Marc Généreux 

Marc Généreux

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5046
e: marc.genereux@mcmillan.ca

overview

Marc Généreux works in the areas of mortgage and real estate financing. His activities largely consist in structuring and arranging financings for office or residential towers, shopping malls, industrial parks and commercial developments, as well as providing financial institutions such as life insurance companies, banks, trust companies with legal advice respecting loan policies and programs.

Marc is also active in the field of real estate development. His responsibilities include acquiring lots and buildings, negotiating agreements, partnerships, and such documents as undivided ownership, management and co-ownership contracts, as well as negotiating with municipalities and other government authorities to obtain any permit and authorization required to carry out planned projects. Through his duties, he also creates and organizes corporate structures, limited partnerships and trusts to meet clients' needs. He is also active in converting residential, commercial and industrial buildings into various types of co-ownership structures.

Representative Matters

  • Acted for and provided advice to XTL Transport Inc., XTL Distribution Inc. and  companies of the same group to create a limited partnership for the acquisition of a piece of land in partnership with a long time known real estate investor, negotiated construction aspects and financing of a new industrial building and leasing of same (August 2016 to September 2018).
  • Counsel in the amalgamation of the Canadian Cancer Society (CCS) with the Canadian Breast Cancer Foundation (CBCF) for the purpose of creating a unified force of a greater impact on cancer research and support programs across Canada. We provided counsel with respect to all Corporate and Securities; Tax; Intellectual Property; Real Estate; Employment Law matters. The merger is designed to help meet increased demands for support and cancer research.  
  • Acted for and provided advice to the lender, The Manufacturers Life Insurance Company, for a loan secured by 1 Holiday Avenue, Pointe-Claire (August 2016)
  • Acted and provided advice to the lender, Industrial Alliance Insurance and Financial Services Inc., for an additional loan secured by Senior residence complex bearing civic addresses 340 and 300 Hymus Boulevard, Pointe- Claire (March 2016)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the extension of term and amendments to a loan secured by Place Longueuil (December 2015)
  • Acted for and provided advice to The Manufacturers Life Insurance Company regarding the CIBC Tower Complex in Montreal. (July 2015)
  • Prepared documentation pertaining to 9 vertical divided co-ownerships located in Gatineau with over 130 owners, their mortgage creditors and syndicates to reorganize same by way of corrections and transfers as a first step and thereafter the execution of an horizontal declaration of co-ownership for 8 of the vertical divided co-ownership. (September 2014) 
  • Acted for and provided advice to lender, Industrial Alliance Insurance and Financial Services Inc., in regards to refinancing properties owned by Capreit Apartments Inc. and other entities of the same group. (April 2014)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the financing of a shopping mall owned by Canadian Property Holdings (Québec) Inc. and Montagne Laramée Developments Inc. (December 2013)
  • Created an undivided ownership rights structure over emphyteutic rights on a property comprised of rights of superficy, divided co-ownership rights and air rights and provided advice to the property owner, in regards thereof with a view to simplify as much as possible this complex structure. (November 2012)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the sale of the owner and emphyteutic lessor's rights against 555 René-Lévéque West, Montreal (February 2012)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $70M loan for the financing of the Polaris Building, 1501 McGill College in Montreal: the building was held under a divided coownership structure that involves the Eaton Centre. (April 2011)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $85 million loan for the financing of 500 René-Lévesque West, in Montreal. Among the specificities of this financing, the building was held under a divided co-ownership structure. (July 2009)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $ 70 million loan to finance the 500 Grande-Allée East, in Québec City (April 2009)
  • Secured a term financing and operating lines of credit for the account of financial institutions, in favour of para-municipal organizations (In August 2008 and December 2007)
  • Acted for and provided advice to Industrial Alliance, Insurance and Financial Services Inc. while they granted a mortgage loan for Phase IV of a senior citizen home. Among the specificities of this loan, the loan was divided in 3 tranches. (April 2008)
  • Lead a team advising Casperdiny IFB Realty Inc. while they commenced the process of converting the building into a co-ownership by shares structure. Articles of incorporation, by-laws, allocation of shares, distribution of common spaces and private portions, proprietary leases, offers to purchase, preoccupancy agreements and application for discretionary exemptions before l'Autorité des marchés financiers as well as an offering memorandum were prepared. (August 2007)
  • Acted for and provided advice to The Manufacturers Life Insurance Company, when they granted an additional loan to the owners for the financing of Place Longueuil. (June 2005)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a loan to the owners for the financing of Place Montreal Trust. Among the specificities of this transaction: the office tower was held under emphyteusis and common spaces between the tower and the retail portion were the object of servitudes. (May 2005)
  • Acted for and provided advice to the Industrial Alliance, Insurance and Financial Services Inc., and negotiated the inter-lenders agreement for the financing of the Delta Hotel centreville in Montreal (December 2003)
  • Acted for and provided advice to The Manufacturers Life Insurance Company, as they offered the purchaser a financing for the acquisition of the retail spaces at Mont-Tremblant. Most of these spaces were located at the ground level and were held under undivided ownership while the other storeys of the buildings were held under divided co-ownership of Condo Hotel. A number of agreements and servitudes were binding the owners of the spaces on the ground floor, those of the Condo Hotel and the manager of the common spaces in the village and mountain, which made of the whole a complex transaction. (June 2003) 
  • Lead a team advising on tax, security and environmental issues regarding the conversion of the building on Dr Penfield avenue in Montreal by filing a first offering memorandum in view to promote the sale of units under a co-ownership by shares structure. Prior to this filing, an application for discretionary exemptions was filed before l'Autorité des marchés financiers together with an offering memorandum and the co-ownership by shares structure documents such as the articles of incorporation, by-laws, allocation of shares, distribution of commons spaces and private spaces, proprietary leases and offers to purchase. (March 2002)
  • Negotiated and prepared the joint venture agreement, the undivided agreement and the management contract for the development of Phase V for the account of the builder and general contractor of Les Jardins de Mérici in Quebec City (February 2001)

