In the business world, conflicts are inevitable, whether they involve disputes between business partners, tenants and landlords, or contractual breaches. The ability to act quickly and effectively is crucial to protect the rights at stake and limit harm. This is where two major legal tools come into play: injunctions and the management of commercial leases. This article explores the situations where these tools can be used, their specificities, and why calling on a firm like Azran Avocats can transform a delicate situation into an advantageous solution.
Understanding Injunctions: An Emergency Measure to Protect Your Rights
What is an injunction?
An injunction is a court order issued by a court that compels a party to do, cease, or refrain from doing something. In Quebec law, this measure is defined in article 509 of the Code of Civil Procedure. It is divided into three main categories:
- Interim injunction : A temporary, often emergency, measure to avoid immediate harm. It is limited to an initial period of 10 days, but can be extended.
- Interlocutory injunction : Granted for the duration of litigation to preserve the rights of the parties pending a final decision.
- Permanent injunction : A final order issued after a full trial.
These injunctions are frequently used to prevent acts such as defamatory publication, or to restore clear property rights. Learn more about these measures: Injunction lawyer.
The conditions necessary to obtain an injunction
To obtain an injunction, the applicant must demonstrate three key elements:
- A prima facie case : The case must be serious and legally based.
- Risk of irreparable harm: If the injunction is not granted, the consequences could be serious.
- The balance of disadvantages : The advantages of the injunction must outweigh the inconvenience for the opposing party.
These requirements require solid evidence and clear argumentation
Managing your commercial leases: an essential tool to secure your business
The basics of commercial leases
A commercial lease is a contract that binds a landlord to a tenant for the use of a commercial space. This type of contract is often complex, including clauses relating to the rights and responsibilities of the parties, the duration of the lease, and the terms of payment. Key issues include:
- Legal certainty for the parties.
- The preservation of long-term financial interests .
To ensure advantageous agreements, careful drafting and expert editing are essential. Discover more services on commercial leases.
Legal Services for Landlords and Tenants
Azran Avocats‘ lawyers offer a full range of services to assist parties in all stages of the commercial lease, including:
- Writing and negotiation : In French or English, to avoid misunderstandings.
- Renewal, assignment and transfer : Ensure that each step complies with legal standards.
- Recovery of unpaid rents : With precautionary measures to protect financial interests.
- Dispute resolution : Cancellation of lease, eviction, or reduction of rent for loss of use.
Each situation is analysed to propose a suitable solution, taking into account the specific objectives of the customers.
Management of disputes related to commercial leases
Conflicts can arise at any stage of the life of a lease. Here are some common examples where legal expertise is essential:
- Cancellation of lease and eviction : For non-compliance with contractual clauses.
- Rent reduction : If the premises become unusable.
- Estoppel Certificates : Essential for ensuring transparency in real estate transactions.
