Condominiums
- Overview
- Who To Contact
- Representative Matters
- Recent Developments
The Aird & Berlis Condominium Group acts for some of the largest condominium developers in the Greater Toronto Area and across Canada. Leveraging extensive market knowledge and expertise, we guide clients confidently through every stage of the condominium development and sales process.
We assist our clients with site acquisition and joint venture structuring, production of sales and condominium disclosure documentation, government approvals, registration, closings and turnover. We assist with vendor/builder licensing under HCRA and project enrolment with Tarion, construction contracts, deposit administration, construction financing and deposit surety financing. Post-turnover, our lawyers continue to guide clients through ongoing obligations under governing legislation and warranty requirements, helping them manage relationships with unit owners and condominium corporations. The sophistication of our documentation, tracking systems and execution processes creates tangible value and distinguishes Aird & Berlis from other real estate development firms.
Backed by deep market insight and sophisticated project management, the Aird & Berlis Condominium Group is consistently recognized for its excellence in real estate law and for providing exceptional value to clients. We act for leading condominium developers, owners, municipalities and government agencies on all aspects of residential, commercial and mixed-use projects, as well as on policy and regulatory initiatives that shape the industry. Our team collaborates closely with the firm’s real estate, municipal and land use planning, construction and litigation lawyers to deliver informed and cost-effective solutions.
Combining sector expertise with innovative, results-driven approaches, the Aird & Berlis Condominium Group provides tailored legal solutions across every stage of condominium development and ownership. We are proud to partner with leading developers, owners, municipalities and government agencies to help shape the growth, regulation and future of Canada’s condominium industry.
Our core services include:
- Development and Transactions: We assist developer clients with acquisitions, sales, financings, joint venture structuring, leasing, subdivisions, infrastructure cost-sharing and all aspects of residential, commercial, mixed-use and multi-phased condominium development.
- Licensing and Regulatory Compliance: We guide developers and builders through HCRA licensing and Tarion requirements, construction contract best practices and risk allocation, overseeing thousands of condominium closings annually.
- Financing and Lending: Our lawyers have extensive experience advising private and institutional lenders on acquisition, construction and long-term project financing. We also represent borrowers and lenders in security enforcement, debt restructurings and workouts.
- Project Development and Joint Ventures: We advise leading developers on project structuring, financings, acquisitions, dispositions and joint ventures, as well as on complex commercial real estate issues involving REITs, builders, lenders, landlords and tenants.
- Litigation and Dispute Resolution: We represent developers, owners, lenders and other stakeholders in condominium-related litigation, including construction disputes, warranty claims, Tarion issues, municipal or regulatory challenges and contractual disagreements.
- Strategic Collaboration: Our group works closely with other members of the firm on real estate-related matters, including mergers and acquisitions, secured lending, portfolio reorganizations and project development, providing integrated advice across transactional and litigation matters.
A selection of our representative matters includes:
- Advising Concord Adex on all legal aspects of the Concord CityPlace and Concord Park Place projects, two of Canada’s largest master-planned, mixed-use communities.
- Advising 11 Yorkville Partners, a joint venture between Metropia, Capital Developments and RioCan, on the development and sale of the landmark 11 YV condominium project in Toronto.
- Advising Great Gulf on the development and sale of 8 Cumberland, another high-profile Yorkville residential tower.
- Advising Amacon on Parkside Village, a major mixed-use community in Mississauga.
- Advising Starwood Group Inc. on a number of luxury mixed-use hotel and residential developments in Toronto and Ottawa.
- Advising Easton’s Group and Remington Group on the $100-million sale of the King Blue condominium project in Toronto to Shanghai-based Greenland Holding Group Co., and continuing to advise Greenland on the development and sale of the project.
- Advising Edenshaw Developments on boutique residential projects, including Tanu, Westport and Alba in Mississauga.
- Advising Castlepoint Realty Partners on complex downtown developments, including L Tower, Backstage and 3C (Port Lands).
- Advising First Capital Realty/Greybrook/Cityzen on the redevelopment of 140 Yorkville, a premier mixed-use project in Toronto.
- Advising Shiu Pong Group on innovative condominium projects, including Design Haus and Celsius.
- Advising Charlesfort Developments Ltd. in a successful lawsuit against the City of Ottawa regarding a land-use planning matter related to a condominium development, in which the Ontario Superior Court of Justice awarded nearly $4.5 million in damages and pre-judgment interest for the City’s negligent misrepresentation.
- Advising a leading Canadian financial institution in connection with financing provided to a large Alberta condominium developer, including negotiating a side-letter agreement for the bank regarding enforcement.
Contacts
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BioFull bio
Andrew is one of Toronto’s go-to lawyers for complex, multi-phase high-rise residential developments.
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BioFull bio
Tammy delivers a solid, practical and business-oriented legal foundation for her clients through all stages of land development and construction.
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BioFull bio
Leonard is a pragmatic real estate practitioner who provides business-focused solutions to large real estate developers across Canada.
Group Members
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Partner and Interim Chair, Student Recruitment Committee
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Representative Matters
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11 Yorkville Partners Completes Sale of Rental Units in Landmark Toronto Development
11 Yorkville Partners recently completed the sale of 81 rental apartments comprising approximately five floors of the landmark 11 YV condominium project located at 11 Yorkville Avenue, Toronto.
Recent Developments
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Article
Ontario Files New Regulation Under Condominium Act, 1998, Affecting Developer Interest Rates
The Ministry of Public and Business Service Delivery recently filed Ontario Regulation 504/22 under the Condominium Act, 1998, revoking Ontario Regulation 450/22, which would have increased the rate o... -
Event
Condominium Development in Ontario: Legislative Updates, Best Practices and Market Trends
- 11:15 AMGain insight into condominium development in the current marketplace and what to expect in the future. -
Article
HCRA Notice Re: Mandatory Inclusion of Amended Condominium Information Sheet and Licence Application Forms
The Home Construction Regulatory Authority, the provincial administrative authority responsible for licensing all new residential construction builders and vendors, has updated its Directive from Febr... -
Article
Ontario Court of Appeal: A Debtor’s Assurances May Postpone the ‘Discovery’ of a Claim
In its recent decision, Thermal Exchange Service Inc. v. Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, (“Thermal Exchange Services”) the Ontario Court of Appeal ruled that, und... -
Article
Leave to SCC Denied in Enforcement of Exculpatory Clause Over Cancelled Condominium Development
On January 20, 2022, the Supreme Court of Canada denied leave to appeal from the dismissal of a proposed class action seeking $40 million in damages over a cancelled condominium development. -
Article
Court of Appeal Upholds Dismissal of Condominium Class Action Based on a Limitation of Liability Clause
This is an update to our July 3, 2020 bulletin summarizing Justice Perell’s decision in Ritchie et al. v. Castlepoint Greybrook Sterling Inc., 2020 ONSC 3840. -
Article
What’s New at Tarion Commencing February 1, 2021
There are a number of changes to Tarion’s structure, processes and documentation commencing 2021 that require the attention of developers. This alert will summarize some of those items effective Febru... -
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New Obligation for Condominium Developers Coming Into Force on January 1, 2021
Upcoming changes to the Condominium Act, 1998 will come into force on January 1, 2021 that will add an additional document which must be delivered by developers to purchasers of condominium units. -
Article
Court Enforces Exculpatory Clause Dismissing Condominium Class Action
Over the last several years, we have seen the cancellation of several significant condominium developments. In response, for projects going to market after January 1, 2020, Tarion now requires that ag...
