THE SIX-MINUTE Commercial Leasing Lawyer 2017

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1 THE SIX-MINUTE Commercial Leasing Lawyer 2017 Biographical Summary of Speakers (In Alphabetical Order) February 22, 2017

2 Macdonald Mac Allen is a litigator at WeirFoulds LLP. Mac s practice focuses on a variety of corporate and commercial litigation matters with an emphasis on contracts, commercial leasing, construction law, and troubled real estate transactions. Mac provides clients with no-nonsense, direct advice in order to solve problems in an efficient manner allowing clients to get back to business. Mac regularly advises landlords, tenants, and subtenants on issues of lease interpretation, rights and remedies under the lease (or sublease as the case may be) and at common law. In circumstances where litigation is unavoidable Mac is prepared to fight to win, or take a less aggressive approach depending on the individual client and case.

3 Mervyn Allen Partner, Commercial Real Estate Group McMillan LLP Brookfield Place, 181 Bay Street, Suite 4400 Toronto, Ontario, M5J 2T3 Direct Phone: Direct Fax: Background Mervyn Allen is Counsel in the Real Estate department of McMillan LLP. Merv has practiced in the area of commercial real estate for more than 10 years, acting on real property acquisitions and divestitures and commercial leasing transactions. He has significant experience in retail, office and industrial leasing, and has represented both landlords and tenants in sectors as varied as telecom, energy and food services. Practice Specializes in commercial real estate, with particular emphasis on all aspects of commercial leasing. Has significant experience in retail, office and industrial leasing, and has represented both landlords and tenants. Prior to joining McMillan, Merv worked as in-house legal counsel to one of the world's largest quick service restaurant brands, to an international developer, owner and manager of commercial real estate, and to one of Canada's largest grocery retailers. Professional Activities Has presented at continuing education and professional seminars sponsored by the International Council of Shopping Centers, Informa Canada (RealLeasing) and others. Taught securities law in Osgoode Hall Law Schools Continuing Education programme "From IP to IPO". Vancouver Calgary Toronto Ottawa Montréal Hong Kong mcmillan.ca Error! Unknown document property name.

4 Yael Bogler, Owens Wright LLP Tel: (416) Yael is a partner in the Commercial Leasing and Real Estate Law practice groups at Owens Wright LLP. She specializes in a broad range of commercial leasing matters, acting for both landlords and tenants and has extensive experience in drafting and negotiating commercial leases and all related documentation for office, mixed-use, retail and industrial properties. Yael s practice also involves general real estate acquisitions and dispositions, secured lending and commercial law. In her practice, Yael works on behalf of individuals, public and private corporations, financial institutions and developers. Yael was admitted to the Ontario Bar in She graduated with a Juris Doctor degree from the University of Toronto in Prior to law school, Yael received her Bachelor of Arts from the University of Western Ontario in 2005, majoring in Psychology.

5 Bram Costin Lawyer Profile TITLE Partner OFFICE Toronto DIRECT LINE LAW SCHOOL University of Toronto, JD, 1980 BAR ADMISSIONS Ontario, 1982 Biography Mr. Costin is a partner in our Real Property & Planning Group in Toronto. His practice covers a full range of transactions, including leasing, acquisitions, development and financing. Mr. Costin acts for both large and small developers, as well as Costco Canada and several large financial institutions. His practice also includes insolvency and realization work related to real property. Mr. Costin has spoken at sessions of the International Council of Shopping Centres and has participated in seminars for the Law Society of Upper Canada, The Canadian Bar Association, Insight, Federated Press and The Institute for International Research dealing with commercial leasing, conveyancing and receivership. He is a member of the Board of Regents of the American College of Mortgage Attorneys. He is a contributor to the Second Edition of Shopping Centre Leases (2008). He is also a member of the Advisory Board of the Georgetown Law School Advanced Commercial Leasing Institute. Mr. Costin appears in all editions of Lexpert/The American Lawyer Guide to the Leading 500 Lawyers in Canada, in the area of property development. He also appears in the current edition of The Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the areas of project finance, property development and property leasing. He is listed as a leading lawyer in real estate in Who's Who Legal: Canada, and is listed as a leading real estate lawyer in The Legal Canada. Mr. Costin is recognized in both of the current editions of Chambers Global: The World s Leading Lawyers and Chambers Canada, in the area of real estate law. He is also listed in the current edition of Best Lawyers in Canada, in the areas of real estate law and commercial leasing law and was named the Best Lawyers 2011 Toronto Real Estate Lawyer of the Year and 2016 Toronto Commercial Leasing Lawyer of the Year. McCarthy Tétrault LLP mccarthy.ca

