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2013 Program

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Title

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Principal Sponsoring Association

Oxford-logo

Principal Sponsoring Association

Realpac-logo

Gold

Daoust-Vukovich-logo
Manulife-real-estate-logo

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Supporting Associations

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All delegates will automatically be registered to attend the Colliers International Market Update Presentations.

Wednesday, October 2, 2013

7:00 a.m.

REGISTRATION & CONTINENTAL BREAKFAST

Colliers International Logo

7:50 a.m.

INTRODUCTION AND HOST FOR THE OPENING SESSION

Scott Addison, President, Eastern Canada, Colliers International

ECONOMIC OUTLOOK FOR 2014:
CAN CANADA CONTINUE TO WEATHER THE UNCERTAINTY IN GLOBAL CONDITIONS? WILL THE U.S. RECOVERY PICKUP MORE STEAM?

How will the U.S. and Canadian economies likely perform in 2014? Both have been unpredictable, with tax hikes and sequestered spending cuts throwing a wrench in U.S. economic gears, and the Canadian economy stuck in a transition rut between past consumer/housing- and future investment/export-led growth. The turnaround catalyst continues to be U.S. housing recovery, and all the spending, production and employment that get pulled in tow, and on which Canadian economic prospects ride. Meantime, despite the doomsters and naysayers, Canada’s housing sector continues to steer a soft landing, but turbulence looms on the horizon in the form of higher interest rates.

Michael Gregory, Managing Director, Senior Economist and Head of Canadian Rates Strategy
BMO Capital Markets

 

KEY INSIGHTS: OPPORTUNITIES IN THE U.S. COMMERCIAL REAL ESTATE AND BEYOND

Over the past year, a wide range of Canadian investors have been increasingly active outside the country – from REITs and private equity funds to pension funds and other institutional entities. The most popular market for their acquisitions and development activity has been the United States. What are the key trends driving interest and opportunities in this market? Are they here to stay or could they even become more attractive? Get a unique perspective on which property classes and U.S. markets are hot and hints to what you might expect in 2014.

Dylan Taylor, Chief Executive Officer, Americas, Colliers International

A Conference Format That Offers You Better Quality Choices

Four major theme areas with four sessions each. The program for RealLeasing 2013 has been designed to offer the greatest possible value and flexibility to asset managers, leasing executives, corporate real estate directors, in-house legal counsel, lawyers in private practice, commercial real estate brokers and others.

A wide range of the most significant leasing trends, issues, challenges, and strategies were identified and then grouped into four theme areas with each one offering four sessions.

You have a choice of attending all the sessions of a particular theme or selecting up to four various topics in two or more theme areas to make up your itinerary for the day.

THEME A
Office, Retail & Industrial Leasing Market Trends in the GTA
THEME B
Strategic Issues for Landlords, Tenants, Brokers and Lawyers
THEME C
Legal and Management Issues in Today’s Market
THEME D
Corporate Real Estate Strategies & Trends
9:25 a.m. – Session A1 9:25 a.m. – Session B1 9:25 a.m. – Session C1 9:25 a.m. – Session D1
The Changing Landscape of the Retail Market: New Tenants, Urban Formats Strategies to Reposition Older Assets to Compete with Newer Developments The Growing Use and Importance of Technology in Real Estate Leasing How Corporate Real Estate Strategies are Promoting Workplace Innovation
10:50 a.m. – Session A2 10:50 a.m. – Session B2 10:50 a.m. – Session C2 10:50 a.m. – Session D2
What Are the Drivers of the GTA
Office Markets and Development
Activity?
The Continuing Evolution of Greener Buildings Understanding How Rent Drives the Value of a Building Tenants’ Rights & Remedies
1:30 p.m. – Session A3 1:30 p.m. – Session B3 1:30 p.m. – Session C3 1:30 p.m. – Session D3
Industrial Leasing in the GTA The Growth of REITs in Commercial
Real Estate
Creating the Perfect Lease and Closing the Transaction What to Expect After Lease Signed in a Building Under Construction?
2:40 p.m. – Session A4 2:40 p.m. – Session C4 2:40 p.m. – Session C4 2:40 p.m. – Session D4
Understanding Data Centres From a Leasing Perspective Negotiating in Today’s Market Recent Case Law: Implications
for Leasing and Other Real Estate Activities
Risk Management in Commercial Leasing

9:25 a.m.