Education

  • Université de Montréal, LL.L. - 1981

Year Of Call

  • Called to the Quebec bar - 1982

Practices

real estate acquisitions and divestitures
real estate investment trusts
real estate financing
commercial real estate

Directorships and Professional Associations

  • Member, Quebec Bar
  • Member, Bar of Montreal
  • Member, Canadian Bar Association

Community Involvement

  • Past Chair of the National Board of the Canadian Cancer Society from June 2014 to September 2015
  • Chair of the National Board of the Canadian Cancer Society from June 2012 to June 2014
  • Chair Elect of the National Board of the Canadian Cancer Society from August 2011 to June 2012
  • Member of the National Board of the Canadian Cancer Society for a new term between May 2008 and September 2015
  • Past President, Canadian Cancer Society, Quebec Division between May 2005 and May 2007
  • President, Canadian Cancer Society, Quebec Division between 2003 and 2005
  • Member of the National Board of the Canadian Cancer Society between 2003 and 2006
  • President Elect, Canadian Cancer Society, Quebec Division between 2000 and 2003
  • Member of the Board of Directors (between 1997 and 2005) of the Executive Committee (between 1998 and 2005), Canadian Cancer Society, Quebec Division

Awards & Rankings

  • Medal of the Queen Jubilee for his work as volunteer for the Canadian Cancer Society
  • Honorary life member of the Canadian Cancer Society
vcard

Marc Généreux works in the areas of mortgage and real estate financing. His activities largely consist in structuring and arranging financings for office or residential towers, shopping malls, industrial parks and commercial developments, as well as providing financial institutions such as life insurance companies, banks, trust companies with legal advice respecting loan policies and programs.

Marc is also active in the field of real estate development. His responsibilities include acquiring lots and buildings, negotiating agreements, partnerships, and such documents as undivided ownership, management and co-ownership contracts, as well as negotiating with municipalities and other government authorities to obtain any permit and authorization required to carry out planned projects. Through his duties, he also creates and organizes corporate structures, limited partnerships and trusts to meet clients' needs. He is also active in converting residential, commercial and industrial buildings into various types of co-ownership structures.