6 CLE Biographical Summary Steven A. Cygelfarb Partner Fogler, Rubinoff LLP Lawyers 77 King Street West Suite 3000, P.O. Box 95 TD Centre Toronto, Ontario M5K 1G8 Direct Dial: (416) Web: Steven is a partner in the Real Estate group. He practices exclusively in the area of commercial leasing; acts for landlords, tenants, developers, lenders and property managers in respect of industrial, commercial and office leases; has been a guest lecturer for the Law Society of Upper Canada, The Canadian Bar Association, The Institute for International Research, The International Council of Shopping Centres and CIPREC; received LLB from Osgoode Hall Law School in 1981 and was called to the Ontario Bar in He is listed in LEXPERT The Canadian Legal Directory in the "Repeatedly Recommended" category for leading Toronto practitioners in the Property Leasing section, in the LEXPERT Guide to the Leading 500 Lawyers in Canada and in Woodward White, Inc.'s The Best Lawyers in Canada. K:\SCYGELFA\WpData\Cygelfarb\CLE Biographical Summary.doc

7 Beth Earon Associate, Toronto Blake, Cassels & Graydon LLP Direct Facsimile Beth's practice encompasses a wide range of commercial real estate matters, including leasing, purchase and sale transactions, and financings. She regularly acts for a broad range of domestic and international clients, including pension funds, lenders, institutional investors, landlords and tenants. Beth has a particular interest in leasing and has acted for both landlords and tenants on a range of matters, including sale/leasebacks, lease financings and negotiations of leases for office, industrial and retail properties, lease amending agreements and sublease and assignment agreements. Select Experience Some recent transactions that are representative of Beth's practice include acting for: MaRS Discovery District on a range of leasing matters for its Toronto MaRS Centre Development, including lease negotiations and renewals Morguard Investments on lease amending agreements relating to tenant conversions EmTwo Properties on a range of leasing matters including early surrenders, renewals and assignments Acting for landlords and tenants in the drafting and negotiation of leases for office, industrial and retail space, lease amending agreements and subleases Bentall Kennedy, on behalf of its Prime Canadian Property Fund and other Canadian pension fund clients, on the acquisition from The Erin Mills Development Corporation of a portfolio of 19 multitenant industrial properties located along Highways 401 and 403 in Mississauga, Ontario Sun Life Assurance Company, in connection with real property financings, including first mortgage acquisition financing TransGlobe Apartment Real Estate Investment Trust in the acquisition and financing of 57 properties as part of a management internalization transaction, and its subsequent privatization Acting for Ontario Pension Board in its C$370-million purchase of Erin Mills Town Centre regional shopping centre, Mississauga Publications Co-author: Offers to Lease in Canada: Be Sure to Speak Up Early 2014 ICSC Canadian Shopping Centre Conference, Toronto, ON March 28,

8 Professional Appearances Co-speaker: Lending in Commercial Real Estate Realpac Real Property Investment Certificate Program, Toronto, ON October 26-27, 2016 Co-speaker: Commercial Leases - What You Don t Know May Hurt You May 18, 2016 Speaker: Tenant Strategies From Negotiating Surrenders to Bankruptcy and the Midnight Move 2016 ICSC Canadian Shopping Centre Conference, Breakfast Roundtables, Toronto, ON April 21, 2016 Co-speaker: Managing the Legal Aspects of Real Estate Lending Realpac Real Estate Lending Course, Intercontinental Toronto Centre, Toronto, ON November 23-24, 2015 Speaker: Offers to Lease in Canada: Be Sure to Speak Up Early! 2014 ICSC Canadian Shopping Centre Conference, Toronto, ON March 28, 2014 Education Admitted to the Ontario Bar J.D., Osgoode Hall Law School B.A. (International Relations), University of Toronto

9 Faruk Gafic is a partner at Aird & Berlis LLP, focusing on all aspects of commercial leasing and advising major landlords and tenants in office, industrial and retail contexts.

