REGISTER BEFORE OCTOBER 23 AND SAVE $300!Register online at www.lexpert.ca/cpdcentre

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7TH ANNUAL DEALING WITH THE LEASE: WHAT’S NEXT? THE FUTURE IS NOWLawyers, law clerks, lease administrators and business people dealing with leases and related documentation should always be aware of the current state of the commercial leasing industry. In today’s session, we will consider the current state of the commercial real estate industry from both a legal perspective and a leasing perspective to highlight the fact that our future is happening now. As well, we will discuss some of the common arithmetic and English errors that are made every day when drafting leases.

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TORONTO | NOVEMBER 24, 2015 • WEBINAR | NOVEMBER 24, 2015

MINDEN GROSS LLP GUEST SPEAKERSStephen Posen, Senior Partner, Lexpert® Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert® Directory Michael S. Horowitz, Partner, Lexpert® Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert® Directory

Boris Zayachkowski, Partner Benjamin T. Radcliffe, Associate Carly Caruso, Associate

COURSE HIGHLIGHTS• New Cases and New Legal Principles• New Lease Clauses and Documentation• What’s New in Retail

• New Negotiation Techniques and Tips• Remedial Math and English for Leasing Lawyers

SPEAKERSCOURSE CHAIRStephen J. Messinger, Senior Partner, Minden Gross LLP Lexpert® Top Ranked in Property Leasing in the 2015 Canadian Legal Lexpert® Directory

SPECIAL GUEST SPEAKERSJohn Crombie, Triovest Realty Advisors Inc.

8:00 - 9:00 A.M.REGISTRATION AND BREAKFAST

9:00 - 9:15 A.M.INTRODUCTION AND OVERVIEW

9:15 - 10:30 A.M.NEW CASES AND NEW LEGAL PRINCIPLES CASES

• Bhasin v. Hrynew, 2014 Supreme Court of Canada• Idle-O Apartments Inc. v. Charlyn Investments Ltd. 2014, British

Columbia Court of Appeal• Goreway Total Health Inc. v. Goldbrite Trading Co., 2014, Ontario

Court of Appeal• Mason Homes Ltd. v. Woodford, 2014, Ontario Court of Appeal• Sirdi Sai Sweets Inc. v. Indian Spice & Curry Ltd., 2014, Ontario

Superior Court of Justice

PRINCIPLES

• Duty of good faith• Proprietary estoppel (equitable principle) and illegality• Interpretation of lease: “As-is”, “inducement”, and abatement clause• Abandonment, re-entry and forfeiture of rent• Independence or interdependence of lease covenants

10:30 - 10:45 A.M. REFRESHMENT BREAK

10:45 - 11:45 A.M.NEW LEASE CLAUSES AND DOCUMENTATION• INTERESSE TERMINI – interest of term / right of entry into

premises• Rep/Warrant is about cell signal and wireless signal in the

building. Can be expensive for tenant to fix if building blocks signals. Certain curtain wall materials better than others

• Co-tenancy clauses – wave of litigation brewing post-Target will inevitably result in both landlords and tenants taking a closer look at these clauses

• New building code/accessibility standards – examine the impact of more onerous accessibility requirements

11:45 - 1:00 P.M.NETWORKING LUNCH

1:00 - 1:45 P.M.WHAT’S NEW IN RETAIL Guest speaker – John Crombie, Triovest Realty Advisors Inc.• new trends• new formats • new retail concepts• difference between success and failure

1:45 - 2:30 P.M.NEW NEGOTIATION TECHNIQUES AND TIPS• Schedule of RIDERS which override the lease provisions • Precedents and conforming leases

2:30 - 2:45 P.M. REFRESHMENT BREAK

2:45 - 3:45 P.M.REMEDIAL MATH AND ENGLISH FOR LEASING LAWYERS• Learn the meaning what you say is not the same

as what you mean• Consider why judges call “and/or” an “abomination”• Understand how grade school arithmetic errors can be expensive• Deal with percentage rent calculation issues

3:45 - 4:00 P.M.QUESTIONS AND ANSWERS

PROGRAM OUTLINE

REGISTER BEFORE OCTOBER 23 AND SAVE $300!Register online at www.lexpert.ca/cpdcentre

