Commercial Real Estate – Property Counsel

Ontario Real Estate Lawyers

We do commercial real estate

Property Counsel acts on commercial purchases and sales, office, retail and industrial leasing, commercial refinancing, mixed-use and commercial condo transactions, and Phase I environmental due diligence. We represent landlords, tenants, investors, and business owners across Ontario.

HST, environmental risk, and decade-long leases — commercial isn’t simple.

How We Help

Commercial real estate services
across Ontario.

Commercial is not residential

Ontario commercial real estate carries different rules, different risks, and different protections

Commercial real estate in Ontario is governed by the Commercial Tenancies Act, the Planning Act, the Environmental Protection Act, and the Excise Tax Act (HST). Unlike residential transactions, most commercial deals are taxable for HST, require environmental due diligence (Phase I and sometimes Phase II), and involve heavily negotiated leases or purchase agreements that bind the parties for years. Legal review before signing is essential.

Commercial Lease Review for Tenants

We review commercial leases before you sign, flagging demolition clauses, relocation rights, personal guarantees, and restoration obligations. We negotiate tenant improvement allowances, free rent, and renewal terms in your favour.

Commercial Lease Drafting for Landlords

We draft commercial leases for office, retail, and industrial landlords, including net, gross, and percentage rent. Default rights, TMI, distress, and assignment provisions are all built to protect your position.

Commercial Property Purchases & Sales

We close on office, retail, industrial, mixed-use, and investment property transactions. Agreement of Purchase and Sale negotiation, due diligence, and Teraview registration end to end.

Commercial Due Diligence

Commercial due diligence covers zoning, permitted use, building condition, existing leases, work orders, and HST treatment. We flag deal-breakers during the conditional period, before you’re committed.

Environmental Site Assessments (Phase I & Phase II)

Phase I and Phase II Environmental Site Assessments manage contamination risk under Ontario’s Environmental Protection Act. We coordinate the assessment, review records of site condition, and advise on liability.

HST on Commercial Real Estate

Most Ontario commercial transactions are taxable for HST at 13 percent. We advise on self-assessment, input tax credits, GST/HST registration, and bare trust structures that protect closing.

Commercial Mortgage Financing & Refinancing

Commercial mortgage financing and refinancing involves assignment of rents, tenant estoppels, corporate resolutions, and personal guarantees. We coordinate with the lender’s commercial team end to end.

Commercial Condo & Mixed-Use Transactions

Commercial condo and mixed-use transactions require status certificate review, shared facilities agreements, and exclusive use analysis. We dig into the corporation’s financials, declaration, and rules before you close.

Lease Renewals, Extensions & Assignments

Lease renewals, extensions, and assignments are leverage points for both sides. We negotiate market rent, draft amending agreements, and handle landlord consent on assignment, sublet, or change of control.

Offers to Lease & Letters of Intent

An offer to lease or letter of intent can bind you to key economic terms before the formal lease is drafted. We review and draft these so the lease that follows matches what you actually agreed.

What You Need to Know

Common questions about commercial real
estate in Ontario.

What does a commercial real estate lawyer do in Ontario?

A commercial real estate lawyer handles the Agreement of Purchase and Sale, due diligence, HST, financing, lease review, and closing for office, retail, industrial, and mixed-use properties.

Do I need a lawyer to sign a commercial lease in Ontario?

Yes, because a commercial lease often binds you for five to ten years under the Commercial Tenancies Act, which offers far less protection than residential law and makes legal review essential before signing.

What should a tenant look for in a commercial lease?

Watch for demolition clauses, relocation rights, exclusive-use limitations, personal guarantees, restoration obligations, and uncapped TMI (taxes, maintenance, insurance) increases.

Is HST payable on commercial real estate in Ontario?

Yes, most Ontario commercial transactions are taxable for HST at 13 percent, though HST-registered buyers can typically self-assess and recover the tax through input tax credits.

What is the difference between a net lease and a gross lease?

In a gross lease the landlord covers operating costs, while in a net lease the tenant pays base rent plus a share of taxes, maintenance, and insurance (TMI) — most Ontario commercial leases are triple-net.

What is a Phase I Environmental Site Assessment?

A Phase I Environmental Site Assessment is a non-intrusive review of a property’s history to identify contamination risk, and a Phase II ESA with soil and groundwater testing follows if concerns are flagged.

What is due diligence on a commercial property purchase?

Commercial due diligence covers title, zoning, permitted use, building condition, environmental risk, existing leases, work orders, taxes, and HST, all completed during the conditional period.

Can I negotiate a commercial lease in Ontario?

Yes, commercial leases are almost always negotiable on rent, free rent, tenant improvement allowances, renewal terms, and personal guarantees.

What is TMI in a commercial lease?

TMI stands for taxes, maintenance, and insurance — the landlord’s operating costs passed through to the tenant in a net lease, typically estimated and reconciled annually.

How much does a commercial real estate lawyer cost in Ontario?

A commercial lease review typically ranges from $1,500 to $3,500 plus HST, while a commercial purchase or sale starts at $3,500 plus disbursements and scales with deal size and complexity.

The Property Counsel Standard

“A commercial deal doesn’t end at signing. The document becomes the operating manual for every dispute, delay, and dollar that follows.”

Real estate law, only

We practise exclusively in real estate. Commercial leasing, HST, environmental risk, and Teraview registration are all in-house.

Negotiation, not just paperwork

Commercial documents are negotiable. We push back on landlord-favoured clauses and protect your business position from day one.

Direct access to your lawyer

Your file is handled by a licensed lawyer from start to finish, not a paralegal or junior clerk.

Transparent on cost

We quote a clear fee for lease review or transaction work before we start. No hourly surprises.

Signing a commercial deal?
Talk to us first.

Book a Consultation

Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.