FOUR CONCURRENT SESSIONS (SELECT A1, B1, C1, OR D1)

SESSION A1

THE CHANGING LANDSCAPE OF THE RETAIL MARKET: NEW TENANTS,
URBAN FORMATS, AND THE IMPACT OF E-COMMERCE

The Canadian retail market is continuing to experience some dramatic change.U.S. and European retailers continue to enter Canada. What are the potential implications of these new entrants on landlords, developers, Canadian retail tenants, and consumers? Target vs. Walmart. Shopping centres vs. stand alones. Retail stores vs. online shopping. What does the future hold? How much change are we likely to see in formats and size, e.g. bigger is not always better, stores becoming showrooms? What impact is inner city condominium development having on urban retail formats to serve that new market segment? What will the new premium outlet malls mean to the Canadian retail landscape? How is the luxury market being segmented? How are the new entrants changing the nature of the Canadian retail lease, LOIs and transaction process?

Moderator:
Steve Messinger, Senior Partner, Minden Gross LLP

Panel:
Glenn Featherstone, Vice President, Retail Leasing, Morguard Investments Limited
Celia Hitch, Director, Retail Legal Services, Oxford Properties Group Inc.
Ken Siegel, Vice President, Leasing, RioCan REIT
Chris Tarrant,
Managing Director, Real Estate Services, Central Canada, Oberfeld Snowcap Realty

SESSION B1

EXECUTIVE ROUNDTABLE: STRATEGIES TO REPOSITION OLDER ASSETS TO
COMPETE WITH NEWER DEVELOPMENTS AND CHANGING TENANT NEEDS

Virtually every new development in today’s market is being designed with LEED certification or some high performance metric in mind. However, new construction still only represents about 1% of the building stock. What are the options facing the remaining 99% of buildings with respect to enhancing their energy and environmental performance in general? What steps can owners of existing buildings take to improve the operational efficiencies of their properties and to ensure that their space remains competitive in the market? What can you do with challenged properties to maintain or improve their NAV? Among today’s key tenants, is there a strong flight to quality? What impact does the availability or constraints of transit or transportation have on your options? What are the rights of landlords and tenants in retrofitting or doing major renovations to an existing building? This session will examine asset management strategies that you can lead to improvements in an older building’s overall environmental management and performance and its competitiveness in today’s office market.

Moderator:
John Arnoldi, Executive Managing Director, Toronto Region, Colliers International

Panel:
Jim Hewitt, Partner, Portfolio Management, KingSett Capital
Les Miller, Partner, Real Estate Management, Crown Property Management Inc.
Michael Turner, Senior Vice President, Real Estate Management, Oxford Properties Group Inc.
Stuart Wanlin, Executive Vice President, Eastern Canada, Bentall Kennedy (Canada) LP

SESSION C1

THE GROWING USE AND IMPORTANCE OF TECHNOLOGY IN REAL ESTATE LEASING AND SPACE DESIGN

Technology is becoming a significant game changer with respect to how organizations improve their productivity, their branding and their competitive position in the market. On the one hand, social media is the tsunami that is revolutionizing human interaction. This rapidly growing field is transforming how people think, make decisions, gather information and work. But what other tools are also affecting the practices of landlords, tenants, brokers and lawyers who play the key principal roles in commercial lease negotiation and transaction? Are there any transferable lessons to be learned from the range of technological innovations that can be accessed today? How can you use technology to be more effective and productive in commercial leasing and creating indoor environments? This session will examine a few practical examples of “the art of the possible”.

