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Features
Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…
Features
When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.
Columns & Departments
Condominium Lien Enjoys Priority Over Mortgage Business Judgment Rule Precludes Challenge to Cancellation of Shares
Features
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.
Columns & Departments
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge
Columns & Departments
Prohibition of Advertising Sign Upheld Failure to Consider Rezoning Application Not Subject to Judicial Review
Features
How did the artists qualify for protection under the Visual Artists Rights Act, how could the owners know whether the artists had achieved "recognized stature" warranting prevention of their works' destruction, and what could the owners have done to avoid liability while retaining the right to dispose of their properties as they saw fit?
Features
Much attention has been paid to the devastating effects of the COVID-19 pandemic on income, unemployment and cash flow for businesses. But new research takes an eye opening look at what the shutdown of many businesses may do to the worth of commercial real estate.
Features
The Court's primary holding in Regina is that retroactive application of the Part F amendments would violate the Due Process clause of the U.S. Constitution.