Commercial Real Estate TRANSACTIONS 2017 Biographical Summaries for Program Faculty [In Alphabetical Order]
Brennan Carroll is a partner at Borden Ladner Gervais LLP, practising in the Commercial Real Estate Group at the Toronto Office. Brennan s varied practice includes all aspects of transactional real estate, including agreements of purchase and sale, lending, leasing, development agreements and joint venture arrangements. Brennan has particular expertise in real estate issues impacting the telecommunications industry as a result of acting for one of Canada s largest telecommunications providers for most of his career. Brennan is also committed to pro bono work, including the lease for The Stop Community Food Centre at the Artscape Wychwood Barns, which was instrumental to the redevelopment of former streetcar sheds into one of Toronto s most dynamic neighbourhood hubs.
Jeffrey M. Citron Partner [email protected] Toronto T: +1 416 862 3363 F: +1 416 369 7907 Jeffrey M. Citron is a partner in the firm's Toronto office. He is a member of both the Real Estate Group and the Banking and Financial Services Group and has built a formidable practice and reputation representing developers, builders, land and building owners and lenders in complex real estate projects including residential, subdivision, condominium and various mixed-use real estate projects. RELATED SERVICES Real Estate RELATED SECTORS Financial Services His areas of expertise encompass commercial real estate and the development of residential subdivision lands for which he represents builders and developers in many of their projects and joint venture relationships. He has extensive experience in structuring and implementing co-ownerships, joint ventures and limited partnership structures for the acquisition and development of residential development projects consisting of high-rise and low-rise projects. In addition, Jeffrey has extensive experience in secured financings, including both real property and personal property, as well as in the acquisition, disposition and financing of real estate, and is involved in several syndicated loan transactions. He acts for several commercial lenders in Canada and the U.S. who lend money on various commercial, mixed-use and specialty type assets and continues to regularly advise major Canadian institutions on syndicated, club and bilateral debt financings including construction loans for residential, commercial and industrial projects. Jeffrey has been acting for Canada s largest bank since 1995 serving most of Ontario s top land developers and builders. He also represents life insurance companies, institutions and private lenders in various commercial loan transactions. Jeffrey was named one of Canada s leading practitioners in Real Estate Law by Lexpert and in the 2011 to 2017 editions of Best Lawyers in Canada. LANGUAGES SPOKEN English CREDENTIALS Admissions Ontario, 1988 Recognitions Canadian Legal Lexpert Directory (Property Development), 2015-2016 Best Lawyers in Canada (Sports Law), 2008-2012 (Real Estate Law), 2012-2018 Martindale-Hubbell, Distinguished Peer Review Rated Education DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at www.dlapiper.com. This may qualify as Attorney Advertising requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Copyright 2017 DLA Piper. All rights reserved.
LL.B., University of Ottawa, 1986 B.A. (Honours), York University, 1983 Memberships Member, Building Industry and Land Development Association (BILD) Member, Canadian Bar Association Member, Greater Toronto Homebuilders Association Member, The Law Society of Upper Canada (Ontario) NEWS DLA Piper (Canada) LLP achieves strongest showing to date in Best Lawyers 22 AUG 2017 DLA Piper (Canada) LLP has once again garnered top rankings in Best Lawyers in Canada, with close to one-third of the firm's lawyers ranked across 34 practice areas. Best Lawyers in Canada 2017 recognizes 66 DLA Piper (Canada) LLP lawyers 10 AUG 2016 DLA Piper (Canada) LLP has once again garnered top rankings in the latest edition of Best Lawyers in Canada, with 66 lawyers across 32 practice areas being distinguished as leaders in their respective fields. 33 DLA Piper (Canada) LLP lawyers ranked in 2016 Canadian Legal Lexpert Directory 12 JUL 2016 DLA Piper (Canada) LLP s lawyers continue to rank highly in the 20th edition of The Canadian Legal Lexpert Directory. Selected from across the country, 33 lawyers in a range of practice areas have been chosen for their leadership and expertise. DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at www.dlapiper.com. This may qualify as Attorney Advertising requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Copyright 2017 DLA Piper. All rights reserved.
