A Commercial Lease is a legally binding contract between a Landlord and a business Tenant. Commercial Leasing Law takes into account the principles of Contract Law (what did the Landlord and Tenant agree to, as determined by their Commercial Lease) and Property Law (what rights do the Landlord and Tenant have concerning the use and ownership of the property in relation to third parties?)

The Commercial Lease gives a Tenant the right to use a certain property for commercial or business purposes, in contrast to residential leases, which allow tenants to reside at the leased premises. Since the relationship between a business Tenant and Landlord can be much more complex than with a residential property, there are many more possible areas for the parties to find themselves in a legal dispute over. Examples such as exclusivity rights, environmental matters, and even restrictions on hours of operation are frequently litigated in commercial leases and are not likely to be a risk that needs to be considered by a residential tenant.

Another substantial difference between a commercial and residential lease in Alberta, is that residential tenants are provided the protection of statute, under the Residential Tenancies Act. There is no similar legislation for commercial tenants in Alberta, and the law allows the Landlord and Tenant much more freedom to dictate the terms of the tenancy by way of contract. As such, it becomes imperative that a Landlord and Tenant seek the assistance of a lawyer when deciding to enter into a Commercial Lease Contract

If you are considering leasing commercial space for your business, or if your landlord or tenant has taken actions that could be a breach of your contractual or property rights, please contact one of our civil litigation lawyers in Edmonton today.

Many professions in Alberta, such as doctors, dentists, lawyers, accountants, engineers, veterinarians and pharmacists, require individuals who wish to provide professional services to the public, to be licensed by a governing body before providing those services. Most of these governing bodies also create their own set of rules and regulations to which that individual must abide by in order to keep their licence to practice. Lastly, the governing body may impose fines, penalties and even revoke licenses in the event the individual does not abide by those rules. Those rules can be fairly complex for many professions, and navigating an administrative tribunal hearing can be as difficult and lengthy as a trial in the Alberta Court system. These tribunals have their own unique set of procedures and rules for how the hearings are held, and how the professional must conduct themselves in their practice, over and above any federal, provincial or municipal law governing the rest of society.

It therefore becomes extremely important for a professional to seek the assistance of a lawyer with experience specifically dealing with these distinct sets of rules, and unique governing bodies, if that professional finds themselves in a dispute related to their profession/business. Please contact one of Forum Law’s Administrative Law lawyers today.