At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Aida Nabavi

Associate

Toronto

PROFILE

Aida is an associate in our commercial real estate group, where she is developing a broad commercial real estate practice with a focus on commercial leasing.

Aida completed her J.D., at Osgoode Hall Law School.  Prior to attending law school, she received her B.Sc degree from York University in Kinesiology.

Aida has a passion for advocacy and has worked at the Human Rights Legal Support Centre where she helped hundreds of clients facing discrimination in Ontario. Aida was also a mentor to first year Osgoode students and a member of Pro Bono Students Canada to help with access to justice initiatives for many clients in her community.

In addition to her passion for the law, Aida has committed herself to serving her community. For many years, she has been actively volunteering with many organizations, such as Circle of Care and North York Harvest Food Bank. As an appreciation for her dedication and commitment, she was nominated for the Ontario Volunteer Service Award and featured as the volunteer of the month in the Circle of Care provincial newsletter.

In her free time, Aida enjoys running while listening to podcasts.

Publications

MARCH 08 2022

Women in Real Estate

In honour of International Women’s Day, this issue focuses on women in real estate. Over the past two years, the real estate industry has seen a transformation in how and where we live, work and shop. In this issue we had the pleasure of profiling Shirley Bai and Amanda Carew, both are partners in our commercial real estate group. It was a great opportunity to get to know some of the faces of Foglers better and learn about their practice. We also had the opportunity to interview Jennifer Suess, Senior Vice President, General Counsel & Corporate Secretary at RioCan, Paula Gasparro, Vice President Real Estate Finance at CMLS Financial, and Marnie Taylor, Commercial Real Estate Counsel at Skyline Asset Management Inc. In our conversations with these women, they shared their perspective on leadership, the transformative changes in the real estate sector and what they each foresee as the ‘new normal’ as we enter 2022.

Articles in this issue:

  • Don’t be Afraid to Take a Chance on Yourself: A Conversation with Jennifer Suess
  • Leading By Example: A Q&A with Paula Gasparro and Marnie Taylor
  • Helping Clients Stay One-Step Ahead: A Profile on Shirley Bai, Partner Commercial Real Estate
  • Bringing Maritime Charm to Bay Street: A Profile on Amanda Carew, Partner Commercial Real Estate
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MARCH 03 2022

The Law Surrounding Estoppel Certificates

Commercial tenants are often expected to deliver signed estoppel certificates, status statements or tenant acknowledgements in connection with purchase, sale or financing transactions involving leased property. It is also fairly common for tenants to request an estoppel certificate or estoppel language from a landlord when negotiating the transfer of their leasehold interest under a lease. Stemming from the principle of promissory estoppel, estoppel certificates are intended to "estop" a party who signs the certificate from thereafter asserting a fact inconsistent with what is set out in the certificate.

Should a signatory attempt to make a claim based on facts contrary to what was stated in an estoppel certificate, the addressee of the certificate may argue that it detrimentally relied on the statements in the certificate and seek to estop the signatory from enforcing the rights on which the claim is based.

This paper will, by examining relevant case law: (i) provide an overview of the law surrounding estoppel certificates and illustrate how Courts have dealt with discrepancies between leases and estoppel certificates; (ii) consider how and if estoppel certificates bind landlord/purchasers; (iii) explore how an estoppel certificate should be used by a purchaser of a property; and (iv) consider the interplay between the duty of good faith in contracts and estoppel certificates.

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JANUARY 07 2022

A Regular Phone Call Can Make a World of Difference for Isolated Individuals

As we enter 2022, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others has not been interrupted by the pandemic.

It is common for many of us, especially older adults, to feel isolated and lonely. The COVID-19 pandemic has only made this isolation worse. Through Circle of Care's Phone Pal program, volunteers provide companionship and social contact to older adults through weekly phone calls. As a volunteer with the program, Aida Nabavi and her Pal, an elderly gentleman, communicate a couple of time a week – and sometimes every day. As his Pal, Aida's role is to check in with him on a regular basis to see if he has everything he needs including groceries and medication, and most of all to be his friend. Aida has been volunteering with Circle of Care since 2015 and is a champion of the Phone Pals program as she wholeheartedly aims to address her Pal's isolation and seeks to find ways to improve the overall qualify of his life.

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DECEMBER 20 2021

Canada Emergency Rent Subsidy Holiday Update

This article will address two pressing questions that commercial landlords and tenants in Ontario have about the implications of the expiry of the CERS program on their respective businesses:

1) Moving forward, will there be alternative rent subsidy programs available to commercial landlords or tenants who are struggling due to the impacts of the COVID-19 pandemic?

2)How will the expiry of the CERS program affect Ontario's moratorium on commercial distraint proceedings and landlords' rights of re-entry?

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NOVEMBER 12 2020

Come See The Many Sides of "CERS": New Targeted Government Support Program to Help Businesses Through the Pandemic

On November 2, 2020, the Government of Canada introduced Bill C-9, which sets out details of the new rent support program called the Canada Emergency Rent Subsidy ("CERS"), which was previously announced on October 9, 2020. Bill C-9 would serve to amend the Income Tax Act (Canada). As of the date of this article, the legislation has yet to receive royal assent and remains subject to change.

The new rent subsidy provides support to qualifying businesses, charities, and non-profits that have suffered a revenue drop as a result of the COVID-19 pandemic. CERS effectively replaces the Canada Emergency Commercial Rent Assistance ("CECRA") program and provides more flexibility and accessibility to both commercial tenants and property owners.

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Education:

  • Called to the Ontario Bar, 2021
  • J.D., Osgoode Hall Law Schoool, 2020
  • B.Sc, York University, 2016
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