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peter murphy headshotIn the final instalment of a two-part series, Toronto business lawyer Peter Murphy discusses the unique issues facing landlords of cannabis stores.

Landlords should seek legal advice when negotiating leases with prospective cannabis retailers, Toronto business lawyer Peter Murphy tells AdvocateDaily.com

Murphy, partner with Shibley Righton LLP, explains that prospective cannabis retailers in Ontario are rushing to secure leases long before they are licensed due to the timing of the provincial government’s framework for selling the drug in shops across the province.

“We’re in a new gold rush,” Murphy says, adding the Cannabis Licence Act (CLA) opened up opportunities for a multitude of players in the bricks-and-mortar retail market after Premier Doug Ford's new administration abandoned the former Liberal government’s plans for a provincial monopoly over recreational cannabis sales.

“Prospective cannabis retailers want to secure leases to lock up the best locations in Ontario now so that they’re in a good position when retail licensing begins,” he says.

However, Murphy says landlords are at risk of leasing their space to a prospective cannabis retailer who might not have a viable business by the time the market finally starts in 2019.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-11-26
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John Devellis HeadshotAs the first few cases trickle out of the new Condominium Authority Tribunal (CAT), Toronto condominium lawyer John De Vellis says the decisions released so far largely follow existing case law.

“Many of the cases are following the same jurisprudence,” says De Vellis, a partner with Shibley Righton LLP. “For the most part, none of the tests has changed. It’s just that you have a specialized tribunal handling matters.”

The tribunal was set up as an online-only body, devoted exclusively to condo-related disputes in Ontario. The hope, says De Vellis, is that specialized adjudicators ruling on written submission will allow cases to settle more quickly and inexpensively than going through the courts.

So far, CAT’s jurisdiction extends only as far as record disputes covered by s. 55 of the Condominium Act, but will likely expand as time goes on, he tells AdvocateDaily.com.

The stepped process begins with a $25 access fee that allows the parties to try to settle the issues themselves. The next stage, which costs $50, escalates the matter to mediation before a final adjudication stage by a tribunal member, which costs $125.

Below, De Vellis picks out some of the highlights of the cases decided so far:

Legal invoices case

This decision involved an owner’s request for unredacted copies of the invoices from the condo corporation’s lawyer.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-11-19
Description

peter murphy headshotIn the first instalment of a two-part series, Toronto corporate lawyer Peter Murphy looks at the issues facing cannabis store retailers. 

Prospective cannabis retailers need to proceed carefully as a new gold rush gets underway in the market for bricks-and-mortar sales of the newly legal drug, Toronto corporate lawyer Peter Murphy tells AdvocateDaily.com

Following the federal government’s recent legalization of cannabis for recreational use, the provincial government unveiled its own framework for licensing retailers in the Cannabis Licence Act (CLA).

And Murphy, partner with Shibley Righton LLP, says the province’s private sector model for retail stores has sparked a scramble for the best locations.

“Cannabis retail in Ontario is the new gold rush,” he says. “There’s a huge potential opportunity here, and many new businesses are going to be getting into this.”

While the former Liberal government had planned a provincial monopoly over the retail sales of cannabis, similar to the LCBO, Premier Doug Ford's Tory administration has established a licensing regime for private retailers overseen by the Alcohol and Gaming Commission of Ontario (AGCO).

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-11-19
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