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An Overview of Bill 152: An Act to Modernize Various Acts Administered By Or Affecting the Ministry of Government Services, 2006
Ontario was the first province in Canada to adopt a UCC Article 9 type registration system called the '<i>Personal Property Security Act</i>' or PPSA. During the early 1990s, Ontario refreshed its legislation, and other Canadian provinces soon followed with their own acts that were modeled on but not the same as the Ontario PPSA. As with any legislation, certain changes made by other provinces turned out to be superior to the act that it modeled.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Exemptions and Prohibitions in the New Franchise Rule
The New Franchise Rule deletes the four exclusions in the existing Rule for employer-employees and general partnerships, cooperative organizations, testing or certification services, and single trademark licenses, since a revised definition of 'franchise' in the Rule obviates the need for these exclusions. The New Rule retains the exemption for franchise sales under $500, fractional franchises, and leased departments, while adding an exemption for petroleum marketers governed by the Petroleum Marketing Practices Act, as well as for three categories of 'sophisticated investor.'
No Proration of Lessors' Payments in Bankruptcy
On March 15, 2007, the U.S. Court of Appeals for the Third Circuit (the 'Third Circuit') issued an important decision regarding the rights of equipment lessors who find themselves ensnarled in court proceedings as a result of a lessee's filing for bankruptcy protection. <i>In Re: Federal-Mogul Global Inc v. Computer Sales International</i> considered whether two lower courts properly modified an equipment lease under 11 U.S.C. '365(d)(5) of the Bankruptcy Code ' formerly codified at 11 U.S.C. '365(d)(10) ' by permitting proration of payment obligations as of the date of rejection of the leases. The Third Circuit reversed, holding that modification of the lease terms was improper.
June issue in PDF format
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Movers & Shakers
News about lawyers and law firms in the commercial leasing industry.
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Information Security Breaches: Privacy Laws and Procedures
Part One of this series discussed security breach notification laws. The conclusion addresses security procedures laws.
Limiting the Impact of Co-Tenancy Requirements
A co-tenancy requirement may have substantial negative effects, including a domino effect if more than one tenant ceases to operate. Part One of this series discussed defining co-tenancy requirements, limiting their duration, and defining violations. The conclusion addresses notice and cure rights and limiting the tenant's remedies.
In the Spotlight: Drafting Better Leases for the Commercial Tenant
Too many tenants' businesses have suffered severe financial consequences or lost leases as a result of poorly drafted provisions. Therefore, it is imperative that tenants negotiate better leases in order to protect their interests. The suggestions in this article provide proposed remedies for a few of the harshest lease provisions. Although market conditions always play a factor in providing negotiating leverage to a landlord or tenant, some of these proposals should survive scrutiny in any real estate market.

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