What’s an Offer to Lease?

Wait before you sign that Offer to Lease!

In Ontario, Commercial Leases often start with an Offer to Lease, which is also called an agreement to lease. The trend for Offers to Lease is fading in the United States with many Landlords preferring to proceed straight to the Lease. However, in Ontario many Landlords are still content with negotiating an Offer to Lease, and then allowing the Tenant to take possession of the premises before the Lease is signed. This is normally not recommended as some Tenants want to walk away from the lease after signing the Offer to Lease. Furthermore, it does not provide much room to negotiate on the terms that were not included in the Offer to Lease but are included in the Landlord’s standard Lease form.

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HST New Housing Rebate

The Harmonized Sales Tax (HST) New Housing Rebate is available for qualified owner-occupant purchasers of new homes and new condominiums. What is the catch? Well, there are several cases where the HST New Housing Rebate has been denied by the courts or the Minister of National Revenue has attempted to claw-back a rebate received by a purchaser or purchasers.

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Foreign Franchisor Disclosure Document and Ontario Law

Section 5(4) of the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) provides that a disclosure document is required to contain all material facts, including those prescribed by regulation, copies of all proposed agreements relating to the franchise, statements as prescribed by regulation to assist the prospective franchisee in making an informed investment decision, and other information and copies of documents as prescribed by regulation. All such information must be set-out accurately, clearly and concisely.

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Shareholder Agreement

What is a Shareholder Agreement?

A shareholder agreement is an agreement between two or more shareholders to deal with various company matters such as buy-outs, death and disputes. Shareholder agreements are highly recommended for all company’s whether small, medium or large. If drafted properly, shareholder agreements can prevent costly litigation between shareholders.

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Franchise Law in Ontario – Importance of the Disclosure Document

What the law says about registering a franchise in Ontario

While there is no requirement to register your franchise in Ontario, franchises operating in Ontario must comply with applicable legislation and regulations. The applicable act is the Arthur Wishart Act (Franchise Disclosure) 2000. The Act and its regulations govern how franchisors must present their franchised business to prospective franchisees and the information that must be provided to them at the outset as well as the time line for providing this information. The key document is the Disclosure Document.

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