Commercial Leasing: The Standard Form Lease

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

-Rebroadcast-

Last Kick at the Can 2017
Thursday, December 14, 2017
9:00 am – 4:00 pm

(Original date: Wednesday, May 31, 2017)

Who should attend: Commercial real estate lawyers, property managers, and those who advise clients about commercial leases on an occasional basis.

Learning level: Intermediate

Referencing a sample standard form lease, seasoned solicitors will show you how to draft with a view to settling disputes down the road. Expert litigators will tell you how to live with a lease, how to handle enforcement and operational issues, what happens upon extension or expiration of a lease, and how lease drafting can play out in a dispute.

After this course, you will:

know how to draft a solid lease
understand the drafting process from the perspective of the landlord and the tenant
know how to handle termination or expiry of a lease

Law Society of BC CPD Hours: 6 (For Rebroadcasts: a minimum of 1.25 hours will include professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

Pricing	Last Kick at the Can Rebroadcast
Rebroadcast	$469
Registration includes an electronic copy of the reference materials. Please note: The CPD hours of the rebroadcast may differ from the CPD hours of the original, live program.

Webinar Archive: This course will be added to the Webinar Archive. See below to subscribe.

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CLEBC Program Lawyer
Teresa Sheward
tsheward@cle.bc.ca

Course Chairs
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

About the Course Chairs

Simon Coval is a partner with Fasken Martineau DuMoulin LLP in Vancouver and is the firm’s Manager of Commercial Litigation and Dispute Resolution Group. A frequent lecturer and instructor on commercial litigation, his broad commercial practice has a particular focus on business disputes involving: contracts, economic torts, real estate, commercial leases, companies and partnerships, civil fraud and white-collar crime, and injunctions.

Simon has been selected by Best Lawyers in Canada for Corporate and Commercial Litigation and rated ''high to very high legal ability'' by the Martindale-Hubbell legal rating service. Simon was called to the BC bar in 1993. Prior to joining the firm, he clerked for The Honourable Chief Justice McEachern and The Honourable Mr. Justice Cumming at the BC Court of Appeal.

D. Ross McGowan is a partner of Borden Ladner Gervais LLP and is National Chair of the firm's Fraud Law Practice Group. Ross provides advice to financial institutions and others on operations, payment systems, policy advice, and regulatory compliance, including work specifically focused on combating loss arising from fraud. Ross has acted on matters ranging from litigation defence work of individual customer complaints to mass tort Ponzi scheme claims. He provides operations and compliance advice on design of banking systems, account agreements, policy manuals, and regulatory compliance matters affecting financial institutions' operations. Ross also works with fidelity, E & O, and D & O insurers to provide coverage and subrogation advice relating to fraud losses, bondability of employees, policy design, and defence of claims. Ross has been a guest speaker at many national and regional industry group conferences and has authored numerous articles on banking, bills of exchange, and fraud related topics. He received an international film award for developing an employee fraud awareness video titled "Consequences" and was recognized in Who'sWhoLegal as one of Canada's leading business crime defence lawyers. Ross was admitted to the BC bar in 1988.

Planning Committee
Peter J. Anderson — Boughton Law Corporation, Vancouver
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Beverly G. Ellingson — Terra Law Corporation, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

Faculty
Peter J. Anderson — Boughton Law Corporation, Vancouver
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Beverly G. Ellingson — Terra Law Corporation, Vancouver
Rod Fram — Property Manager, TransPacific, Burnaby
H. Scott MacDonald — Richards Buell Sutton LLP, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Richard J. Olson — McKechnie & Company, Vancouver

Welcome and Introduction

Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

The Standard Form Lease
Landlords’ and Tenants’ counsel perspectives on particular boilerplate clauses:

occupancy and permitted use
damage and destruction
assignment and subletting
insurance and indemnity
subordination and attornment
environmental
questions you wish your client would ask

Peter J. Anderson — Boughton Law Corporation, Vancouver
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Beverly G. Ellingson — Terra Law Corporation, Vancouver
Rod Fram — Property Manager, TransPacific Realty Advisors, Burnaby
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

Break

The Standard Form Lease (Continued)
Landlords’ and Tenants’ counsel perspectives on special or unique clauses:

extension and renewal
restrictions and exclusives
tenant allowances
right of first refusal
options to expand or downsize
arbitration and mediation

Peter J. Anderson — Boughton Law Corporation, Vancouver
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Beverly G. Ellingson — Terra Law Corporation, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

Networking Lunch

The Sinking Ship: Tips, Tools, and Strategies

CCAA
- by landlord
- by tenant
bankruptcy
assignments and subletting
amendments and addenda
rent deferrals
third parties at the table:
- assignors
- guarantors
- indemnifiers

Richard J. Olson — McKechnie & Company, Vancouver
H. Scott MacDonald — Richards Buell Sutton LLP, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Rod Fram — Property Manager, TransPacific Realty Advisors, Burnaby

Break

The End of the Lease
Taking the deal apart: expiration of the lease term and termination for default — post-expiry issues

normal expiration: what stays, what goes
- removal and restoration obligations
goods left behind: who is entitled to them?
- abandonment
- charge under the lease?
- landlord as bailee
termination for breach
recovery of possession
- by a bailiff
- Commercial Tenancy Act
- court order

Closing Questions and Comments

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Commercial Leasing: The Standard Form Lease

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