August 11, 2022

Owned or Leased: A Charity Lawyer's Guide to Real Property Risk in Ontario

Real property is often a charity's single largest asset and its largest source of unmanaged legal risk, with obligations spanning environmental, tax, zoning, accessibility, and donor-imposed restrictions.

For owned property, key issues include Phase I environmental assessments, trust deed compliance, ONCA land registers, and Ontario Heritage Act and AODA obligations.

For leased premises, charities must scrutinize personal guarantees, net lease costs, renewal mechanics, sublet rights, and the CRA implications of leasehold improvements before signing anything a landlord puts in front of them.

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