Members of Torys’ sophisticated and highly diversified Real Estate Practice have represented clients in many of the most complex and challenging real estate transactions in Canada.
We are committed to delivering the highest level of expertise, service, responsiveness and flexibility in providing complete legal services to U.S., Canadian and international clients. Our lawyers identify emerging client opportunities, provide prompt and informed legal advice, implement creative solutions and produce tangible results. We do this by understanding a client’s business and industry, and monitoring both so that we are on the forefront of potential issues. We also recognize that legal advice must be grounded in business practicality and common sense. We anticipate emerging issues and providing flexible responses based on experience and innovation.
Our lawyers have experience with the legal and financial issues and opportunities in the real estate sector throughout the United States and Canada. We represent Canadian and U.S. real estate investors in cross-border transactions, as well as other international investors in both countries. Our lawyers are experienced in dealing with the special legal issues encountered by international investors in structuring the purchase, financing and disposition of their U.S. and Canadian real estate holdings. We have expertise to assist international investors in all aspects of the development, purchase and sale and financing of commercial and industrial projects through conventional and new structures.
Acquisitions and Divestitures
The members of our practice represent vendors and purchasers in all aspects of purchase and sale transactions involving assets, shares or other equity interests. We act for clients acquiring and disposing of individual and portfolios of office, retail, industrial, hospitality, infrastructure, energy, and mining properties. We advise our clients in the strategic assessment and planning of ownership and financing structures and work closely with members of our Tax Practice to produce optimal tax-efficient deal structures for our clients. We can quickly mobilize our experienced lawyers and paralegals to undertake efficient and sophisticated due diligence reviews of the full range of real estate, infrastructure and energy, mining, environmental and corporate matters related to all forms of real property-based acquisitions and divestitures.
Financings and Restructurings
Representing borrowers, lenders and monoline insurers in the public and private markets, our group counsels clients in conventional and construction financing of commercial properties of all types and multi-family residential properties, as well as in project financing of various industrial, infrastructure,energy and mining facilities. We also regularly assist in less conventional participating financings, structured financings, securitizations and monoline insurance products. We represent lenders and borrowers in the renegotiation and restructuring of outstanding loans. Our group works with members of Torys’ Restructuring and Insolvency Group in structuring multi-party workout transactions.
Joint Ventures, Co-ownerships, REITs
We represent clients making private equity investments in real estate enterprises and through joint ventures, co-ownerships, ground leases and other equity finance vehicles and structures. We work closely with members of our Tax Group and Private Equity Group to structure and implement such arrangements. We also have experience assisting clients in the formation of real estate investment trusts and private real estate investment funds.
Development and Construction
We represent local, regional, national and international development companies involved in the development, construction and ownership of retail, office, industrial, hotel, resort, multi-family and single-family projects, infrastructure and energy projects and mining projects. We represent real estate–oriented corporations and other clients in all aspects of their real estate activities including in
- the strategic planning of new development opportunities
- transactions
- zoning and land use issues
- easement and rights-of-way acquisitions
- construction law issues
- RFQ, RFP and tender procurement processes
- construction, engineering and architectural contracts
- environmental and regulatory matters affecting the use and development of real estate projects
Other
Other aspects of our real estate expertise include commercial leasing, outsourcing of real estate services and activities, loan security enforcement work, real estate reorganizations, sale and lease back transactions and public-private partnerships.
Recognitions
Members of our Real Estate Practice have been lauded extensively for their expertise and outstanding work in the real estate sector, including in the following publications:
- Chambers & Partners’ Chambers Global: World’s Leading Lawyers for Business—The Client’s Guide 2008 and 2009
- Practical Law Company’s Which Lawyer? Yearbook 2005, 2006, 2007, 2008 and 2009
- Legal Media Group/Euromoney's IFLR1000 The Guide to the World's Leading Financial Law Firms 2008
- Lexpert’s Rising Stars: Leading Lawyers Under 40
- Woodward White’s Best Lawyers in Canada 2006, 2008 and 2009
- Legal Media Group/Euromoney’s Guide to the World’s Leading Real Estate Lawyers
Industry Participation
The members of our practice participate actively in various real estate organizations.