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Summer 2018




Northam Canadian Commercial Property Fund II Acquisition

Real Estate Group partner Neill Kalvin, associate Zale Skolnik, and law clerk Helen Wright completed the acquisition of a 50% interest in a portfolio of properties for Luxembourg based Northam Canadian Commercial Property Fund II - FCP-FIS, which is advised by Northam Realty Advisors Limited. The acquisition, from Crombie REIT, involves 9 properties located in Ontario, British Columbia and Alberta, for an aggregate purchase price of $77.9 million which was completed on May 14, 2018. The 405,158 sf portfolio is fully leased with major tenants that include Sobeys, Safeway, Shoppers Drug Mart, TD Bank and The Beer Store.



Real Estate Group partner Neill Kalvin, associate Zale Skolnik, and law clerk Helen Wright acted for RioCan REIT on the sale of three shopping centres located in Fergus and Belleville, Ontario and Trois Rivieres, Quebec, to Skyline Retail REIT. The transactions were completed in March and May 2018 for an aggregate sale price of $39,550,000. RioCan is Canada’s largest real estate investment trust with a total enterprise value of approximately $13.9 billion at December 31, 2017.


Trillium Housing

Real Estate Group partner John Fox, and associate Zale Skolnik, acted on behalf of Trillium Housing in the acquisition of lands in Pickering from Infrastructure Ontario. The property will be used for the development of affordable ownership housing. Trillium is partnering with VanMar Developments on the development. Trillium creates affordable ownership opportunities by providing eligible purchasers with a second mortgage that carries no payments until the property is sold.


Affordable Rental in the West Don Lands

Real Estate partner, John Fox was engaged to assist the Tricon Capital Group, Dream Unlimited Group & Kilmer Group with the acquisition of three blocks on the West Don Lands from Infrastructure Ontario. Working with lead counsel at Goodmans LLP, we were tasked with settling Contribution Agreements with the City and the Province, which define the public sector's contribution to the creation of the affordable units. The project will include 1500 purpose-built rental units, of which 30% will meet the Province's affordability requirements.




Tax Cuts are Great! ... Except When they Increase Your Taxes
by Arin Klug

Around this time last year, the federal government released a set of proposals specifically aimed at eliminating a number of perceived tax advantages that were available to the owners of private corporations. By October, after business owners and professionals spent the summer loudly voicing their objections, Finance back-peddled at full speed, and one-by-one the July 2017 tax proposals were significantly scaled back or abandoned entirely.

Click here to read more ►


Builder Bites Newsletter - “Tarion's Adventure into Residential Condominium Conversion” & “The Lawyer: GTA Builders Under Siege”
by Leor Margulies

Click to read “Tarion's Adventure into Residential Condominium Conversion” ►
Click to read “The Lawyer: GTA Builders Under Siege” ►




John Fox's & Tara Welat's Speaking Engagements

  • Real Estate Group partner John Fox delivered a webinar on procurement matters through the SHARE program at Housing Services Corporation on May 09, 2018. The webinar is aimed at housing providers across Ontario. The presentation can be accessed at the following link: Click here ►
  • On May 15th, 2018, Real Estate Group partner John Fox and associate Tara Welat both spoke at the Land and Development Conference. John joined a panel which included Minister of Housing Peter Milcyn to discuss changes in Ontario legislation over the last year. The government has been busy – rent control, inclusionary zoning and the replacement of the Ontario Municipal Board were all on the agenda. Also on the panel were Mike Czestochowski and Steve Diamond of Diamondcorp. Our summary of some of these changes is available on our “Housing Page” at the following link: Click here ►

  • Real Estate Group lawyer Tara Welat spoke on a panel with Shamez Virani, President of CentreCourt Developments, Alexandra Khazzam, director of development of Hines, Anne Morash, Senior VP of GWL Realty Advisors and Matthew Slutsky from Buzzbuzzhome, moderated by Matthew Boukall of Altus Group, addressing current market trends and development concerns facing condominium developments and the purpose built housing market.



38th Annual BILD Award Winners – Record Attendance

Over 1,300 BILD members and other industry representatives attended the 38th BILD Awards. 51 awards were given out which was Friday, May 4, 2018.

