commercial real estate
construction real estate
leasing
mortgage remedies
securitization
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commercial real estate

The lawyers of McMillan's Commercial Real Estate Group assist owners, investors, landlords and tenants reach their business goals for owned and leased real estate assets. With more than 30 practitioners and representation across Canada, we have the depth of resources and talent to assist with any transaction regardless of its size or complexity – including work for offshore clients acquiring real estate for development or investment purposes. Our client and industry knowledge and McMillan's firmwide capabilities ensure that our service is timely, efficient and cost-effective.

Our clients include financial institutions and other capital providers, commercial and retail users, property owners, developers and managers and real property users in a wide range of industries. We assist with all aspects of real estate law and transactions, including:
  • Commercial real estate purchases and sales
  • Commercial leasing
  • Commercial development, including condominiums and subdivisions
  • Financing and mortgages
  • Title Insurance
  • Construction and environmental issues
  • Foreclosure
  • Dispute resolution

Whether the need is negotiating a purchase or sale, arranging debt or equity financing, structuring a joint venture or partnership, resolving foreclosures and other disputes, or assisting with development and property management, McMillan lawyers have the resources and experience to offer innovative legal solutions of the highest quality.

Capabilities

McMillan has a notable record of accomplishments in real estate law. Here are just a few representative examples of our lawyers' strengths.

  • We publish Real Estate Brief to alert clients to legislative and business developments in the real estate sector.
  • Our lawyers are members of numerous industry organizations and speak regularly on real estate topics before clients, industry associations and other groups, such as the International Association of Shopping Centers and the annual RealLeasing program. Three of the lawyers in the Real Estate Group have been named as leading practitioners by the Lexpert Directory of Leading Lawyers in Canada.
  • Our Real Estate Group lawyers drafted and edit the Leases Division of O'Brien's Encyclopedia of Forms, one of Canada's leading legal publications.
  • We acted for the Canadian Institute of Public and Private Real Estate Companies (CIPPREC) in connection with the development of standard form leases for the real estate industry, and have been involved in many of the larger lease transactions across Canada.
  • Our lawyers are leading experts in title insurance, and have contributed as editor and authors to Title Insurance - A Guide to Regulation, Coverage and Claims in Ontario as well as writing the title insurance sections in The Real Estate Law Guide, published by CCH.
  • We were the first Ontario law firm able to issue title certificates as the basis on which title insurance policies are written, and are the only Canadian law firm with the extensive experience necessary to negotiate applicable endorsements and title instructions effectively.
  • Several of our lawyers hold advanced certificates in Alternative Dispute Resolution (ADR) and have experience in all aspects of dispute resolution.
  • We are leaders at offering comprehensive mortgage enforcement and default portfolio management services for lending clients, including one of Canada's largest banks.

McMillan and Mary Flynn-Guglietti are ranked in the Top Ten Planning and Development Law Firms in the GTA in December 2012 issue of Novæ Res Urbis.

At the 2003 Real Estate Excellence (REX) Awards, McMillan was a recipient of the 2002 "Office Lease Deal of the Year" award from NAIOP (National Association of Industrial and Office Properties).




Publications / Presentations
May 2013
the new "buildings" chapter of the safety code: Quebec new requirements regarding building maintenance
real estate bulletin
May 2013
city adopts first amendment to official plan under 5-year review
real estate bulletin
April 2013
lease due diligence
real estate bulletin
March 2013
you're expected to give and take, but not be unreasonably burdened: SCC clarifies the law of injurious affection
real estate bulletin
February 2013
how will the city of Toronto's new draft harmonized zoning by-law impact your property rights?
real estate bulletin
February 2013
waivers of subrogation in leases – the latest chapter
real estate bulletin
February 2013
the overholding provision in a commercial lease
real estate bulletin
February 2013
the impact of recent mining act amendments on mining tenures in Ontario
real estate bulletin
November 2012
charging management fees or administration fees to tenants under a net or carefree lease
real estate bulletin
July 2012
post closing rescission rights under REDMA – when closing does not necessarily mean closed
real estate bulletin
September 2011
decisions, decisions – faced with non-payment, contractors must pursue the right claim and remedy
construction bulletin
September 12, 2011
Sloppy accounting costs developer - Construction Lien Act protects parties down the chain
Property Management Report - July /August 2011
January 2011
'Open for Business' spells important changes for condo developers and the construction industry
Construction and Commercial Real Estate Bulletin


Stacey J. Handley
604.691.7453
William A. Rowlands
416.307.4065
David E. Slan
416.865.7069
Patrick Murray
613.232.7171 ext. 118
Bryan Ede
403.531.8738