Simon is shortlisted by every major Canadian and international legal guide, including Chambers Global, Canadian Legal L'Expert Directory, Euromoney Expert Guide and Best Lawyers in Canada as one of Canada's leaders in real estate law. He has acted on some of Canada's largest dollar value real estate transactions and on many of the country's landmark commercial, retail, sports and entertainment and residential projects. Simon was featured in the September 2014 issue of L'Expert magazine as lead real estate advisor to a KingSett Capital-led consortium in respect of 2013's largest commercial real estate transaction, the acquisition of all Primaris Real Estate Investment Trust properties. In 2012 he acted as counsel to the purchaser of a $2-billion industrial real estate portfolio comprised of more than 400 properties. More recently, he is currently the lead real estate advisor to a significant landlord group in connection with the insolvency proceedings related to Target Canada, the largest Canadian retail insolvency in recent history. Simon advises many of Canada's most sophisticated real estate investors on private equity matters, fund formation, joint ventures, income trusts, the purchase and sale of real estate assets and real estate companies, property development, banking and mortgage lending, structured finance and asset securitization, corporate finance, mezzanine and participating debt structures, infrastructure, public/private partnerships, pension fund real estate investment, senior living facilities, mortgage and loan servicing and enforcement, and on real estate issues in bankruptcy and insolvency. In recent years, Simon has acted as senior advisor on some of the more notable new development financings in Toronto, including the Bay-Adelaide Centre, the Trump Tower, and the 75-storey Aura condominium project, which is currently the tallest residential building in Canada. Across the country, Simon has also acted on large portfolio transactions, including the acquisition and financing of ING's industrial portfolio and the privatization of both Atlas Cold Storage and Versacold. Complementing Simon's real estate practice is extensive deal experience in public/private partnerships, the creation of pension-fund eligible investments, and the financing of regulated facilities such as gaming, infrastructure healthcare and long-term care projects. In addition, Simon has acted for government or quasigovernment interests, including most notably, as advisor to Waterfront Toronto in connection with the development of Toronto's waterfront lands. Simon has represented clients in the financing or sale of a significant number of Canada's landmark commercial, entertainment and retail properties, including Toronto's Bay Adelaide Center, Trump Tower, Scotia Plaza, Brookfield Place, TD Centre and First Canadian Place, Montreal's Eaton Centre, Ottawa s Rideau Centre, Saskatchewan s Midtown Plaza and Calgary's Scotia Plaza and Palliser Square. Simon has also represented lenders or purchasers in connection with various sports and recreation facilities including in connection with the 2010 Olympic games, Toronto's Ricoh Centre and Niagara Falls Casino. Simon is called upon regularly to write, speak on or moderate panels on matters of commercial real estate and real estate investment in Canada or by Canadian investors abroad. This discussion paper is not intended to provide legal advice, but to highlight matters of interest in this area of law. If you have questions or comments, please contact Simon Crawford directly. The foregoing discussion paper does not establish any form of lawyer-client relationship with Simon Crawford or any law firm at which he is a partner or is otherwise affiliated with. The information contained in this discussion paper is public information and is not individualized legal advice. Readers should not rely on or take any action based upon this information; professional advice should be obtained. This discussion paper may contain errors or omissions and any liability for any such errors or omissions is hereby disclaimed. WSLEGAL\000850\00997\15198487v1
Osler, Hoskin & Harcourt LLP Rod Davidge Partner, Real Estate Toronto 416.862.4934 rdavidge@osler.com Education University of Toronto, LL.B. McMaster University, B.Eng. & Mgt. Bar Admission(s) Ontario (2000) Practice Area(s): Real Estate; Financial Services Rod s practice involves a variety of commercial real estate matters including the acquisition, disposition and financing of commercial property, co-ownership structures, property management, and the leasing of office, industrial and retail premises. He has also assisted with real property matters as part of corporate acquisitions and reorganizations, equity offerings and insolvency restructurings. Industry Recognition Chambers Canada: The World s Leading Business Lawyers, 2016, recognized in the area of Real Estate (Nationwide). The Canadian Legal Lexpert Directory, 2015, Consistently recommended in the area