For more information, please contact Lexpert® Events at 1-877-298-5868

COURSE LEADER

Stephen is Senior Partner in the Commercial Leasing Group of Minden Gross LLP. He specializes in commercial leasing and development. His clients include large, sophisticated developers, property and asset managers, retailers and institutions. He is an International Council of Shopping Centers (ICSC) Canadian Division Special Initiatives Chairman and Distinguished Service Award recipient. Stephen is on the Editorial Board for and contributor to Shopping Centre Leases, Volumes I and II. Member of Advisory Boards of Georgetown University Law Center Advanced Commercial Leasing Institute and Commercial Lease Law Insider, Shopping Centre Management Insider and Commercial Tenant’s Lease Insider. He is named

as one of Canada’s most frequently recommended property leasing lawyers by The Canadian Legal Lexpert® Directory and listed in the Lexpert® / American Lawyer Guide to the Leading 500 Lawyers in Canada. He was admitted to the Ontario Bar in 1968.

STEPHEN J. MESSINGER

STEPHEN POSEN

Stephen is Senior Partner and Chair of the Commercial Leasing Group of Minden Gross LLP. He has extensive in all aspects of commercial leasing involving office, retail, industrial, and other commercial properties including commercial leasing alternative dispute resolution. He acts for leading national

and international retailers, developers, landlords and tenants. Stephen is actively engaged in ICSC ans is a frequent lecturer, panelist and moderator of continuing legal education programs. He is co-editor and contributor to numerous leasing publications and participates in a number of commercial lease-related arbitrations, both as counsel and arbitrator. He serves frequently as an expert witness in commercial leasing matters. Stephen is named as one of Canada’s most frequently recommended property leasing lawyers by the Canadian Legal Lexpert Directory and he is listed in the Lexpert® / American Lawyer Guide to the Leading 500 Lawyers in Canada. He is a member of the CBA, LSUC and ICSC. And was admitted to the Ontario Bar in 1965.

MICHAEL S. HOROWITZ

Michael is a Partner with the Commercial Leasing Group of the law firm of Minden Gross LLP in Toronto. Michael’s practice focuses primarily on commercial leasing transactions, including drafting and negotiating retail, office and industrial leases and ancillary documentation. Michael is a longstanding

member of the Planning Committee for the annual ICSC Canadian Law Conference in Toronto, Ontario and served as Co-Chair in 2008 and 2009. Michael has also participated as a Panelist, Moderator and Round-Table Leader for the ICSC Canadian Law Conference and as a panelist at the Law Society of Upper Canada’s Six Minute Commercial Leasing Law programs and Osgoode Hall’s CLE seminar.

Boris is a member of the Commercial Leasing and Commercial Real Estate Groups at Minden Gross LLP. He has extensive experience representing both landlords and tenants in the drafting and negotiation of commercial lease and related documentation for office, retail and industrial lease

transactions, and in the practical resolution of lease disputes. In addition, Boris has extensive experience in the drafting and negotiation of all required documentation for property sale and acquisition, property development and joint venture transactions. Boris has spoken regularly at conferences sponsored by the International Council of Shopping Centers, the Law Society of Upper Canada and other organizations on commercial leasing and real estate topics and has been regularly mentioned in the Big Deals – Real Estate section of LEXPERT Magazine.

BORIS ZAYACHKOWSKI

Benjamin is an Associate in Minden Gross LLP’s Commercial Leasing Group. His practice includes acting for commercial retail, office and industrial landlords and tenants on a variety of leasing matters including drafting and negotiating retail, office and industrial leases and ancillary documentation.

Benjamin’s skill in negotiation and dispute resolution is invaluable in helping clients maneuver through complex leasing transactions and negotiating the legal and business issues at hand. Clients appreciate his ability to target the issue at hand, while not losing sight of the bigger picture.

BENJAMIN T. RADCLIFFE

Carly is an associate in the Commercial Leasing Group. She acts for commercial landlords and tenants, developers, property managers, franchisors and franchisees. Her practice focuses on a variety of commercial leasing transactions, including drafting and negotiating office and retail leases and related ancillary documentation.

CARLY CARUSO

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ACCREDITATIONLAW SOCIETY OF BRITISH COLUMBIAThis program has been accredited by the Law Society of British Columbia for 4.25 hours towards the professional development requirement for certification.

LAW SOCIETY OF ALBERTAFor Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

LAW SOCIETY OF UPPER CANADA (CPD)This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement. Total hours 4.25

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