Commercial Real Estate
COMMERCIAL REAL ESTATE
Like many aspects of modern business, commercial real estate transactions can be highly complex and the potential for financial rewards is often tempered by possible risk. A well-considered legal strategy can help builders and investors preserve the value of commercial real estate ventures.
McMillan’s Commercial Real Estate lawyers serve a range of organizations, to help investors and developers maximize value, manage and share risk, enhance investment returns and create favourable tax structures for a wide range of commercial real estate initiatives. Our commercial real estate lawyers have expertise in development, environmental regulation, leasing, municipal and land use planning law, as well as real estate financing, acquisitions and divestitures, allowing us to close deals effectively and efficiently.
We work with a wide range of developers seeking to acquire and develop real property, including residential, commercial, resource development projects and large-scale infrastructure programs. We also work with municipalities and governmental bodies to ensure their interests are protected in major development projects. Our services include: providing counsel on pre-development options; advising on optimal investment vehicles and structures; counseling on land acquisition and financing; assisting with dispute resolution and/or litigation with nonperforming suppliers, buyers and other third parties.
REAL ESTATE ACQUISITIONS & DIVESTITURES
McMillan LLP is one of Canada’s leading real estate acquisition and divestitures law firms, recognized for helping companies maximize the value potential of their commercial real estate portfolios while mitigating risk.
McMillan is routinely called upon by top commercial real estate industry players for counsel on maximizing the value of their real estate acquisitions and divestitures in Canada. We have the experience and astute knowledge of the law necessary to advise clients on all facets of property acquisition and divestiture, including real estate, tax, environmental, and corporate and commercial matters. Our lawyers’ experience comes from regularly acting on behalf of major publicly traded real estate companies, financial institutions, pension funds, land developers and Real Estate Investment Trusts (REITs) on large commercial property acquisitions and dispositions.
REAL ESTATE LAND DEVELOPMENT
Our Commercial Real Estate Group represents commercial and residential developers, as well as builders engaged in the development of high-rise, low-rise and multiphase residential, commercial and mixed-use condominium and rental projects.
We advise our clients in all aspects of the negotiation and drafting of development agreements with municipalities and neighbouring property owners. We also provide title opinions as required for construction financing and help with the satisfaction of municipal development conditions.
Our New Homes and Condominium team, a specialized area of our Commercial Real Estate Group, assists residential developers at every stage of the condominium development life cycle, from project launch to closings and board turnover.
Our client-base is broad and diversified. While we act for some of Canada’s largest residential property developers, we are trusted advisor to smaller developers and builders, requiring sophisticated and creative solutions for their complex urban developments.
Deals and Cases
INSIGHTS (93 Posts)
Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)
A Tenant’s Fear of Committing to an Option to Extend a Lease May Be Costly – A Case Comment on 2324702 Ontario Inc. v. 1305 Dundas W Inc., 2020 ONCA 353
UPDATE – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 – Travel Restrictions and Quarantine Requirements
The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver
July 20 Update: POLICY STATEMENT 17 – Extension of the Early Marketing Period in Response to COVID-19
Court Dismisses Interim Relief Sought by Homeowners Currently Challenging the Speculation and Vacancy Tax Act
Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law
Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions
Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?
Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Further Changes to Ontario’s Land Transfer Tax Regime: Trust and Partnership Transparency on the Chopping Block
Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?
Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years
The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems
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