of Property Development. The Canadian Legal Lexpert Directory, 2015, Repeatedly recommended in the area of Property Leasing. Expert Guides The Legal Media Group Guides to the World s Leading Lawyers, 2015, Rising Star. Pro Bono / Community Work Ontario Bar Association, Real Property Section Executive 2006 to 2015 (Chair 2012-2014) Notable Matters SmartREIT in connection with its $1.16 billion acquisition of the SmartCentres platform, including interests in a portfolio of 24 properties Chartwell Retirement Residences in connection with its $254 million acquisition of five premier retirement residences TELUS Corporation and Westbank Corporation in connection with the $225 million first mortgage green bond financing of TELUS Garden, Vancouver, British Columbia Brookfield and the other issuers in connection with the $200 million first mortgage financing of Place de Ville I & II, Ottawa, Ontario
Canadian Imperial Bank of Commerce in connection with more than $400 million in credit facilities provided in connection with the privatization of TransGlobe REIT and in connection with numerous other credit facilities in respect of multi-residential properties Royal Bank of Canada in connection with more than $200 million of credit facilities provided in respect of retirement facilities in Canada Chartwell Retirement Residences in connection with the $931 million joint venture purchase together with Welltower Inc. of 42 seniors facilities throughout Canada The underwriters in connection with the initial public offering of Canadian Tire REIT, involving the sale and leaseback of 256 Canadian Tire retail operations across the country of an aggregate purchase price of approximately $3.5 billion. Publications/Events Requisitions Affecting the Deal for Good or Bad, The Six Minute Real Estate Lawyer 2009, Law Society of Upper Canada, November 2009 (presenter). Doing Business 2010 - Reforming through Difficult Times, The World Bank (contributor). Restructuring Distressed Real Estate, Guarantees in the Context of Distressed Real Estate, Ontario Bar Association, June 2009 (presenter). Damage and Destruction Clauses in Agreements of Purchase and Sale, The Six Minute Real Estate Lawyer 2008, Law Society of Upper Canada, November 2008 (presenter).
GARY GOLDFARB is a partner in the firm of Meyer, Wassenaar and Banach, LLP. Gary attended Osgoode Hall Law School and was called to the bar in 1983. He practices in commercial real estate, including mortgage lending and condominium development work.
Chris Huband Partner Toronto cah@blakes.com Toronto: 416-863-2758 Chris has 30 years of experience in completing commercial real estate transactions. His practice includes a wide variety of real estate matters affecting all classes of real estate assets. He is often engaged in the purchase and sale of major real estate assets and also has significant expertise with respect to mortgage financings, joint ventures and development projects. Chris also advises pension funds and their advisers concerning the various rules relating to the investment by pension funds in real estate. Chris has a broad range of clients, including pension funds, mutual funds, life insurance companies and other institutional investors, as well as lenders, advisers, major landlords, tenants and developers. He is the co-coordinator of the Blakes Commercial Real Estate practice. SELECT EXPERIENCE Some recent representative transactions include: C$460-million purchase by a Canadian pension fund of an undivided 50 per cent interest in the TD Canada Trust Tower, a 51-storey class AAA office tower in downtown Toronto C$300-million purchase by Ontario Pension Board of a 50% interest in RBC Centre, a 41-storey class AAA office tower in downtown Toronto C$153.8-million purchase by investor clients of GWL Realty Advisors Inc. of 151 Yonge Street, Toronto, Ontario, a 19-storey 270,000 square foot office tower in downtown Toronto C$249.5-million purchase by investor clients of GWL Realty Advisors Inc. of 5000 Yonge Street, Toronto, Ontario, a 20-storey 540,000 square foot office tower in Toronto's North York corridor C$112-million purchase by Investors Real Property Fund of a 97.5% interest in Lynden Park Mall, a 375,000 square foot regional shopping centre in Brantford, Ontario C$202-million purchase by investor clients of GWL Realty Advisors Inc. of four unenclosed shopping centres in Ontario, Quebec and Saskatchewan, with future development to be paid for under an earn-out structure
Simon Lam Bogart Robertson & Chu LLP Partner 20 Adelaide Street East Suite 303 Toronto, Ontario M5VC 2T6 416-601-1991 x.2034 slam@bogart-robertson-chu.com Education 2006 University of Windsor, LL.B. 2003 University of Waterloo, Hons B.Sc. Bar Admission: Ontario (2007) Background Simon is a partner at the commercial real estate boutique law firm Bogart Robertson & Chu LLP. His practice comprises acquisition, development, financing and disposition of real estate, with an emphasis on secured lending transactions.
