Stikeman Elliott
 
SITE SEARCH
Real Estate & Environment
Real Estate & Municipal

View Seminar Webcasts

Stikeman Elliott's Real Estate Group is the number one choice for clients seeking specialized real estate assistance in the Canadian market. Real estate industry participants value the advice from experienced practitioners who understand the industry and know the players. Reflecting our depth as one of Canada's leading business law firms, our practice encompasses the full range of activity for the real estate investment, development and finance industry.

We work for the following industry participants:

  • Domestic and foreign investors, such as REITs, pension funds and investment funds, in the offering, structuring, acquisition, disposal, joint venturing and financing of real estate investments;
  • Major corporations, REITs and other entities in all industries in mergers, acquisitions, divestitures, restructurings, financings and public offerings;
  • Developers, strategic investors and lenders in financing and refinancing projects and acquisitions, and in syndicated or securitized financings and refinancings;
  • Public, private and institutional investors in the establishment of real estate investment funds, syndications and joint ventures and in their acquisition, development and management of real estate assets;
  • Governments and private-sector participants in the development of innovative public and public-private infrastructure projects;
  • Issuers and underwriters in real estate debt and equity capital markets, including public and private offerings on most major securities exchanges in Canada, the U.S., the U.K. and Europe; and
  • Lessors and lessees in negotiating and drafting long-term and ground lease agreements.

We advise on every type of major real estate development, including commercial, retail, office, industrial, multi-family residential, hotel, entertainment and mixed-use. We also have particular expertise in handling large, complex multi-jurisdictional transactions, bulk real estate portfolio acquisitions, dispositions and financings, and in the establishment of investment funds and joint ventures. Our Real Estate Group works closely with our tax, municipal and environmental practitioners to ensure integrated and responsive service on all transactions.

The excellence (in understanding the real estate market and serving our clients) of our Real Estate Group is consistently recognized in important industry surveys. The Canadian Legal Lexpert Directory recommends the group in each of Canada's major real estate markets: Toronto, Montréal, Calgary and Vancouver and lists four key partners, drawn from all four offices, as among Canada's best. Several of our members are also listed in Euromoney's Guide to the World's Leading Real Estate Lawyers and in Practical Law Company. Chambers Global's The World's Leading Business Lawyers also endorses the real estate practice of Stikeman Elliott, while The Best Lawyers in Canada lists four of the Group's practitioners drawn from our Toronto and Vancouver offices.

The Real Estate Group's international network, including London, New York and Sydney, reflects our commitment to serving our real estate clients, whether based in Canada or elsewhere, in an increasingly global industry. International clients find us knowledgeable and helpful on appropriate investment and acquisition structures for non-residents, the Canadian income tax treatment of non-residents, the Investment Canada Act, the Competition Act and other legislation and regulations directed at foreign activity in the Canadian economy and off-shore acquisitions of Canadian real estate.

The ability to draw on the outstanding skills of our real estate practitioners across Canada and around the world, as well as lawyers with expertise in such related areas as tax (structuring), banking (financing and regulatory compliance), environmental, municipal (land use planning and development approvals), insolvency and litigation (liens and liquidated damage claims), allows us to provide clients with seamless, integrated service on even the largest and most complex transactions.

Expertise

Our experience with all aspects of real estate allows us to offer comprehensive services to clients, including:

Acquisitions and Dispositions of Commercial Real Estate

  • Purchases and sales of retail, office, hotel, industrial, recreational and multi-occupancy residential properties
  • Purchases and sales of businesses of which real estate is a material asset
  • Advice as to choice of investment vehicle and structure
  • Analysis of leases and other property contracts, investigating regulatory compliance, performing title searches and reviewing and advising on engineering and environmental audits
  • Resolution of disputes arising from the purchase, management and sale of real estate or businesses with real estate holdings

Financing

  • Acquisition, construction and permanent financing, from both the lender's and the borrower's perspective
  • Advice as to the choice of investment vehicle and structure, and assistance with due diligence matters, including financial reviews
  • Drafting, negotiation and implementation of loan and security documentation
  • Resolution of disputes arising from the financing of real estate

Land Use Planning and Development

  • Advice on investment vehicle and structure
  • Advice on pre-development options and strategies
  • Advice on land acquisition and assembly
  • Coordination of all aspects of land use planning and development process, including dealing with government and public agencies, securing regulatory approvals, and representing clients before administrative tribunals and municipalities
  • Advice to municipalities on general municipal law matters, including municipal financing and licensing

Construction Matters

  • Drafting and negotiation of construction contracts
  • Construction financing, from both the lender's and the borrower's perspective
  • Litigation involving construction lien matters, delay claims and bonding claims, and liquidated damages claims

Commercial Leasing

  • Retail, office and industrial leasing, from the landlord's or the tenant's perspective
  • Assistance in negotiating offers to lease and tenant inducement packages
  • Advice on landlord-tenant disputes arising during the term of a lease or upon its termination

Distressed Real Estate

  • Advice to receivers and liquidators on the sale of distressed real estate, assets and/or loans; drafting and negotiation of agreements of purchase and sale and ancillary documentation
  • Advice on and drafting of all documentation with respect to financing the purchase of distressed real estate
  • Advice to lenders, receivers, monitors, governments and others in matters arising from work-outs and insolvencies, including assisting in preparation and implementation of work-out strategies and advice with respect to bankruptcy and insolvency matters
  • Enforcement of security, including private and court-appointed receivers, powers of sale, foreclosures and judicial sales and other court proceedings required to maximize recoveries


Recent Group Activities

Real Estate and Municipal 
Jean Lamothe is now acting as head the Real Estate Group, taking over from Pierre Setlakwe who contributed in increasing the profile and expertise of our real estate practice in Montréal.

Toronto lawyers participating in 2011 ICSC Law Conference
Mario Paura and Savvas Kotsopoulos are leading a breakfast roundtable "Big Deals - Leasing Issues in Retail M&A Transactions" at the 2011 ICSC Canadian Shopping Centre Conference on February 24, 2011 in Toronto. James Klein is also co-hosting a separate roundtable at the conference titled: "A Primer on Non-Disturbance, Attornment and Estoppels".

Zellers-Target transaction
Stikeman Elliott represented Zellers in the sale of up to 220 leasehold interests to Target Corporation for $1.825 billion.

The City of Vancouver in connection with the consultation, financing and completion of the Athletes' Village for the 2010 Olympic and Paralympic Winter Games.


practices  
Specialty Areas
Related Practices
Contacts
Key Contacts

Montréal:
Jean Lamothe

Toronto:
Jim Harbell

Calgary:
Greg Plater

Vancouver:
Ross MacDonald

Related Publications