Stephen Posen is the Chair of Minden Gross LLP’s Commercial Leasing Group, providing counsel on all aspects of commercial property leasing involving office, retail, industrial, and other commercial properties. He is an acknowledged leader in the field, advising prominent national and international developers, property and asset managers, and retailers in complex commercial leasing matters and dispute resolution. He acts in commercial lease-related arbitrations and mediations as counsel, arbitrator, and mediator, and serves as an expert witness in commercial leasing matters. He also assists clients with real estate acquisitions and dispositions and other business-related matters. He is an active member of the International Council of Shopping Centers (ICSC) and a frequent speaker at programs for the LSO, CBA, OBA, ICSC, and private organizations. Stephen is recognized as one of Canada’s Most Frequently Recommended Property Leasing lawyers by The Canadian Legal Lexpert® Directory and The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada and is listed in TheBest Lawyers in Canada. Minden Gross LLP is ranked as a Top 10 Ontario Regional Law Firm by Canadian Lawyer. Member of CBA, LSO, and ICSC. Ontario Bar, 1965.
When the government ordered the closure of all non-essential businesses, tenants quickly turned to their leases to see if the pandemic would qualify as force majeure and discharge them from their rent obligations. Hengyun International Investment Commerce Inc. v. 9368-7614 Québec Inc., 2020 QCCS 2251, (“Hengyun”) was one of the first Canadian cases to consider force majeure in the context of COVID-19 government-mandated shutdowns. It sparked hope for tenants that rent relief was possible.