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Practical Law Canada

Commercial Real Estate Sample Resources

Practical Law Canada’s commercial real estate service is now available so that you can have practical how-to guidance and up-to-date precedents at your fingertips when you’re working on deals.

This content sampler contains extracts from various resources on the service. Resource extracts in this sampler include:

  • Practice Note, Fixtures vs. Chattels (Excerpt): This Practice Note describes the principal characteristics of a chattel and of a fixture in the context of commercial real property. It examines the different characteristics of each of them and how the classification of an item as either a chattel or a fixture will impact the rights of owners, lenders, landlords, and tenants.
  • Standard Document, Easement (Short Form) (Excerpt): This is a form used to transfer an easement for a specified purpose over all or part of one parcel of real property for the benefit of another separate parcel of real property. Freehold title to each of the parcels of real property is held by two separate entities. This Standard Document is for lands located in Ontario but may be adapted for use in other jurisdictions.
  • Practice Note, Land Transfer Tax: Overview (Excerpt): This Practice Note addresses Ontario land transfer tax under the Land Transfer Tax Act, R.S.O. 1990, c. L.6 (LTA), and certain closely allied taxes relevant to commercial real estate practice. Although this practice note applies only to Ontario, every jurisdiction in the country and in the United States as well, has some sort of tax, stamp duty or mutation charge that operates on change of ownership in a fashion similar to the land transfer tax described in section 2 of the LTA.
  • Practice Note, SNDAs in Real Estate Transactions: Overview (Excerpt): This is a Practice Note highlighting the key provisions of a standard subordination, non-disturbance and attornment agreement, including the benefits and disadvantages of having an agreement for lenders and commercial property tenants. This Note also briefly discusses negotiating strategies and considers issues like priority of mortgages and other security relating to commercial real property, lease modification, document execution and registration.
  • Checklist, Closing Documents Checklist (Excerpt): This is a checklist of common documents used by purchasers and vendors to close a purchase and sale transaction for commercial real property located in Ontario, from signing the agreement of purchase and sale to fulfilling post-closing obligations.

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