Moderator:
Bill Argeropoulos, Vice President & Director of Research, Canada, Avison Young

Panel:
Kevin Antaya, Senior Director, User Experience, Altus InSite
Lisa Fulford-Roy, Senior Vice President, Client Strategy, Strategic Accounts and Consulting, HOK
Chris Gadula, President, Space Database Inc.
Bill MacEwen, Founder & CEO, Space List

SESSION D1

HOW CORPORATE REAL ESTATE STRATEGIES ARE PROMOTING WORKPLACE INNOVATION: UNDERSTANDING TENANT PRIORITIES IN TODAY’S MARKET

This session will examine a wide range of corporate real estate issues from the tenant’s and occupant’s point of view. One of the principal themes of this discussion will be to provide some insights into how significant the alignment is becoming between corporate strategies and real estate. The following are some of the questions that the panel will address:

  • What does a strategic approach to corporate real estate really mean? Does it involve establishing standards, best practices or some other organizational policies?
  • How do CREs support their company’s people, activities, and culture? What role can they play in delivering savings, supporting their corporate brand, and portfolio disaster management? How can they promote the “Enterprise” view of an initiative and be a unifying force in the organization?
  • To what extent is the traditional workplace environment undergoing a transition? What are some examples of a rethinking of office space and how it is used? How much of a factor are consolidation, collaboration, efficiency, flexibility and cost effectiveness driving leasing decision-making respectively? What are becoming the key drivers for office consumption?
  • What do you need to understand about changing demographics, technology and their impact on new modes of work?
  • How important is tenant retention to building owners and managers? If so, then what practices should they be following in dealing with tenants during the life of a lease?
  • How do CRE professionals leverage service providers (brokers, lawyers, etc.) to meet organizational goals?

What are key metrics can be used to evaluate their real estate portfolio performance?

Moderator:
Michael Rende
, Director, Leasing, Corporate Real Estate, Royal Bank of Canada

Panel:
Judith Amoils, Managing Director, Consulting Services, CBRE Limited Global Corporate Services
Mandy Sutherland, Applied Research Consultant, Steelcase Canada
Andrea Wolf-Strike, Senior Strategist, Canadian Lead, Consulting, Gensler Architecture/Design Inc.

10:25 a.m.

MORNING REFRESHMENTS

10:50 a.m.

FOUR CONCURRENT SESSIONS (SELECT A2, B2, C2, OR D2)

SESSION A2

WHAT ARE THE DRIVERS OF THE GTA OFFICE MARKETS? HOW MUCH NEW
DEVELOPMENT IS UNDERWAY? HOW ARE EXISTING BUILDINGS COMPETING?


This session will examine how the Toronto office market is performing across the 416 and 905 regions and the outlook for 2014 and beyond. To what extent is the market meeting expectations? What are the key trends in each portion of the commutershed? What are the prevailing rents at this time and where are they anticipated to be heading over the next twelve months? How do you navigate through this cycle? The flight to quality, the trickle up theory and the issue of suburban tenants moving downtown: are these short or long term trends? It was the opposite several years ago given high downtown property taxes. Is it just the downtown labour market that is bringing these employers back down here? Will there be more developments started in the next 12 months and if so in which downtown and suburban nodes? What is creating demand for this space? How are older buildings competing with new ones? How are Class B and C buildings faring in comparison to higher quality buildings? Is there migration and if so in what directions and why? Is the West still best or do Vaughan, Markham and other nodes have compelling benefits?

Moderator:
Sandy McNair, President, Altus InSite

Panel:
Robert Armstrong, Principal, Avison Young
John Peets, Vice President, Office Leasing, Oxford Properties Group Inc.
Ana Radic, Chief Operating Officer, Dundee Realty Management Corp.
Glenn Way, Senior Vice President, Asset Management GTA, GWL Realty Advisors Inc.

SESSION B2

THE CONTINUING EVOLUTION OF GREENER BUILDINGS: GREEN LEASES,
TENANT EXPECTATIONS AND OTHER TRENDS

Considerable evidence now supports the fact that it actually does not cost much more to design and construct or retrofit a greener building than a conventional new one. This session will provide an update on some of the latest leasing trends pertaining to greener buildings beginning with are they the ultimate goal for tenants and landlords? Are landlords succeeding in giving tenants what they want with respect to sustainability? How much importance do larger corporations place on being located in a green building? How competitive is a greener building in a market dominated by older conventional properties? What are the primary reasons that lead to the decision to construct or retrofit a green office building? Discussion will also focus on the growth in green leases, e.g. what do some of the model green lease look like, are there any major differences between those for retail vs. office properties, what was Oxford’s experience in the new Richmond-Adelaide project requiring all tenants to sign green leases, how do they differ if at all in LEED vs. BOMA BESt buildings, how are tenants reacting to green leases, what types of clauses are becoming more important.

