Tom Keenan, Professor, Faculty of Environmental Design, University of Calgary, Technology & Cyber Expert and Author of Technocreep

Tom Keenan combines deep technical knowledge with lively insights into how to maximize the benefits of technology while minimizing the risks. He was educated at Columbia University, and is a popular professor of Environmental Design and Computer Science at the University of Calgary. Tom taught Canada’s first computer crime course and has investigated major cyber security disasters that made the news, and many that didn’t. He served on the Government of Canada’s Blue Ribbon Panel on Smart Communities, and helps select the Intelligent Community of the Year. The 2013 winner was Toronto, buoyed by achievements from Waterfront Toronto to the MaRS Discovery District. Tom is a passionate believer in the power of technology to improve the built and human environments, and in the need for decision makers to embrace it intelligently. In his best-selling book, Technocreep, he dissects many of the darkest corners of technology. Tom will share insights on:

• How big data and analytics will shake up the real estate industry
• When and how to share data and when to keep it private
• How people decide if something is creepy or cool — and how that may change
• The new meaning of location, location, location
• Smart ways to protect against cyber thieves and high tech vandals
• Tech tools that help you succeed while staying safe

SESSION B1:
LANDLORD & TENANT RIGHTS AND REMEDIES: ISSUES THAT YOU NEED TO UNDERSTAND IN TODAY’S MARKET

Rights and remedies are an established common element of commercial real estate leases that are at times contentious issues for landlords as well as to tenants. This panel will examine a range of issues beginning with five common default scenarios: what are the reactions of the respective parties; what makes sense; and how are litigators contending with these clauses where defaults occur. They will also discuss the differences and latest practices in rights of expansion, rights of contraction, early termination, rights of first refusal, rights of first offer, co-tenancy clauses, exclusives, renewal options and other real estate leasing tools. What are tenants asking for and why in today’s market? What are some sources of common conflict between a landlord and a tenant over special rights and how can they be avoided through the drafting process? Both landlords and tenants are trying to build flexibility, and control, into their leases. How can competing interests co-exist? How are litigators contending with these clauses where defaults occur? Where does the law of waiver fit in? Learn how these issues are addressed from the perspective of a landlord, a tenant, and a litigator in today’s market conditions.

Moderator:
Jane Helmstadter, Partner, Bennett Jones LLP

Panel:
Sheldon Disenhouse, Partner, Dentons Canada LLP
Leanne Fasciano, Associate, McLean & Kerr LLP
Nancy Prenevost, Vice President, Legal, Oxford Properties Group Inc.
Cory Sherman, Partner, Sherman Brown Barristers & Solicitors

SESSION C1:
MAXIMIZING YOUR ASSET’S REVENUES IN THE CURRENT LEASING MARKET

A discussion on how leasing strategies are shifting towards attracting tenants and standing out through creative renovations, positioning, and the uniqueness of the property. From REITs and pension fund advisors to passive equity investors and privately-owned companies, the range of asset management practices, policies and strategies in today’s market can be quite considerable. One challenge they are addressing is how a real estate entity grows in a market where there has been a decline in investment activity. Aside from developing new properties in some instances, their focus is on creating greater value from their existing assets. This session will examine how leasing transactions and activities are part of the core of growing a building’s NAV. Discussion will focus on a broad range of topics including: how important is operational excellence as a way to raise the quality of the landlord’s brand in this very competitive leasing market and to tenant retention; and how are landlords using creative renovations and positioning of the property as a strategy to attract tenants. What are some of the most effective ways of increasing the value of your existing assets while in turn providing greater value to your tenants? 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? What key benchmarks and metrics are being used by landlords to evaluate their real estate portfolio performance?

