At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Alex Kolandjian

Partner

PROFILE

Alex is a Partner in the Commercial Real Estate group. He acts for landlords, tenants, REITs, First Nations, developers, franchisors, franchisees, lenders and property managers in respect of industrial, commercial, retail, renewable energy, residential, restaurant, cannabis and office leases.  

Alex also acts for clients on a number of corporate/commercial matters, including advising on, drafting and negotiating various commercial contracts. 

 

Publications

MARCH 03 2022

The Six-Minute Commercial Leasing Lawyer, 2022

Alex Kolandjian will be speaking at the The Six-Minute Commercial Leasing Lawyer program being hosted by the Law Society of Ontario on March 3, 2022. He will be presenting on the topic of the Law Surrounding Estoppel Certificates

Having adapted to the challenges of the last two years, commercial landlords and tenants are faced with the question: what do we do now? In short, pointed, and relevant sessions, this program’s six-minute format delivers analysis of and suggested approaches to the new challenges ahead including: changes to the lease post-COVID, end-of-term removal and restoration obligations, and data privacy issues relating to commercial leases.

  • Learn about insolvency and the obligation to pay rent during COVID shutdown periods 
  • Gain insight into end-of-term removal and restoration obligations 
  • Understand sales-based termination rights

For more information and to register, click here.

MARCH 03 2022

The Law Surrounding Estoppel Certificates

Commercial tenants are often expected to deliver signed estoppel certificates, status statements or tenant acknowledgements in connection with purchase, sale or financing transactions involving leased property. It is also fairly common for tenants to request an estoppel certificate or estoppel language from a landlord when negotiating the transfer of their leasehold interest under a lease. Stemming from the principle of promissory estoppel, estoppel certificates are intended to "estop" a party who signs the certificate from thereafter asserting a fact inconsistent with what is set out in the certificate.

Should a signatory attempt to make a claim based on facts contrary to what was stated in an estoppel certificate, the addressee of the certificate may argue that it detrimentally relied on the statements in the certificate and seek to estop the signatory from enforcing the rights on which the claim is based.

This paper will, by examining relevant case law: (i) provide an overview of the law surrounding estoppel certificates and illustrate how Courts have dealt with discrepancies between leases and estoppel certificates; (ii) consider how and if estoppel certificates bind landlord/purchasers; (iii) explore how an estoppel certificate should be used by a purchaser of a property; and (iv) consider the interplay between the duty of good faith in contracts and estoppel certificates.

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DECEMBER 22 2021

Playing a Supporting Role: Giving Back to the Arts

As we come to the close of an unforgettable year, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others was not interrupted by the pandemic. 

Alex Kolandjian is a Partner in our Real Estate practice who volunteers his time behind the scenes at the Pomegranate Film Festival as part the organizing committee – a group of young Armenian professionals bound by a passion for film and culture. The Pomegranate Film Festival, established in 2006 stems from the Toronto Chapter of the Hamazkayin Armenian Educational and Cultural Society. Now in its 15th year, the Pomegranate Film Festival is a unique community event celebrating Armenian inspired films

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DECEMBER 20 2021

Canada Emergency Rent Subsidy Holiday Update

This article will address two pressing questions that commercial landlords and tenants in Ontario have about the implications of the expiry of the CERS program on their respective businesses:

1) Moving forward, will there be alternative rent subsidy programs available to commercial landlords or tenants who are struggling due to the impacts of the COVID-19 pandemic?

2)How will the expiry of the CERS program affect Ontario's moratorium on commercial distraint proceedings and landlords' rights of re-entry?

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JULY 13 2021

Extension of the Canada Emergency Rent Subsidy and Related Moratorium

A summary of CERS and the current moratorium is contained in the attached article.

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MARCH 21 2021

Six-Minute Commercial Leasing Lawyer: Force Majeure and COVID-19 (Durham Barns case)

In the Durham Sports Barn Inc. Bankruptcy Proposal, an Ontario court considered for the first time the application of a force majeure clause (and to a lesser extent, a quiet enjoyment clause) in a commercial lease in the context of the COVID-19 pandemic. 


Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .

