Real Estate

The real estate industry is fast-paced and complex, demanding clear judgment and decisive action. As one of the largest real estate law groups in Canada, we provide full-service legal support to developers, REITs, municipalities, lenders, property managers, institutional investors and international businesses entering or expanding within the national real estate market.

Our Real Estate Group is recognized for its transactional expertise, helping clients unlock value throughout the property lifecycle – from land assembly and acquisition to financing, leasing, asset management and eventual sale. We represent Canadian and international clients in both single-asset and multi-property portfolio deals, guiding them through due diligence, title and off-title review, regulatory and environmental considerations, closing strategy and risk allocation. Whether managing a large-scale mixed-use project, refinancing a national portfolio or addressing cross-border acquisition risks, we provide practical advice that supports execution and long-term success.

With many years of collective experience, we routinely combine legal advice with practical knowledge of industry standards, providing insight that clients consistently find valuable. We have extensive experience across all real estate asset types, including commercial, industrial, multi-residential, retail, hotels, refineries and retirement residences. We are also regularly engaged by international clients on cross-border acquisitions and joint ventures.

Working seamlessly with colleagues in capital markets, tax, litigation, municipal and environmental law, we deliver integrated, industry-specific guidance that keeps deals on track. Our team is known for spotting issues early, offering clarity when timelines are tight and stakes are high.

Our core services include:

• Transactions & Acquisitions/Dispositions: We represent clients in the purchase and sale of all types of real estate, from single assets to complex multi-property portfolios. Our lawyers handle due diligence, title matters, risk allocation and closing strategy to ensure transactions are executed efficiently and strategically.
• Condominium Projects: We help developers structure and complete condominium projects from start to finish. This includes guidance on disclosure documents, sales and marketing compliance, Tarion warranty administration, deposit protection, builder licensing, registration and closings. We also advise on post-turnover obligations and governance matters. Our team supports a wide range of condominium models, including mixed-use and phased developments that incorporate residential, commercial and institutional components.
• Distressed Projects: We assist clients in navigating distressed real estate challenges by managing enforcement and restructuring processes such as foreclosures, receiverships, CCAA and BIA proceedings and workouts. We represent lenders, developers, landlords, tenants and court officers on matters ranging from single assets to large portfolios. Trusted for precedent-setting restructurings, we provide strategic guidance to clients facing market disruption and complex distress situations.
• Financings: We advise lenders and borrowers on a wide range of real estate financing transactions. Our experience includes conventional mortgage lending, mezzanine financing, private placements, bond offerings and infrastructure project financing. We also support creative financing structures, such as synthetic leases and syndicated loans. Our lawyers assist with mortgage enforcement, including power of sale, foreclosure and covenant enforcement proceedings.
• Hospitality: We provide strategic legal support to hotel owners, operators and developers. Our work includes hotel acquisitions, dispositions, management agreements, franchise arrangements, construction and project financing. We understand the operational and brand requirements that govern hotel investments and have led major hotel transactions across Canada, including boutique properties and multi-asset portfolios.
• Leasing: We act for both landlords and tenants on commercial lease negotiations and workouts. Our lawyers structure and document office, industrial, retail and ground leases, as well as rooftop licences, solar agreements and wind turbine arrangements. We assist U.S. and international brands with market entry and Canadian leasing strategy, and have deep experience in LEED-certified properties. We also advise on enforcement, dispute resolution and restructuring in distressed situations.
• REITs: We advise public and private REITs on real estate transactions, structuring, leasing, tax, securities compliance and financings. Our team includes lawyers from across the firm who work collaboratively to support REIT clients with equity and debt offerings, SIFT rule compliance, and complex acquisitions and dispositions. We are longtime trusted counsel to Allied Properties REIT, the Skyline Group and other prominent industry players.

With decades of combined experience, a national and international client base and a deep understanding of Canada’s property market, the Aird & Berlis Real Estate Group delivers practical legal advice that drives real-world results. Whether you’re launching a new development, negotiating a lease, financing a portfolio or addressing environmental and infrastructure issues – we’re here to help you move forward with confidence.

Representative Matters

Aird & Berlis has significant experience advising clients across the real estate sector. Representative matters our lawyers have acted on or are presently engaged in include:

• Represented Allied Properties Real Estate Investment Trust (TSX:AP.UN), a leading operator of distinctive urban workspace in Canada’s major cities, in the sale of its network-dense urban datacentre portfolio to Japanese telecommunications provider KDDI Corporation for $1.35 billion.
• Represented Allied Properties Real Estate Investment Trust (TSX:AP.UN) in its $400-million offering of senior unsecured debentures in two series.
• Represented Allied Properties Real Estate Investment Trust (TSX:AP.UN) in the acquisition from Westbank of a 90% ownership interest in 400 West Georgia Street in Vancouver and an additional 45% ownership interest in 19 Duncan Street in Toronto.
• Advised First Capital REIT on its $56-million acquisition of a former partner’s 50% interest in a development site and the subsequent $156-million conveyance of a 50% interest in the property to Pemberton Group, as well as on the structuring of the strategic partnership between First Capital and Pemberton to develop the 28-acre site into a master-planned, mixed-use, transit-oriented neighbourhood.
• Advised First Capital REIT in its disposition of 5051 Yonge Street in Toronto for a sale price of $50 million.
• Advised Altree Developments Inc., Westdale Construction Co. Limited and Avenir Jersey Developments Limited (a company owned by associates of Lanterra Developments Inc.), as the sponsors, in West Side Square Development Fund’s US$50-million initial public offering and acquisition of an interest in the development of the West Side Square Project, which includes a 477-unit rental building and 9,800 square feet of commercial space at 66 Broadway in Jersey City, New Jersey. 
• Advised the Ontario Ministry of Economic Development, Job Creation and Trade on all aspects of its winning bid for Volkswagen’s first overseas gigafactory, a several-billion-dollar investment that is one of the largest in Canadian history.