Moderator:
Antoinette Tummillo, Executive Vice President, Canada, Real Estate Management Services, Colliers International

Panel:
David Hoffman, General Manager, Toronto-Dominion Centre, The Cadillac Fairview Corporation Limited
Nick Stryland, Vice President, Portfolio Management, Central Region, Dream Industrial REIT
Theresa Warnaar, Vice President, Portfolio Management, Retail, KingSett Capital

SESSION D1:
INTERACTIVE GROUP SESSION: BE AN EFFECTIVE NEGOTIATOR – BEHAVIOURS YOU NEED TO LEARN

Every part of our lives is a negotiation; but what sets exceptional negotiators apart from the crowd? Come and learn what separates an effective negotiator from the average. This session will be a highly interactive in nature so come ready to learn and collaborate with your peers. Join us as we explore proven research, new strategies, and innovative techniques to make you stronger, better, and a more skilled negotiator.

Speakers:
Catherine Bray, Partner & National Leader, Commercial Leasing Group, Borden Ladner Gervais LLP
Maurice Mazerolle, Associate Professor, Human Resources/Organizational Behaviour, Ted Rogers School of Management, Ryerson University

MORNING REFRESHMENTS

CONCURRENT SESSIONS (SELECT A2, B2, C2, or D2)

SESSION A2:
HOW THE 905 OFFICE MARKET IS REALLY PERFORMING? FROM CHALLENGES THAT IT FACES TO EMERGING OPPORTUNITIES

Given the volume of new development in downtown Toronto, there is a considerable amount of “spin” that a surprising number of tenants are leaving suburban office locations and heading into the inner city. To what extent is this trend true? How much migration is there actually and why? Are we facing a growing unbalanced and highly segmented market where an increasing number of 905 office buildings will face leasing challenges? Or is more occurring here than meets the eye? Over 100 million sq.ft. of GTA office space is outside the downtown core. How much other new space is coming onto the market from purpose-built office projects and mixed-use developments across the 905? In terms of suburban leasing activity, is the West still best or do Vaughan, Markham and other nodes have compelling benefits that are attracting tenants? What is the profile of the tenants in the suburban markets? This panel discussion will provide some clarity to the overall GTA suburban office market.

Moderator:
Werner Dietl, Executive Vice President & Managing Director, Toronto West Office CBRE Limited

Panel:
David Carreiro, Executive Vice President, First Gulf Corporation
Adam Lazier, Partner, Slate Asset Management LP
John Shields, Vice President, Leasing, Dream Office REIT
Scott Watson, Partner, Leasing & Marketing, Crown Realty Partners

SESSION B2:
RAPID FIRE LEGAL ROUNDTABLE: ADDRESSING EIGHT CURRENT LEASING ISSUES IN 60 MINUTES

A fast-paced session that will cover an assortment of “odds and sods” that people often experience in the leasing process and do not always fully understand. Each issue will be addressed by a legal expert in approximately eight minutes or less. Among the questions that will be covered are the following:

• Operating cost estimates – What good are they if they can’t be relied upon?  Why landlords don’t like to give them and how can tenants be satisfied they are reasonably accurate.
• “Make Good” Provisions – What does it mean when a tenant has the obligation to return the leased premises in the condition they were in at the commencement date? If improvements were made to the leased premises, will the tenant have to remove them and restore the leased premises to their original condition?
• Accessibility for Ontarians with Disabilities Act – What implications does this legislation have on leases? What do landlords and tenants need to understand about the Act?
• What does quiet enjoyment really mean? – Why are there growing occurrences of this issue in today’s market? Is it due to the increase in redevelopment activity in built-up areas?
• Changes during the term of the Lease – What are some potential scenarios whereby changing legal, technical or financial circumstances can arise during the term of the lease? How to settle the matters in the best interests of all parties?
• Dealing with the outrageous Landlord or Tenant – There are limits to what the parties to a lease can foresee and try to protect against when drafting lease clauses. What do you do when you face a defaulting landlord or tenant who has a “sue me!” attitude and won’t play by the rules?
• How to properly draft arbitration clauses? – Is it a remedy?  Should they be final and binding?  How do they apply to ground lease situations?  Should you use a single arbitrator or a panel of three?
• Signing a lease in a building under construction – What happens if there are changes during the construction phase and alterations to the original footprint? What issues can arise due to construction delays and how can they be resolved?