  • Acted for and provided advice to XTL Transport Inc., XTL Distribution Inc. and  companies of the same group to create a limited partnership for the acquisition of a piece of land in partnership with a long time known real estate investor, negotiated construction aspects and financing of a new industrial building and leasing of same (August 2016 to September 2018).
  • Counsel in the amalgamation of the Canadian Cancer Society (CCS) with the Canadian Breast Cancer Foundation (CBCF) for the purpose of creating a unified force of a greater impact on cancer research and support programs across Canada. We provided counsel with respect to all Corporate and Securities; Tax; Intellectual Property; Real Estate; Employment Law matters. The merger is designed to help meet increased demands for support and cancer research.  
  • Acted for and provided advice to the lender, The Manufacturers Life Insurance Company, for a loan secured by 1 Holiday Avenue, Pointe-Claire (August 2016)
  • Acted and provided advice to the lender, Industrial Alliance Insurance and Financial Services Inc., for an additional loan secured by Senior residence complex bearing civic addresses 340 and 300 Hymus Boulevard, Pointe- Claire (March 2016)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the extension of term and amendments to a loan secured by Place Longueuil (December 2015)
  • Acted for and provided advice to The Manufacturers Life Insurance Company regarding the CIBC Tower Complex in Montreal. (July 2015)
  • Prepared documentation pertaining to 9 vertical divided co-ownerships located in Gatineau with over 130 owners, their mortgage creditors and syndicates to reorganize same by way of corrections and transfers as a first step and thereafter the execution of an horizontal declaration of co-ownership for 8 of the vertical divided co-ownership. (September 2014) 
  • Acted for and provided advice to lender, Industrial Alliance Insurance and Financial Services Inc., in regards to refinancing properties owned by Capreit Apartments Inc. and other entities of the same group. (April 2014)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the financing of a shopping mall owned by Canadian Property Holdings (Québec) Inc. and Montagne Laramée Developments Inc. (December 2013)
  • Created an undivided ownership rights structure over emphyteutic rights on a property comprised of rights of superficy, divided co-ownership rights and air rights and provided advice to the property owner, in regards thereof with a view to simplify as much as possible this complex structure. (November 2012)
  • Acted for and provided advice to The Manufacturers Life Insurance Company for the sale of the owner and emphyteutic lessor's rights against 555 René-Lévéque West, Montreal (February 2012)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $70M loan for the financing of the Polaris Building, 1501 McGill College in Montreal: the building was held under a divided coownership structure that involves the Eaton Centre. (April 2011)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $85 million loan for the financing of 500 René-Lévesque West, in Montreal. Among the specificities of this financing, the building was held under a divided co-ownership structure. (July 2009)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a $ 70 million loan to finance the 500 Grande-Allée East, in Québec City (April 2009)
  • Secured a term financing and operating lines of credit for the account of financial institutions, in favour of para-municipal organizations (In August 2008 and December 2007)
  • Acted for and provided advice to Industrial Alliance, Insurance and Financial Services Inc. while they granted a mortgage loan for Phase IV of a senior citizen home. Among the specificities of this loan, the loan was divided in 3 tranches. (April 2008)
  • Lead a team advising Casperdiny IFB Realty Inc. while they commenced the process of converting the building into a co-ownership by shares structure. Articles of incorporation, by-laws, allocation of shares, distribution of common spaces and private portions, proprietary leases, offers to purchase, preoccupancy agreements and application for discretionary exemptions before l'Autorité des marchés financiers as well as an offering memorandum were prepared. (August 2007)
  • Acted for and provided advice to The Manufacturers Life Insurance Company, when they granted an additional loan to the owners for the financing of Place Longueuil. (June 2005)
  • Acted for and provided advice to The Manufacturers Life Insurance Company when they granted a loan to the owners for the financing of Place Montreal Trust. Among the specificities of this transaction: the office tower was held under emphyteusis and common spaces between the tower and the retail portion were the object of servitudes. (May 2005)
  • Acted for and provided advice to the Industrial Alliance, Insurance and Financial Services Inc., and negotiated the inter-lenders agreement for the financing of the Delta Hotel centreville in Montreal (December 2003)
  • Acted for and provided advice to The Manufacturers Life Insurance Company, as they offered the purchaser a financing for the acquisition of the retail spaces at Mont-Tremblant. Most of these spaces were located at the ground level and were held under undivided ownership while the other storeys of the buildings were held under divided co-ownership of Condo Hotel. A number of agreements and servitudes were binding the owners of the spaces on the ground floor, those of the Condo Hotel and the manager of the common spaces in the village and mountain, which made of the whole a complex transaction. (June 2003) 
  • Lead a team advising on tax, security and environmental issues regarding the conversion of the building on Dr Penfield avenue in Montreal by filing a first offering memorandum in view to promote the sale of units under a co-ownership by shares structure. Prior to this filing, an application for discretionary exemptions was filed before l'Autorité des marchés financiers together with an offering memorandum and the co-ownership by shares structure documents such as the articles of incorporation, by-laws, allocation of shares, distribution of commons spaces and private spaces, proprietary leases and offers to purchase. (March 2002)
  • Negotiated and prepared the joint venture agreement, the undivided agreement and the management contract for the development of Phase V for the account of the builder and general contractor of Les Jardins de Mérici in Quebec City (February 2001)