Commercial Landlord Response to Tenant Bankruptcy, Proposals and CCAA Proceedings in Alberta

1. Escalate the exact event before taking a lease remedy

Send every notice of intention, proposal, assignment in bankruptcy, initial order, stay, monitor or trustee communication and court document to qualified insolvency counsel immediately. Record receipt date, method, file number and the entity named.

The BIA proposal stay, CCAA orders and statutory restrictions are fact-specific. Do not terminate, distrain, seize, draw security, change locks, interrupt services or communicate a deadline from a generic checklist.

• Debtor entity
• Proceeding
• Court or OSB file
• Order and stay
• Lease
• Counsel deadline
• Property action

2. Match the debtor to the complete tenancy structure

Reconcile the legal tenant, operating name, guarantors, indemnifiers, assignees, subtenants, franchise or banner entities and related occupants with the lease and corporate records. Search OSB and CCAA records using exact and former names, then confirm possible matches against official files.

An operating brand, locked premises, late payment or news report does not prove which entity filed or which lease is affected. Related corporations can have different proceedings and obligations.

3. Build one proceeding chronology

Index the notice of intention, proposal, bankruptcy, initial and amended court orders, monitor or trustee reports, creditor notices, claims process, sale process, disclaimer notices and court dates. Use the monitor's or trustee's current materials and counsel's instructions rather than secondary summaries.

The OSB directs stakeholders in a CCAA matter to the monitor and its website for current proceeding information. Registry presence is not a substitute for reviewing the operative order and later amendments.

4. Freeze the lease and account record

Preserve every executed lease document, assignment, consent, guarantee, security instrument, notice and communication. Reconcile base rent, additional rent, tax, utilities, work, deposits, credits and payments by invoice and period.

Separate pre-filing, post-filing and disputed amounts for counsel and accounting review. Do not combine arrears, accelerated rent, restoration, indemnity and future-rent estimates into one brokerage claim.

5. Treat disclaimer or resiliation notices as legal deadlines

The BIA and CCAA contain different provisions addressing disclaimer or resiliation. The current BIA text describes a commercial-lease process in a proposal context; the CCAA and its regulations address agreement disclaimer, prescribed notice and court review.

Do not calculate or waive a deadline from this guide. Counsel must determine whether a notice is effective, which period applies, whether an application is available and how any resulting claim should be proven.

6. Inventory security without assuming it can be used

Schedule cash, prepaid rent, letters of credit, guarantees, indemnities, security registrations and other support by original document, issuer, beneficiary, amount, expiry, custody and prior draw. Search Personal Property Registry records where counsel directs.

Possession of a deposit, guarantee or letter of credit does not establish the timing, amount or right to apply it. Do not amend, draw, set off, release or transfer security without proceeding-specific advice.

7. Protect the premises and third-party property

Maintain lawful access, safety, fire protection, utilities, insurance, temperature, security and environmental controls. Photograph and inventory equipment, inventory, records, hazardous materials, waste and personal property without moving or using them unless authorized.

Property located in the premises may belong to the tenant, lessors, secured creditors, customers or others. Lease fixture language and physical attachment do not replace counsel's ownership and priority analysis.

8. Prepare continuity, surrender and vacancy scenarios

Model continued operation, assignment or transaction, orderly surrender, abrupt closure and prolonged occupation separately. For each, state access, rent, utilities, insurance, staffing, environmental, restoration, signage, permits, downtime and communications assumptions.

A monitor-led sale process or prospective purchaser does not guarantee lease continuation, cure, assignment, possession date or covenant. Keep proceeding outcomes as scenarios until operative evidence exists.

9. Build the re-leasing and lender record early

Update current NOI, vacancy exposure, recoveries, carrying cost, security, repair, decommissioning, environmental work, tenant improvements, commission, free rent and downtime. Give lenders, insurers and appraisers verified facts with scenario labels.

Potential insolvency claims, security recoveries and prospective replacement rent are not cash available today. Do not present pre-filing NOI as current stabilized performance after the tenant's operating status changes.

10. Maintain one counsel-led decision register

Track every legal deadline, property task, evidence item, responsible professional, communication approval and completion record. Separate privileged legal advice from shareable property and transaction evidence.

Commercially can organize premises evidence, market replacement space, qualify prospects and coordinate a future sale or lease. It does not advise on stays, disclaimers, remedies, proofs of claim, security, possession, property ownership or court process and does not provide legal, insolvency or accounting services.