Speakers:
Harvey Haber, Q.C., Senior Partner, Goldman Sloan Nash & Haber LLP
Laurie Sanderson, Partner, Gowlings Lafleur Henderson LLP
David Thompson, Partner, WeirFoulds LLP

SESSION C2:
LEASING ISSUES AND CHALLENGES THAT YOU MAY ENCOUNTER IN MIXED-USE DEVELOPMENTS

Every strong community has a vibrant mixed-use core where people gather: where commerce, culture, recreation, entertainment, education and inspiration meet. This session will examine how economic, demographic and social forces are reshaping all of the cities within the GTA, and what the implications of these key trends are for real estate development activity going forward. What type of innovative and successful projects are emerging? What are the factors responsible for the trend towards more mixed-use development? What are some of the complex leasing issues associated with mixed-use projects and the different interests of the joint venture partners (residential vs. retail vs. office vs. hotel)? How are these different users creating challenges to operational harmony? Can placing large tenants into multi-use projects create issues? Specific examples will be used to identify and evaluate the challenges that may arise. For example, how is the typical floor plate adjusted for retail uses; what happens when you develop a retail lease within a condominium setting; and how do you manage the parking provisions when customers for the retailers use spaces reserved for the residents in the building?

Panel:
Greg Evans, Executive Vice President, The Behar Group Realty Inc.
Jeff Hull, President, Hullmark Development Ltd.
Godyne Sibay, Partner, McCarthy Tétrault LLP
Tom Smith, Senior Vice President, Development & Leasing, Enclosed Malls, SmartCentres
Ashley Wedlock, Director, Urban Properties, KingSett Capital

SESSION D2:
NEGOTIATING STRATEGIES FOR TODAY’S MARKET: HOW TO UNDERSTAND THE DEAL, RESOLVE KEY ISSUES, AND CLOSE THE TRANSACTION

What can be done to resolve these differences? Are there any particular creative ways to complete a successful transaction? What are some styles of negotiations that can be particularly effective? What is the importance of determining desired outcomes before negotiations begin? How long should it take to finalize a deal? Under what circumstances would an owner offer an inducement or allowance in this market? How can leasing transactions and activities be influenced by, and differ among, various types of asset managers?

Moderator:
Stephen Messinger, Senior Partner, Minden Gross LLP

Panel:
Jon Dawson, Director, Transactions, Enterprise Real Estate, TD Bank Group
Nick Macrae, Senior Portfolio Manager, Real Estate, HOOPP
Angela Mockford, Lawyer, WeirFoulds LLP
John Peets, Vice President, Leasing, Oxford Properties Group Inc.

LUNCHEON REFRESHMENTS

MINI ROUNDTABLE DISCUSSIONS – WITH THE EXPERTS AND YOUR PEERS!

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 (Group 1A)
Jeff Thomas, Managing Partner & Broker, Ashlar Urban Realty Inc. (Group 1B)

Topic 2: Suburban Office Market Across the 905

Howard Bogler, Senior Vice President & Practice Lead, Suburban Tenant Representation, JLL

Topic 3: Industrial Leasing Market in the GTA

Gord Cook, Executive Vice President, Colliers International

Topic 4: Retail Leasing Market Trends in the GTA

Matthew Smith, Senior Vice President, National Retail Investment Group, JLL

Topic 5: Urban Retail Formats: Trends in Downtown Toronto

Chris Tarrant, Executive Vice President, Real Estate Services, Oberfeld Snowcap Inc.