Congratulations to all of the finalists and winners, including a number of our clients such as Kylemore Communities for Best Model Suite at The 6th Angus Glen, and to Sean Mason Homes Inc. for being a finalist in the Best New Community for its innovative townhouse community in Barrie. This award was won by Menkes Developments Ltd. for its 1,200 unit Harbour Plaza and One York Project. The Harbour Plaza project was financed by a consortium of lenders led by the Bank of Montreal and represented by Robins Appleby LLP. Finally, of course, congratulations to Great Gulf Homes for winning the jewel amongst the prizes, Home Builder of the Year Mid/High-Rise. These awards capped off an amazing 2017 in the home building industry.


Affordable & Social Housing

Robins Appleby LLP has established a Housing Services Team led by former Toronto Community Housing General Counsel and executive, and Real Estate Group partner John Fox. Our goal is to provide legal advice to housing providers, municipal service managers and others in the housing sector to help them meet their challenges. Whether creating new housing, dealing with the end of federal operating agreements, updating corporate structure, negotiating with an exiting employee, or helping resolve disputes, our team is available to you. We have unique experience dealing with legal matters in a housing context, including our understanding of the Housing Services Act, Government Funding and the role of Service Managers. We are active participants in the housing sector because we want housing providers to be able to continue to provide affordable and dignified accommodations to Canadians.

Our core team includes John Fox, Tara Welat and Noah Ciglen.

Click here to view our Housing Services Team flyer ►

We can assist with:

  • Corporate Structure & Financing
  • Real Estate development
  • Employment Matters
  • Litigation and Dispute Resolution
  • Tax

Congratulations Ottawa Salus Corporation

Robins Appleby LLP would like to congratulate our client Ottawa Salus Corporation on winning the National Inspiring Home Award from the Canada Green Building Council. This award is given annually to a newly built sustainable residential project.

The Inspiring Home award is presented to the team responsible for outstanding achievements of a high-performing, sustainable residential project in Canada. In this case, Salus’ Clementine Project in Ottawa. Way to go Salus!


Texas Hold'em Poker Tournament 2018

On May 15th, 2018 Robins Appleby LLP hosted our Annual Texas Hold'em Poker Tournament, our largest poker tournament to date! Over 120 players and 150 guests joined our lawyers for an evening of dining, schmoozing and cards. With the firms great lawyers and their teams, strategic plays were made which helped the winners take the crown of championship.

Congratulations to our poker tournament champions:
In 1st place: Daron Rosenbush & Catherine Murray
In 2nd place: Doni Westreich & Zack Ozani

Click here to view the photos from the evening ►

We look forward to seeing you next year!




Interview with Charlie Kim, Business Lawyer

  1. My wife shares the same name (first and last) as the North Korean leader, Kim Jong-un. She can be more diplomatic.
  2. During my time at Queen's law, I played basketball as a member of the Queen's Korean Student Association basketball team. Unfortunately, I was a "DNP" for 2 out of 3 seasons due to a torn ligament and ruptured Achilles.
  3. This is my third year at Robins Appleby LLP. Before my time at Robins Appleby LLP, I worked at a boutique law firm in Ottawa for over 6 years. I received an email from Robins Appleby LLP for an interview on the day that my daughter was born (she was born at the Scarborough Hospital). After driving back and forth from Toronto to Ottawa to pick up my suit, and two interviews with the partners, I received a job offer to become an associate in our Business Law group. Suffice to say, my first few months at the firm was a blur: from packing and moving to Toronto, becoming a father for the very first time, getting accustomed to a new firm.
  4. I went to law school with a conviction that I wanted to do practise Business Law. I had majored in business in my undergrad, and I knew that I wanted a career where I was helping to facilitate successful business deals. The job may not always be glamorous, but I can certainly say that I enjoy what I do, and take pride in my job.
  5. If I met myself in first year of law school, I would say the same thing that I say to our summer and articling students; I would tell myself that the key to becoming a good lawyer is being a consummate professional – maintaining a positive attitude and outlook (even during the toughest times) and working hard (not sometimes but consistently). But most importantly, you have to care – about the file and especially the client that you represent.


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The comments contained in this newsletter provide general information only and should not be relied upon as legal advice. Further particulars on the matters summarized in this newsletter, their implications and suggested courses of action, can be obtained from Robins Appleby LLP using the contact information provided herein. This e-mail is being sent to you as a contact of our Firm.


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