Moderator:
Michael Caplice, Senior Managing Director, Office Leasing, Cushman & Wakefield Ltd.

Panel:
Joseph Grignano, Partner, Blake, Cassels & Graydon LLP
Lisa Lafave, Senior Portfolio Manager, Real Estate, HOOPP
Nancy Prenevost, Vice President, Legal, Real Estate Management, Oxford Properties Group Inc.
Nada Sutic, Director, Sustainability, Strategic Resources Group, Bentall Kennedy (Canada) LP

SESSION C2

UNDERSTANDING HOW RENT DRIVES THE VALUE OF A BUILDING: IMPLICATIONS FOR LEASE NEGOTIATION

In this unique session, the magic and mysteries of net effective (and gross effective) rent (“NER” and “GER”) calculation, the philosophy of discount and annuity rates, and the role of rent in capitalization rates and property valuation will be discussed. Issues discussed will include how soft covenants, options for expansion, leasehold improvements allowances and free rent periods all impact on the value of a building. Why is lease face rent misleading? How would you compare lease deals with different terms on an “apples to apples” basis? How should landlords set rental policy for a building using NER? How does a CFO view the financing and capital requirements of a building? How does this affect leasing transactions? Basics of property valuation and capitalization rates will also be discussed so participants have a valuation impact context for leasing decisions.

Instructors:
Michael Brooks, Adjunct Professor, Ryerson University and Real Estate Practice Group Leader, Aird & Berlis LLP
Lachlan MacQuarrie, Vice President, Real Estate Management – National Programs, Oxford Properties Group Inc.

SESSION D2

TENANTS’ RIGHTS & REMEDIES: ISSUES THAT YOU NEED TO BE AWARE OF
AND CLAUSES THAT DESERVE RESPECT

Rights and remedies are an established common element of commercial real estate leases. They are at times contentious issues for landlords as well as to tenants. Building owners have had these remedies with respect to tenant defaults for ages. This discussion will focus on how tenants can protect themselves if landlords do not fulfill their promises and obligations. The tenant needs a set of tools to deal with the different situations that can arise. For example: where the default is something the tenant can cure, then they need the ability to collect the costs back from the landlord; if the landlord does not pay, can the tenant set off against rent? This is always a big issue for both sides. U.S. tenants are wary of bankrupt landlords and want a set off in their leases that is binding on lenders too; if the tenant cannot cure or does not elect to cure, are there cases where rent should abate? Usually the argument for abatement is strongest where it is clear the tenant needs something for its business and the landlord somehow is at fault in not delivering as promised; when should the tenant have the right to terminate, e.g. if critical services are not available for a period of time, regardless of fault of the landlord; if the tenant has a right to terminate – especially where the landlord defaulted – should the landlord be responsible to reimburse the tenant for its leasehold improvements? Moving cost? Lost profits?

Moderator:
Catherine Bray, Partner, Borden Ladner Gervais LLP

Panel:
Sharon Addison, Managing Partner, McLean & Kerr LLP
Michael Bardyn, Managing Director, Greater Toronto, Manulife Real Estate
Marta Lewycky, Vice President, Legal Affairs, First Capital Realty Inc.
Nicole St-Louis, Vice President, Legal Counsel, Loblaw Properties Limited, Ontario and National Compliance

11:50 a.m.

LUNCHEON AND MINI-ROUNDTABLE DISCUSSIONS

LUNCHEON SPONSOR

LUNCHEON REFRESHMENT SPONSOR

MINI-ROUNDTABLE DISCUSSIONS – WITH THE EXPERTS AND YOUR PEERS!