10 Jordan Hill is Director of Legal Services with The Cadillac Fairview Corporation Limited. Jordan works with a team providing legal services to the Ontario retail portfolio, focusing on commercial leasing and the development, management and operation of shopping centres. Prior to joining Cadillac Fairview, Jordan was an associate with the real estate group at a large full-service law firm, acting for both landlords and tenants in the negotiation of leases for retail, office and industrial space. Jordan has presented on the subject of commercial leasing at seminars held by the Law Society of Upper Canada and the International Council of Shopping Centers.

11 Celia C. Hitch Director, Retail Legal Services Oxford Properties Group Celia C. Hitch is Director, Retail Legal Services for Oxford Properties Group, a Canadian real estate developer and owner, which owns and manages over $30 billion of real estate assets in Canada, the United States and Europe. In her role there, she practises extensively in the area of commercial leasing, as well as working on development projects and handling operational issues. She was called to the Bar of Ontario in 1985 and has over 25 years of in-house experience with various owners and developers of retail, office and industrial buildings, including Cadillac Fairview and O&Y Properties. Prior to joining Oxford, she was counsel to Lang Michener LLP. She currently sits on the Advisory Board of the Advanced Commercial Leasing Institute, an invitation-only program run by Georgetown Law School for lawyers who have been practising in this area for more than 10 years. She is a past co-chair of the ICSC Canadian Law Conference. As well, she is a past co-chair of the RealLeasing Conference. She presents regularly at conferences run by the Law Society of Upper Canada, the ICSC and private conference providers. She authored two chapters of the 2 nd edition of Shopping Centre Leases, edited by Harvey Haber. As an active volunteer in both the legal and non-legal communities, she is a Past President and life member of the Women s Law Association of Ontario and a former member of the Board of Governors of Havergal College, an independent girls school located in Toronto, where she also chaired the Governance Committee.

12 David C. Holmes - Biography David Holmes is Director of Legal Affairs at First Capital Realty Inc. in Toronto. After completing his articles at Gowlings in 2002, David relocated to the United Kingdom where he practiced as a real estate solicitor until 2005, when he returned to Toronto. After a stint in the Legal Department of Siemens Canada Limited, David worked as a real estate associate, and then partner, at Miller Thomson LLP for five years. David has been with First Capital since David s practice is concentrated around all aspects of commercial real estate, including commercial leasing, the acquisition and disposition of commercial property, as well as development, planning, financing, and operational matters relating to First Capital s portfolio within Ontario. Education: York University, BA, 1999 Osgoode Hall Law School, York University, 2000 Bar Admission Ontario, 2003 Bar Admission England and Wales, 2004

13 Sonja K. Homenuck Partner LL.B.; B.A. (with distinction) Direct: Overview Sonja is a partner in the Commercial Real Estate Group of Dentons with an emphasis on commercial leasing, commercial acquisitions and dispositions and financing. She is the Department Manager of the Commercial Real Estate Group and the National Co-Lead of the Hotel and Leisure industry group. Sonja s practice includes transactional commercial real estate in all respects. As well, Sonja has specialized experience in the area of commercial leasing including office, industrial and retail leasing, design build and ground leasing and leasing for special uses. Sonja was named as a finalist for the Lexpert Rising Stars 2012 awards competition (Top 40 under 40) and a "Corporate Lawyer to Watch" in Lexpert's 2013 Lexpert/ALM Guide to the Leading 500 Lawyers in Canada. Areas of Expertise Commercial Leasing Real Estate Financial Services _1 NATDOCS

