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Commercial Leases, Contracts Steve Parr Commercial Leases, Contracts Steve Parr

Canadian small businesses will receive some rent relief during COVID-19

Canadian small businesses will receive some rent relief during COVID-19

Prime Minister Trudeau announced on Thursday April 16, 2020 a new program to assist small businesses that are stuck in commercial lease agreements that they cannot make payments on.

The Canada Emergency Commercial Rent Assistance program (“CECRA”) will assist small businesses with rent for April, May and June.

Details on the CECRA program

The program will, according to a PM’s office press release “seek to provide loans, including forgivable loans, to commercial property owners who in turn will lower or forgo the rent of small businesses for April (retroactive), May, and June.”

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Contracts Steve Parr Contracts Steve Parr

COVID-19 and your Commercial Lease

COVID-19 and your Commercial Lease

These unprecedented times have given rise to much uncertainty. As we continue to adapt, commercial tenants and landlords have many questions since all non-essential businesses have been asked to close down. The main concern is regarding the impact of COVID-19 on commercial leases. A good place to start for this discussion is to explore the concepts of force majeure clauses and the doctrine of frustration of contracts.

What is a force majeure clause?

A force majeure clause is a provision that is included in most commercial contracts or lease agreements. It may allow one or both parties to defer or terminate performance of their obligations as a result of a specified event that is outside of their control. These events could include:

Acts of God (E.g. natural disasters like earthquakes and tornados)

Public health emergencies (E.g. epidemics and pandemics)

Government action (E.g. lockdowns/forced closures and changes in the law)

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