Aird & Berlis Logo

Take advantage of this opportunity to participate in informal discussions on the dynamics of key legal issues, market trends, and transaction activity. Tap into the minds of experts, gain insight into proven strategies, and share experiences with your peers. You will have an opportunity to be part of one of the following small discussion groups that will be held as an extension of the luncheon. Discussion topics will include:

Topic 1 Downtown Office Market and New Developments
Sandy McNair, President, Altus InSite
Robert Armstrong, Principal, Avison Young
Topic 2 Suburban Office Market Across the 905
Joe Almeida, Principal & Senior Vice President, Avison Young
Kurt Love, Sales Representative & Vice President, Office Leasing, Avison Young
Topic 3 Industrial Leasing Market in the GTA
Rob Renaud, Senior Vice President and Managing Principal, Newmark Knight Frank Devencore
Topic 4 Urban Retail Activity and Formats in the GTA
Mervyn Allen, Senior Legal Counsel, McDonald’s Restaurants of Canada Limited
Glenn Featherstone, Vice President, Retail Leasing, Morguard Investments Limited
Topic 5 Role of Social Media in Marketing and Leasing
Kevin Antaya, Senior Director, User Experience, Altus InSite
Topic 6 The Continuing Debate Over Operating Costs
Lance Duke, National Director, Lease Audit & Administration, Brookfield Johnson Controls
Topic 7 Green Buildings and Green Leases: An Update
Joseph Grignano, Partner, Blake, Cassels & Graydon LLP
Julia St. Michael, Manager, Research & Environmental Programs, REALpac
Topic 8 Covenant Enhancement & Tenant Worthiness in This Market
Brennan Carroll, Partner, Borden Ladner Gervais LLP
Topic 9 Leasing to Government as a Tenant
Sheldon Disenhouse, Partner, Dentons Canada LLP
Topic 10 Landlord & Tenant Rights During Building Renovations/Demolitions
Rosalyn Wallace, Partner, McMillan LLP
Topic 11 Five Lease Clauses That Do Not Get Enough Respect
Matthew German, Partner, McMillan LLP
Syll Kushner, Partner, Gowling Lafleur Henderson LLP
Topic 12 The Challenges of Leasing in Mixed-Use Developments
Dennis Daoust, Partner, Daoust Vukovich LLP

1:30 p.m.

FOUR CONCURRENT SESSIONS (SELECT A3, B3, C3, OR D3)

SESSION A3

INDUSTRIAL LEASING IN THE GREATER TORONTO AREA: BUILD-TO-SUITS,
SALE/LEASEBACKS, GROUND LEASES AND OTHER TRENDS

Industrial real estate across the GTA appears to be a very polarized market that appears to finally be experiencing some upward pressure on rents. It also can be categorized as a tale of two markets comprised on the one hand of new modern warehousing buildings of which is there an undersupply vs. older vintage properties with marginal uses. There is a lack of interest for most of the older stock that is not suited for current user needs. One reason is the increasing distribution needs of the retail sector for example and not from the weak manufacturing sector. This session will examine the supply chain/logistics sector and its needs, the impact of U.S. retail expansions and online shopping, the absence of well capitalized industrial developers, and the extent to which Toronto is perceived as a “no growth” industrial market. From a leasing perspective, what are the natural step downs in an industrial lease negotiation? What can be compromised? Do asset managers understand who the real customer is – the investor or the tenant? What are some of the significant differences in transactions involving U.S. vs. Canadian tenants or landlords? Are sale leaseback transactions are growing and, if so, why? What do we need to understand about ground leases?

Moderator:
Rob Renaud, Senior Vice President and Managing Principal, Newmark Knight Frank Devencore
and President, SIOR Canada chapter

Panel:
Jeanne Banka, Partner, Daoust Vukovich LLP
Chris Holtved, Senior Portfolio Manager, Real Estate, HOOPP
Antony Lorius, Director, Deloitte Real Estate
Alistair Pickering, Director, National Industrial, Oxford Properties Group Inc.

SESSION B3

THE GROWTH OF REITs IN COMMERCIAL REAL ESTATE: IS THERE ANYTHING
THAT YOU NEED TO UNDERSTAND FROM A LEASING PERSPECTIVE?