14 CHRISTINA C. KOBI McLean & Kerr LLP Tel: (416) Fax: (416) Christina Kobi is a Partner in the Commercial Leasing Group of McLean & Kerr LLP, which is ranked by Canadian Lawyer magazine as one of Canada s Top Five Commercial Real Estate Boutiques. Christina has recently been selected by her peers for inclusion in the 11 th Edition of The Best Lawyers in Canada 2017 in the practice area of Commercial Leasing Law, and for years she has been recognized in The Canadian Legal Lexpert Directory as a leading practitioner in Property Leasing. She was the recipient of the 2014 Lexpert ZENITH Award in Property Leasing which recognizes excellence and leadership in setting new standards for the legal profession. She acts as counsel to landlords, tenants, developers, property managers, franchisors and franchisees and tenancy dispute matters. Christina has expertise in sophisticated and volume leasing for major developers, international retail clients and national property managers. Her practice also includes coordinating large-scale due diligence projects on the acquisition of real estate. Christina was co-chair of the ICSC Canadian Shopping Centre Law Conferences in 2010 and 2011 and she served on the Board of Directors of the Toronto Commercial Real Estate Women s Association (Toronto CREW) for a two-year period ending March Currently she is on the leadership of CREW Network Foundation -- the philanthropic arm of CREW Network. She is active as a lecturer and roundtable leader at conferences sponsored by the ICSC, CBA, and LSUC. Admitted to the Ontario Bar in Six-Minute Bio 2017

15 Melissa McBain Partner Daoust Vukovich LLP Melissa is a partner at Daoust Vukovich LLP, a leading commercial leasing and property development boutique law firm. Melissa has dedicated her career to representing commercial landlords and tenants in a variety of commercial leasing matters. She has expertise in managing commercial lease transactions for all types of properties, including office, retail, industrial and mixed-use. Melissa s practice includes the interpretation of commercial leases and the coordination of major projects, including multi-location deals and due diligence on acquisitions. Her practice also includes telecommunications and building services arrangements. Melissa is a member of Toronto CREW (the Toronto Commercial Real Estate Women s Association) as well as an active member of the Greater Toronto NAIOP Programs Committee as well as the Planning Committee for the law conference of the International Council of Shopping Centers (ICSC) and is a past member of the Planning Committee for Toronto s ICSC Next Generation. Phone: (416) mmcbain@dv-law.com DOC:

16 Biography John C. (Jack) Payne Jack is a solicitor in the Real Estate Law group of the City of Toronto s Legal Services Division. In that role, he has carriage of numerous real property transactions, including leases and licences to and from the City, acquisitions, dispositions, easements and various other matters. He has advised City staff on ground leases, office leases and leases to not-for-profit and charitable organizations at below fair market rent. He regularly assists staff on legal and policy matters relating to leases and in the preparation of delegated approval forms and staff reports for Committees and City Council. He provides legal services to staff at various City divisions as well as Exhibition Place. Prior to the City of Toronto, Jack was a Director, Legal Services, at Infrastructure Ontario (formerly Ontario Realty Corporation), managing a team of lawyers and clerks who handled leases, licences, dispositions, acquisitions, easements and other transactions for the provincial government s real property portfolio. Before that, he was a lawyer with the Business Law/Real Estate group at Lang Michener LLP. Jack obtained a Bachelor of Laws at the University of Western Ontario and was called to the Ontario Bar in 1998.

17 Stephen Posen, Minden Gross LLP Senior Partner/Chair of Commercial Leasing Group. Extensive experience in all aspects of commercial leasing including commercial leasing alternative dispute resolution. Acts for leading national and international retailers, developers, landlords and tenants. Actively engaged in ICSC and frequent lecturer, panelist and panel chairperson of Continuing Legal Education programs for Law Society of Upper Canada, Canadian Bar Association, ICSC and private continuing legal education organizations. Coeditor/contributor to Shopping Center Leases, Volumes 1 and 2 and Shopping Centre Leases, Second Edition, Canada Law Book, 2008 and various other leasing publications. Has been recognized by LEXPERT as one of the leading lawyers in Canada in the field of Property Leasing, and the Leading 500 lawyers in Canada. Has participated in a number of commercial lease related arbitrations and mediations and has served frequently as an expert witness in commercial leasing matters. #979413

18 Julie Robbins - Julie is the Director, Legal Services at Morguard. Prior to joining Morguard, Julie was a Partner in the Real Estate Group in Dentons Canada LLP's Toronto office, practicing primarily in the area of commercial leasing working with developers, landlords and tenants to draft and negotiate commercial leases and all related documentation as well as advising on related issues such as default, termination and relief from forfeiture. Julie is a frequent contributor to legal publications on commercial leasing topics. Julie is also a regular presenter at various industry and legal events, including the Ontario Bar Association, the Law Society of Upper Canada and the International Council of Shopping Centers Law Conference. Julie has been recognized by Lexpert ( ) and Best Lawyers ( ) as a leading lawyer in Canada in commercial leasing. Outside of the office, Julie is an avid marathon runner.