Michael H. Lieberman Partner, Toronto Tel +1 416.202.6702 michael.lieberman@nortonrosefulbright.com Michael Lieberman practises commercial real estate law and regularly advises clients in the real estate, corporate, financial, transportation, mining and energy sectors regarding a wide range of real property matters. Mr. Lieberman s practice encompasses a broad scope of transactional work, such as purchases and sales, financings, leasing and joint ventures, as well as the real estate components of broader M&A transactions. His experience includes assisting clients with portfolio acquisitions and dispositions, as well as purchases and sales of infrastructure projects, including solar, wind and hydro-electric generating facilities, pipelines, an airport passenger terminal and various airport hangars. Mr. Lieberman also assists mining companies with acquisitions, dispositions, financings, joint ventures and title opinions relating to the various forms of mining property tenures. He also has considerable experience assisting renewable energy developers with developing and financing rooftop and ground m ount solar and w ind generating projects. During his law studies, Mr. Lieberman participated in an exchange program with the University of Hong Kong. Practices Corporate and commercial Mergers and acquisitions Mining and resources Projects and project finance Real estate Education LL.B., Osgoode Hall Law School, 2005 B.A.(Hons.), York University, 2001 Representative experience Mr. Lieberman has acted recently for clients in the following matters: 321 King Street Limited on the sale of 321-333 King Street West, Toronto, ON, a prime downtown Toronto, ON, redevelopment site with approvals in place for a 47-storey mixed-use condominium tower, for $45 million Brookfield Business Partners L.P. and its institutional partners, in the acquisition of Loblaw Companies Limited's gas station operations for a purchase price of approximately C$540 million. The acquired gas station network is one of the largest in Canada and includes 213 retail gas
stations and associated convenience kiosks adjacent to Loblaw-owned grocery stores across the country. The gas stations will be rebranded as Mobil as part of an agreement with Imperial Oil, marking the introduction of the Mobil fuel brand into Canada InnVest Real Estate Investment Trust in its acquisition by Bluesky Hotels and Resorts by way of a plan of arrangement under the Business Corporations Act (Alberta) for approximately C$2.1 billion TransAlta Renewables Inc. with respect to a C$442 million bond offering for its indirect wholly owned subsidiary, Melancthon Wolfe Wind LP, secured by a first ranking charge over all assets, including three wind generating facilities located in Ontario situated upon approximately 200 properties Acquisition by a subsidiary of Anbang Insurance Group of the HSBC building located at 70 York Street in Toronto, Ontario, from Brookfield Office Properties Canada LP for C$110 million Icahn Enterprises LLP in connection with its US$340 million acquisition of the US automotive aftermarket product distribution business of TSX listed U ni S elect Inc., includ distribution centres and approximately 300 retail locations Sale by City Centre Terminal Corp., a wholly owned subsidiary of Porter Aviation Holdings Inc., of the passenger terminal at Billy Bishop Toronto City Airport to Nieuport Aviation Infrastructure Partners GP Sale by Ivanhoe Cambridge of 14 retail and office properties to Cominar REIT for approximately C$1.6 billion Acquisition by Provident Energy Trust of hydrocarbon storage facilities and related pipeline assets in Sarnia, Ontario Acquisition by an energy company of hydro-electric generating facilities and a related dam, including additional development lands and various water rights easements Admissions Ontario 2006 Publications "Due Diligence and Title Opinions" (co-author), Ontario Bar Association: Natural Resources and Energy, Mining 101 - Your First Joint Venture, May 2010. "Condominium Vehicles Explained" (co-author), Law Society of Upper Canada: 6th Annual Real Estate for Law Clerks, October 2007. "Building a Client Base and Networking" (co-author), Law Society of Upper Canada: New Lawyer Practice Series - Real Estate, December 2007.
Speaking engagements "File Management for a Commercial Real Estate Transaction: Best Practices and Critical Steps," Commercial Real Estate Transactions 2016, Law Society of Upper Canada, Toronto, September 13, 2016. "Planning and Policy, Municipalities and Brownfield Development," Canadian Environmental Conference and Trade Show, Toronto, April 26, 2016. Memberships and activities Canadian Bar Association Law Society of Upper Canada
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), 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) 598-7038 Email: mmcbain@dv-law.com 00026946.DOC:
Daniel Schwartz Daniel Schwartz is a partner at Lax O Sullivan Lisus Gottlieb LLP. Danny assists clients to solve complex contractual and commercial disputes, including real estate, shareholder, estate, construction, financial services, defamation, professional liability, technology and procurement disputes. Danny appears at all levels of court in Ontario and before arbitral tribunals, often as lead counsel. Danny s litigation experience is complemented by his work in the legal community. He is a past Chair of the Advocates Society s Young Advocates Standing Committee and a frequent lecturer and skills instructor for other litigators.