Over the past 20 years, there has been a growth in securitized real estate that is mostly significantly represented by Canadian REITs. This has been especially strong this year with more than 15 new REIT IPOs coming to the capital markets. The size and the scope of these newer and more traditional REITs vary considerably. This session will provide an overview and understanding into what Real Estate Investment Trusts are, why is this form of real estate entity attractive to investors and managers, what impact are the new REITs having on the market, and why major retailers are among those who are using the REIT structure as a means for unleashing the hidden value in retail real estate for tenants, landlords and investors. From a leasing perspective, what difference is there between a transaction being done with a REIT as a landlord from any other form of owner?

Panel:
Simon Knowling, Partner, Torys LLP
Tom Burns, Executive Vice President & COO, Allied Properties REIT
Fred Santini, National Director, Legal, Crombie REIT

SESSION C3

CREATING THE PERFECT LEASE AND CLOSING THE TRANSACTION: WHAT ARE THE KEY POTENTIAL ISSUES AND HOW CAN THEY BE RESOLVED?


An interactive session featuring a trio of lawyers with real estate practices who will represent the various parties and points of view that are usually involved in structuring a lease and completing a negotiation. Successive versions of standard lease provisions will be presented, e.g. right of first refusal, right to extend, assignment and sub-lease. Potential variations will be outlined, explained and discussed by the panel, comparing the position of the landlord to the perspective of a tenant. What are the issues and sticking points when negotiating in today’s market and what are the arguments used to reach the middle ground? How long should it take to finalize a leasing transaction? Variations for retail, office and industrial space will also be used. Legal, logical, and business justifications for the changes requested by each lawyer will be made. The implications of the changes to each party will be also discussed.

Speakers:
Stéphanie Beauregard, Attorney, Delegatus Legal Services Inc.
Steven Chaimberg, Partner, Lapointe Rosenstein Marchand Melaçon LLP
René Gauthier, Partner, Gascon & Associates LLP

SESSION D3

WHAT TO EXPECT AFTER THE LEASES HAVE BEEN SIGNED FOR SPACE IN A
BUILDING UNDER CONSTRUCTION?

Millions of square feet of new office, industrial and retail development are under construction across the GTA. Key anchor tenants have been confirmed to enable projects to commence. Once construction begins, completion dates are announced and promoted. This session will examine what tenants can expect after the lease had been finalized, building is underway and you await the finished project. What do tenants think that they will be getting under the terms of the lease? What happens if there are changes during the construction phase and perhaps they result in an alteration to the original footprint? What are some of the issues that could arise related to delays due to construction and how can they be resolved? During the project management phase, what can the tenant expect to do?

Moderator:
Lisa Borsook, Executive Partner, WeirFoulds LLP

Panel:

Nick Joosten, Executive Vice President and National Leader, Project and Development Services Canada,
Jones Lang LaSalle Real Estate Services, Inc.
Savvas Kotsopoulos, Partner, Miller Thomson LLP
Murray Shopiro, Partner, Borden Ladner Gervais LLP
Ellen Williamson, Vice President, Legal and Assistant General Counsel, The Cadillac Fairview Corporation Limited

2:40 p.m.

FOUR CONCURRENT SESSIONS (SELECT A4, B4, C4, OR D4)

SESSION A4

UNDERSTANDING DATA CENTRES FROM A LEASING PERSPECTIVE

Data centres are exploding in today’s market in their strategic importance and their frequency. Notwithstanding this trend, there are a number of key elements that are not well understood about what some see as real estate assets while others view as mission critical technology tools. They are also a moving target as owners and tenants are constantly reevaluating their needs. The session will open with a brief overview explaining what a data centre is, how they are built, what the common issues there can be with these types of facilities, and why their lease look commonly different from most other commercial real estate ones. Discussion will then focus on what are some of the most important elements that everyone needs to know about data centres – from the developer, owner, investor and manager to the tenant, user, brokers and lawyers. Understanding the intricacies of these facilities are essential to the successful and timely completion of a lease negotiation.