19 David Ross Co-Chair, Leasing McMillan LLP Brookfield Place, 181 Bay Street, Suite 4400 Toronto, Ontario, M5J 2T3 Direct Phone: Direct Fax: Background David is partner with the law firm of McMillan LLP and the Co-Chair of McMillan s Commercial Leasing Group. He received his LL.B from Dalhousie University in 1979, joined McMillan in 1983 and has been a partner in the firm s Commercial Real Estate Group since Practice David specializes in commercial real estate, with a particular emphasis on all aspects of commercial leasing. He acts for both landlords and tenants in connection with office, industrial and retail leasing. His clients include large and small landlords and tenants, corporate and individual real estate investors and operators, financial institutions, receivers and trustees. David also practices extensively in the acquisition and disposition of all types of real property and does solicitor s work in the construction law area. Professional Activities David has presented papers and been a panellist at continuing education and professional seminars sponsored by the Ontario Bar Association, the Law Society of Upper Canada, the International Council of Shopping Centers and others, and has been listed as a leading practitioner in Property Leasing in the Canadian Legal Lexpert Directory since He also contributed the chapter titled Acquiring the Property to Construction Law in Canada, LexisNexis, May He is a member of the Canadian Bar Association, the Ontario Bar Association, NAIOP and ICSC. Vancouver Calgary Toronto Ottawa Montréal Hong Kong mcmillan.ca Error! Unknown document property name.

20 William (Bill) Rowlands Co-Chair, Commercial Leasing Group McMillan LLP Brookfield Place, 181 Bay Street, Suite 4400 Toronto, Ontario, M5J 2T3 Direct Phone: Direct Fax: Background Bill is a partner with the law firm of McMillan LLP and the Co-Chair of McMillan s Commercial Leasing Group. Received an LL.B from Queen s University in From his call to the Bar in 1984 Bill practiced with Lang Michener LLP and continued with McMillan LLP after the merger of the practices of the two firms. Practice Specializes in commercial real estate, with particular emphasis on all aspects of commercial leasing. Acts for both landlords and tenants in connection with office, retail and industrial leasing. Clients include property owners and managers, retail chains and users of industrial and office space. Also acts on purchases, sales and financings of commercial real estate. Professional Activities Has presented papers at continuing education and professional seminars sponsored by the Ontario Bar Association, the Law Society of Upper Canada, the International Council of Shopping Centers and others. Co-Chair of the annual Six Minute Commercial Leasing Lawyer program. Principal Editor of O'Brien's Encyclopedia of Forms, Leases Division, a leading Canadian resource for leasing documents. Contributor to Title Insurance, A Guide to Regulation, Coverage and Claims Process in Ontario. Listed in The Canadian Legal Directory LEXPERT and The Best Lawyers in Canada. Vancouver Calgary Toronto Ottawa Montréal Hong Kong mcmillan.ca

21 Laurie Sanderson Gowling WLG (Canada) LLP, Partner With more than 30 years of experience, Laurie is a recognized expert in the area of commercial leasing. Laurie was thrilled to have been named the 2017 Real Estate Law Lawyer of the Year for Ottawa by LExpert and to be nominated by in-house counsel and her peers to be included in the Real Estate Expert Guide as one of the top real estate attorneys in the world. Laurie has also been selected by her peers to be included in 11 th Edition of The Best Lawyers in Canada (for commercial leasing and real estate law) and the Canadian Legal Lexpert Directory, Chambers Canada 2017, Lexpert's 2016 Infrastructure Guide, and the 11 th edition of the Construction and Real Estate Guide. Laurie represents a wide variety of both private and public sector landlords and tenants. She has extensive experience in ground leasing and the design build process. She is also well positioned to give strategic advice in insolvency proceedings. She is a trusted advisor to her clients on issues unique to commercial leasing, including operating cost and realty tax allocations and recovery, the appropriate selection and application of measurement standards to achieve financial objectives, subleasing, best practices for securing covenants given the unique treatment of commercial leases in bankruptcy, risk allocation and insurance matters, repair and restoration obligations, environmental due diligence both before and at the conclusion of the term of the lease, operating covenants, and radius restrictions. Laurie was called to the Ontario Bar in 1986, and received Mediation Training from Harvard Law School in Until March 2013, she was a member of the Executive Committee and Board of Directors of BOMA Ottawa. Laurie is now on the Board of Directors of United Way Ottawa and is an active member of the ICSC.