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JANUARY 19 2021

Weekday Update: Moratoriums on Evictions and Distraint Proceedings Against Commercial Tenants

In a bid to assist commercial tenants, there are currently two moratoria in place on the exercise of eviction and distress rights against commercial tenants, one which relates to the now defunct Canada Emergency Commercial Rent Assistance ("CECRA") program and the other which is tied to the Canada Emergency Rent Subsidy ("CERS") program.

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NOVEMBER 12 2020

Come See The Many Sides of "CERS": New Targeted Government Support Program to Help Businesses Through the Pandemic

On November 2, 2020, the Government of Canada introduced Bill C-9, which sets out details of the new rent support program called the Canada Emergency Rent Subsidy ("CERS"), which was previously announced on October 9, 2020. Bill C-9 would serve to amend the Income Tax Act (Canada). As of the date of this article, the legislation has yet to receive royal assent and remains subject to change.

The new rent subsidy provides support to qualifying businesses, charities, and non-profits that have suffered a revenue drop as a result of the COVID-19 pandemic. CERS effectively replaces the Canada Emergency Commercial Rent Assistance ("CECRA") program and provides more flexibility and accessibility to both commercial tenants and property owners.

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MAY 20 2020

Canada Emergency Commercial Rent Assistance Update: Relief is Almost Here, But Will Everyone Play Ball?

APRIL 28 2020

Canada Emergency Commercial Rent Assistance: Relief Is On The Way, But The Devil May Be In The Details

While tenants attempt to negotiate relief from their lease obligations, landlords are concerned with the absence of relief from mortgage or realty tax payments, creating a clear tug-of-war between these parties during an increasingly difficult time.

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FEBRUARY 13 2020

Six-Minute Commercial Leasing Lawyer: I Can’t Hear Myself Think! (Part 2)

I Can’t Hear Myself Think! (Part 2): My Landlord is Undergoing Renovation/Construction:
What are Potential Tenant Rights and Remedies?

Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .

 

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MARCH 19 2019

Speaker: ICSC Legal Conference

Alex Kolandjian led a roundtable discussion at the ICSC Legal Conference.

JUNE 26 2018

New Developments in Real Estate Law

Join Joel Farber, Alex Kolandjian, Kenneth Movat and David Thiel for a discussion on recent developments in real estate law and how they may affect your business. Topics to be covered include:

  • An update on the OMB and planning reform changes. Bill 139 fundamentally changes the planning appeal system in Ontario. Learn about the new rules, requirements and restrictions that will affect your planning applications and the approvals process.
  • An analysis of Ontario’s new standard form of residential lease. Learn about who has to use the new form, when it has to be used and some of the key concepts contained within.
  • Ontario’s Construction Lien Act is on the verge of being replaced with the new Construction Act. Hear about the significant changes to lien procedures, prompt payment legislation and adjudication. The first round of changes will take effect July 1, 2018 and the second round will come into effect 15 months later on October 1, 2019. Don’t be caught off guard.
  • The Condominium Act, 1998 and its regulations continue to go through a number of changes. Learn about the most significant changes to date, how condominiums and property managers are dealing with the practical effects, and what changes are anticipated going forward.

 

 

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MAY 09 2018

Ontario’s Standard Form of Residential Lease

As of April 30, 2018, residential tenancies in Ontario that are subject to the Residential Tenancies Act, 2006 (i.e., most apartment, condominium, house and secondary unit tenancies, among others), must use a new standard form of residential lease...

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APRIL 30 2018

Speaker: ICSC Legal Conference

Alex Kolandjian and Josh Freeman led a roundtable at the Annual ICSC Legal Conference on the topic of Accepting Partial Payment by a Tenant on a Default. Steven Cygelfarb also led a roundtable “Tenant Checklist: Top Ten Items to Review in the Landlord’s Form of Offer”.

 

Memberships

  • Law Society of Ontario
  • Canadian Bar Association
  • International Council of Shopping Centers
  • Armenian Bar Association

Education

  • Admitted to Ontario Bar, 2008
  • Osgoode Hall Law School, J.D., 2007
  • York University, B.A., 2004
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