Lanette Wilkinson 5300 Commerce Court West, 199 Bay Street, Toronto, Canada, M5L 1B9 Direct: +1 416 869 6846 lwilkinson@stikeman.com Lanette Wilkinson is an associate in the Real Estate, Energy, and Project Development and Finance Groups. Her practice focuses on commercial real estate and energy transactions, project development, project finance, and construction. Lanette has experience in various aspects of commercial real estate transactions, including acquisitions, dispositions, structuring, development and financing, as well as commercial leasing and related matters. Lanette also has specific expertise in the electricity and renewable energy sectors. She has advised a variety of clients, including developers, lenders, contractors, purchasers and government agencies, in connection with multiple aspects of the electricity sector. She works extensively on project development and finance, contract negotiations, and mergers, acquisitions and dispositions involving electricity projects. In addition, she regularly advises on real estate, construction, procurement, and regulatory matters. Professional Activities Lanette is a member of the Law Society of Upper Canada. She is also a regular contributor to the firm s Energy law blog, www.canadianenergylaw.com. Education Osgoode Hall Law School (Certificate in Construction Law 2014) University of Toronto (J.D. 2008) University of British Columbia (B.A. International Relations 2005) Bar Admission Ontario, 2009 Stikeman Elliott LLP www.stikeman.com
XUE YAN Senior Associate T 416.367.6322 F 416.367.6749 Toronto XYan@blg.com http://ca.linkedin.com/in/xyan1 Commercial Real Estate Real Estate Lending Commercial Real Estate Leasing Public-Private Infrastructure Projects China Education / Bar Admissions JD, University of Toronto, 2008 PhD in Law, Osgoode Hall Law School, 2005 LLM, Southwest University of Political Science and Law, China, 2000 LLB, Southwest University of Political Science and Law, China, 1997 Ontario, 2009 Professional Involvement Member, Canadian Bar Association Member, Ontario Bar Association Member, Law Society of Upper Canada Member, Urban Land Institute Adjunct Professor, Osgoode Hall Law School and the Department of Political Science of York University, 2003-06 EXECUTIVE SUMMARY Xue Yan is a senior associate in the Toronto office of Borden Ladner Gervais LLP. Xue practises in the area of commercial real estate, including acquisition and disposition of commercial real properties; financings, joint-venture, partnership and co-ownership arrangements for commercial real properties; long-term lease arrangements and mixeduse developments; public-private transactions; and leasing and property management of commercial real properties. She is a member of the Firm's Asia Pacific Client Service Team. Xue articled with BLG before joining the Firm as an associate in 2009. Xue is fluent in Mandarin Chinese. REPRESENTATIVE WORK Acts for clients in connection with acquisition and disposition of commercial real properties, including conducting due diligence, review of leases, contracts and other legal documents, and negotiating and drafting agreements. Acts for clients in connection with joint-venture, partnership and co-ownership arrangements, including negotiating and drafting limited partnership agreements, co-owners agreements and property management agreements. Acts on behalf of both lenders and borrowers in connection with financings for commercial real properties and projects, including conducting due diligence, review of various legal documents, and negotiating and drafting loan documents. Acts for clients in connection with public-private partnerships and mixed-use developments, including drafting project agreements, ground leases and reciprocal agreements. Acts for clients in connection with the leasing of commercial real properties, including negotiating and drafting leases. Assists and advises clients on issues relating to land transfer taxes, corporate structures and other legal issues relating to commercial real estate transactions. Lawyers Patent & Trademark Agents. 2017 Borden Ladner Gervais LLP ("BLG"). All rights reserved.
Advises Chinese clients on Canadian law in general and commercial real estate practice in particular. PUBLICATIONS & PRESENTATIONS Author, "Ontario HST: What It Means for Landlords and Tenants of Commercial Real Properties," Ontario Real Estate Law Developments (CCH) and Taxnet Pro, 2010 (with Catherine Bray and Beverly Gilbert). ABOUT BORDEN LADNER GERVAIS LLP Borden Ladner Gervais LLP (BLG) is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation and arbitration, and intellectual property solutions for our clients. BLG is one of the country s largest law firms with more than 725 lawyers, intellectual property agents and other professionals in five cities across Canada. We assist clients with their legal needs, from major litigation to financing to trademark and patent registration. Lawyers Patent & Trademark Agents. 2017 Borden Ladner Gervais LLP ("BLG"). All rights reserved.