In my first post about Cannabis CPD I looked at Personal Rights/Responsibilities and Employment Law. Today we’re focusing on the Corporate & IP perspective, along with Real Estate Tenancies & Solicitors. I hope you find it useful!
Cannabis affects landlords too. Solicitors may be interested in the following advice provided by Matthew Wilson:
For new tenancies: (1) consider adding a "no smoking cannabis" provision to the standard form tenancy agreement in addition to "no smoking of tobacco" or keep the term general such as "no smoking"; and (2) consider adding "no growing or cultivation of cannabis plants" to tenancy agreements.
For existing tenancies: (1) make the above changes to the existing tenancy agreement with the consent of the tenants as any unilateral changes may be unenforceable.
For condo corporations: (1) consider adding or amending its declaration regarding cannabis as it doesn’t have to meet the "reasonableness" requirement; or (2) consider adding or amending its by-laws regarding smoking and cultivation.
Keep in mind existing legislation such as the Residential Tenancies Act and the Human Rights Code.
There is limited case law on www.CanLii.org which reports decisions from the Landlord & Tenant board in Ontario.
Over time, there will be more case law, and administrative decisions on cannabis so that you can provide up-to-date advice to your clients.
Having watched the video and considered the case, what do you think? Feel free to contact me and let me know your opinion.
At CPDonline we serve your learning needs. Is there a topic you would like to learn more about? Please contact me and if we have your topic in our library, I will send you a direct link. If not, we’ll add it to our training wishlist.
*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.