Stikeman Elliott
 
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Real Estate & Environment
Real Estate & Municipal

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 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

  • Lessors and lessees in negotiating and drafting long-term and ground lease agreements

  • 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

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



practices  
Specialty Areas
Related Practices
Contacts
Key Contacts

Montréal:
Neil L. Bindman
Stefan Fews 
Howard J. Rosenoff

Toronto: 
C. Mario Paura 

Calgary:
Greg Plater

Vancouver:
Richard J. Jackson
Ross A. MacDonald
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