Mediator, a Chartered Mediator and Chartered Arbitrator of the ADR Institute of Canada, a Roster Mediator of the Ontario Mandatory Mediation Program - Toronto, and a member of the Alternate Dispute Resolution Section of the Ontario Bar Association. He has been a guest lecturer for the Law Society of Ontario, the Canadian and Ontario Bar Associations and the International Council of Shopping Centres. Harvey is a graduate of the University of Toronto and Osgoode Hall Law School. He was appointed a Queen’s Counsel by the Province of Ontario in 1978 and was the Chairman Emeritus of the Sir John A. Macdonald Foundation Inc.

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