Commercial Leasing Disputes 2023

Course Chairs
C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

About the Course Chairs
Nicole Mangan is a partner with Richards Buell Sutton and the chair of the firm's Commercial Leasing Practice Group and has been recognized by Best Lawyers® in the area of Commercial Litigation Law for the 2021 edition. Nicole has broad experience working with property managers, landlords, and tenants handling commercial lease disputes including failure to pay rent, rent distress, abandoned premises, abandoned goods in a premise, surrender agreements, eviction of overholding tenants, and ownership of fixtures on premises. Nicole is also a member of the firm's insurance and employment law practice groups.

Ross McGowan provides a broad range of compliance, risk management and litigation support, with a focus on assisting financial institutions in combating fraud and  corruption. He also advises clients in operations, payment systems, policy advice, and regulatory compliance matters.

Within his practice, Ross works with a variety of insurers to provide coverage and subrogation advice relating to fraud losses, bondability of employees, policy design, and defence of claims. Ross' expertise also extends to commercial leasing disputes, advising landlords, property managers, and tenants on an array of issues.

Ross has represented Canadian banks and credit unions at trial and appellate courts across Canada on national and provincial class action defence matters, including ones requiring extensive knowledge of the Bills of Exchange Act, Payment Canada's Automated Clearing Settlement System Rules and Standards, the Bank Act, the Credit Union Incorporation Act, the Financial Institutions Act, and other legislation.

Faculty
Robert Fischer — Whitelaw Twining Law Corporation, Vancouver
Michael B. Morgan — Lawson Lundell LLP, Vancouver
Peter Powers — Principal, Accurate Effective Bailiffs Ltd., Burnaby
Matthew G. Swanson — Borden Ladner Gervais LLP, Vancouver
Anousheh Torabi — Osler, Hoskin & Harcourt LLP, Vancouver

Course Materials Contributors
John C. Fiddick — Whitelaw Twining Law Corporation, Vancouver
Ryan A. Shaw — Richards Buell Sutton LLP, Vancouver

Click here for full faculty bios

Welcome and Introduction (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

Introduction to Commercial Leasing Disputes (9:10 – 9:40)

• the evolution of the commercial lease and remedies into the 21st century
• the commercial context of commercial lease remedies
• the nightmare: consequences of a bad strategy

D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

A. Problems Encountered by Landlords

Non-payment of Rent (9:40 – 10:20)

• basic remedies for unpaid rent
• anticipatory refusal to pay rent
• claiming arrears arising due to the landlord's error

Matthew G. Swanson — Borden Ladner Gervais LLP, Vancouver

BREAK (10:20 – 10:35)

Working with Bailiffs: Distraint, Do's, and Don't's (10:35 – 11:15) 

Peter Powers — Principal, Accurate Effective Bailiffs Ltd., Burnaby

Abandonment of the Premises by the Tenant (11:15 – 12:00)

• surrender of lease
• anticipatory abandonment
• options available to landlord
• chattels vs. fixtures
• goods left behind

Michael B. Morgan — Lawson Lundell LLP, Vancouver

LUNCH (12:00 – 12:45)

Repair, Restoration, and Remediation Issues (12:45 – 1:15)

• express lease covenants
• implied lease covenants
• statutory cost recovery actions

C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver

Insolvent Tenants (1:15 – 1:55)

• priority disputes with other creditors
• landlord rights on bankruptcy
• what if the tenant is seeking CCAA protection?

Robert Fischer — Whitelaw Twining Law Corporation, Vancouver      

BREAK (1:55 – 2:10)

B. Problems Encountered by Tenants

Occupation, Use, and Enjoyment of Premises (2:10 – 2:50)

• nuisance
• quiet enjoyment
• breach of lease for reasons other than non-payment of rent
• demolition clauses

C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver

Lease Issues from Tenant's Perspective (2:50 – 3:30)

• initial considerations in reviewing a lease for a tenant
• factors to consider in successfully negotiating a lease from a tenant's perspective
  
• brief overview of a few noteworthy provisions to pay extra attention to when acting for a tenant

Anousheh Torabi — Osler, Hoskin & Harcourt LLP, Vancouver

Putting the Concepts Into Practice: Panel Discussion (3:30 – 4:15)

• the Friday 4:00 pm telephone call
• practice tips, strategies, and advice
• questions, comments, and discussion

Robert Fischer — Whitelaw Twining Law Corporation, Vancouver
C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Michael B. Morgan — Lawson Lundell LLP, Vancouver
Peter Powers — Principal, Accurate Effective Bailiffs Ltd., Burnaby
Matthew G. Swanson — Borden Ladner Gervais LLP, Vancouver
Anousheh Torabi — Osler, Hoskin & Harcourt LLP, Vancouver