Moderator:
Derek McCallum,
Partner, Aird & Berlis LLP

Panel:
Randy Borron,
Global Managing Director, Data Center Advisory Group, Cushman & Wakefield Ltd.
Greg Moore, Senior Managing Director, Project Management Canada, CBRE Limited Global Corporate Services

SESSION B4

NEGOTIATING IN TODAY’S MARKET: HOW TO UNDERSTAND THE DEAL, RESOLVE KEY ISSUES AND CLOSE THE TRANSACTION


What are the issues and sticking points when negotiating in today’s market conditions and what are the arguments used to reach the middle ground? Given current vacancy rates, has commercial space in the GTA become a “landlord’s market”? How do you determine NERs in this leasing environment? What are some of the major issues that being raised in negotiations today? What can be done to resolve these differences? Are there any particular creative ways to complete a successful transaction? How long should it take to finalize a deal? Under what circumstances would an owner offer an inducement or allowance in this market? What should you do when you have competing offers on the same space? How is the increased entry of U.S. and other global firms into the Canadian market affecting negotiating strategies? How is risk being managed by the landlords and the tenants within the leasing process, eg. tenant worthiness, covenants, security, landlord worthiness? What are the challenges for landlords in differentiating themselves in today’s market? Is it important that someone “quarterbacks” the transaction to expedite the process? What else can be done to get a deal turned around more quickly by the broker, the landlord, the lawyer, and the tenant? What do landlords wish that lawyers, brokers and tenants understood better?

Moderator:
Natalie Vukovich,
Partner, Daoust Vukovich LLP

Panel:
Samantha Farrell,
Vice President, Leasing, Dundee Realty Management Corp. and President, Toronto CREW
Jane Helmstadter, Partner, Bennett Jones LLP
Deborah Rogers, Senior Vice President, Legal, Eastern Canada, Brookfield Properties
Craig Tresham, Principal & Senior Vice President, Avison Young Commercial Real Estate

SESSION C4

RECENT CASE LAW: IMPLICATIONS FOR LEASING AND OTHER REAL ESTATE ACTIVITIES

A fast paced analysis and discussion of significant legal cases and judgments that developers, landlords, tenants, brokers, lenders, and lawyers practicing in the real estate field need to be aware of and understand. The focus will be on practical information pertaining to important precedents that can have an impact on all parties involved in commercial real estate transactions and activity.

Speakers:
Stephen Posen,
Partner, Minden Gross LLP
Sheldon Disenhouse,
Partner, Dentons Canada LLP
Bill Rowlands, Partner, Co-Chair, Leasing – Ontario, McMillan LLP

SESSION D4

RISK MANAGEMENT IN COMMERCIAL LEASING: THE IMPORTANCE OF INSURANCE AND OTHER STRATEGIES

Risk management is a key concern and management objective of all parties today. From the landlord to the tenant, from the broker to the lawyers, from the lender to the investor. The first part of the session will examine a most significant tool of risk management within the context of commercial leasing: insurance and indemnification, e.g. why are insurance clauses in leases, why do landlords/tenants care about each other’s insurance, what should these clauses cover, what is a waiver of subrogation and why is it important, why is a release better than a waiver, how is accountability for damage and destruction dealt with in a lease especially in light of recent natural disasters. The second part will focus on some current issues and trends in insuring commercial real estate. How much push back is there from tenants on the demands of landlords and their insurers these days? What are the issues that are creating the most difficulty? Some discussion will also focus on the challenges of dealing with the environmental aspects in the case of industrial, retail or office developments on brownfield sites. What are the insurance challenges for these types of properties? How are insurers dealing with asbestos abatement, toxic mould and other environmental and potential health risk issues in their policies? Discussion will also focus on the increasing use of title insurance within the leasing process, and what this resource can offer to landlords, tenants and accelerating the leasing transaction process.

Moderator:
Laurie Sanderson,
Partner, Gowling Lafleur Henderson LLP

Panel:
Robert Clarke,
Director, Commercial Services, FCT
Lance Duke, National Director, Lease Audit & Administration, Brookfield Johnson Controls
Greg Fisk,
Senior Vice President, Marsh Canada Limited
Dawn Michaeloff, Partner, Owens, Wright LLP

3:40 p.m.

ADJOURNMENT