22 David R. Thompson Partner Direct Fax David Thompson negotiates and completes documentation for lease and real estate development deals. He acts for some of the most significant clients in the field. David has experience in many areas of commercial leasing law, acting for both tenants and landlords. His clients have included well-known national chains in the food service, retail and theatre industries. David has been repeatedly recognized as a Leading Practitioner in Property Leasing in the Canadian Legal Lexpert Directory. He has negotiated and finalized leases, offers, subleases and letter agreements (for land leases, turnkeys and pad deals) for both landlords and tenants. He has extensive experience with joint venture agreements, development agreements, cross easements and all the issues related to the development, sale or acquisition of land. Practice Areas Leasing Real Estate Development Called to the Bar Ontario (1989) Alberta (1995) Education University of Western Ontario LL.B University of Toronto B.Sc Notable Mandates Handles leasing needs for national retailers with locations across Canada. Handles leasing matters for national landlords with centres across Canada. Handles leasing matters regarding warehouse and office leases across Canada. Awards & Recognition Recognized as a leading practitioner in Commercial Leasing Law in the 2017 edition of Best Lawyers in Canada Recognized as a leading practitioner in the 2015 Canadian Legal Lexpert Directory Professional Activities Former Bar Admission course instructor for Legal Writing. Affiliations Canadian Bar Association Ontario Bar Association International Council of Shopping Centres Canadian Corporate Counsel Association

23 Dennis J. Tobin Direct Fax Dennis Tobin is a partner at Blaney McMurtry LLP in Toronto. He combines a unique legal practice in the corporate/commercial law and commercial leasing areas. Clients can rely on Dennis to support every aspect of their leasing strategy. He works effectively with their leasing and business development teams. He has a long history of representing tenants and landlords and his leasing experience extends to all major retail centres in Canada. Many local and international retailers have chosen Dennis to act for them. Dennis is focused on successfully negotiating and drafting retail, commercial and industrial leases, the resolution of leasing issues, and providing support for successful resolution of arbitrations and litigation. See Dennis profile and read some of his articles at

24 Alison Tortorice Senior Director, Legal The Cadillac Fairview Corporation Limited Alison Tortorice holds the position of Senior Director, Legal Services with The Cadillac Fairview Corporation Limited. Alison leads a legal team that provides service to all retail properties in Ontario, with a focus on commercial leasing, shopping centre management and operations, and other general contract matters. Prior to moving in-house, Alison spent several years at a full-service law firm representing both commercial landlords and tenants in retail, office and industrial spaces. Alison has spoken at seminars held by the International Council of Shopping Centers, Law Society of Upper Canada and Osgoode Hall Law School on the topic of commercial leasing. She is also part of the leadership of Toronto Commercial Real Estate Women.

25 Sarah J. Turney Partner, Fasken Martineau DuMoulin LLP Sarah s practice is focused on written and oral advocacy involving a wide range of real property, municipal and environmental matters. Sarah appears before the Assessment Review Board and regularly advises tenants and property owners on taxation and property assessment matters. She advises private businesses, landowners and ratepayer groups on a broad range of regulatory matters including zoning and Building Code infractions, by-law interpretation, sign regulation, property standards, development charges and property assessment and taxation. Sarah also appears before the Ontario Municipal Board and various committees, seeking or opposing development approvals and applications. Sarah s litigation practice is focused on real property disputes including complex easement issues, boundary disputes, adverse possession claims, mortgages, condominiums and postclosing disputes.