Topic 6: Role of Technology and Social Media in Marketing and Leasing

Shawna Rogowski, Director, Altus InSite

Topic 7: The Continuing Debate Over Operating Costs

Bob Fraser, Associate, Real Estate Group, McMillan LLP and Blair Brooks, Legal Counsel, The Cadillac Fairview Corporation Limited

Topic 8: Landlord & Tenant Rights During Building Renovations/Demolitions

Jamie Paquin, Partner and Jenna Morley, Associate, Daoust Vukovich LLP

Topic 9: Five Lease Clauses That Do Not Get Enough Respect

Syll Kushner, Partner, Gowlings LLP (Group 9A)
Lauren Dalton, Associate and Michael Gilburt, Associate, Blaney McMurtry LLP (Group 9B)

Topic 10: The Challenges of Leasing in Mixed-Use Developments

Karsten Lee, Partner, WeirFoulds LLP

CONCURRENT SESSIONS (SELECT A3, B3, C3, or D3)

SESSION A3:
INDUSTRIAL LEASING ACROSS THE GTA: A TALE OF TWO MARKETS? WHERE ARE THEY HEADING? WHAT IS THE FUTURE FOR OLDER BUILDING STOCK?

Industrial real estate across the GTA appears to be a very polarized. It also can be categorized as a tale of two markets comprised on the one hand of new modern warehousing buildings of which there could be an undersupply vs. older vintage properties with marginal uses. Traditionally, there has been a lack of demand for most of the older stock (which is over 50% of the total market) and not suited for the needs of modern logistics. However, is the manufacturing sector beginning to get stronger as the U.S. economy grows and the Canadian dollar plunges? This session will examine both of these economic trends, and the extent to which Toronto is perceived as a “no growth” major industrial market. From a leasing perspective, what are the natural step downs in an industrial lease negotiation at this time? What can be compromised? What are some of the significant differences in transactions and negotiating styles involving U.S. vs. Canadian tenants or landlords? What will result in rental rates increases?

Panel:
Hanan GoldFarb, Vice President, Industrial, JLL
Chris Holtved, Senior Portfolio Manager, Real Estate, HOOPP
Matthew Johnson, Director, Investments, KingSett Capital
Jonathan Rovira, Director, Leasing – Eastern Canada, Pure Industrial Real Estate Trust

SESSION B3:
MODERN DAY LEASES AND DEAL-MAKING: THE PERSPECTIVES OF IN-HOUSE AND OUTSIDE COUNSELS

An interactive session featuring tenants, landlords, brokers and lawyers examining key points of view and the potential to create a simpler modern day lease. To what extent is this feasible and possible? An increasing number of clients, for example, are making explicit demands on what they want to pay for the legal work involved and what their timing expectations are. What would need to change in order to speed up the process? Everyone has the same goal – to get the deal done. So what creates the challenges to expediting the leasing process and the executed document? How are other cultures and legal systems doing deals in their markets? What can we learn and leverage from outside Canada? With all the changes in technology should we rethink the way deals get done, eg. electronic signatures. Elements of standard lease provisions will be examined for potential modifications. Variations will be explored, comparing the position of the landlord to the perspective of a tenant for retail, office and industrial space. Collaboration, flexibility, efficiencies, cost effectiveness, complexity – how can these also be applied to creating a more expeditious lease.

Moderator:
Lisa Borsook, Executive Partner, WeirFoulds LLP

Panel:
Merv Allen, Senior Director, Legal Counsel, McDonald’s Restaurants of Canada Limited
Dennis Daoust, Partner, Daoust Vukovich LLP
Jordan Hill, Director, Legal Services, The Cadillac Fairview Corporation Limited
Monty Warsh, Partner, Aird & Berlis LLP

SESSION C3:
RECENT RETAIL FAILURES AND DOWNSIZING: WHAT LESSONS HAVE WE LEARNED FROM THE EXPERIENCES OF TARGET AND OTHER CHAINS?

For what some consider to be a very small national market, the Canadian retail landscape is still very competitive. Some of the results of this competition have included, to the surprise of many, the 2015 closure of Target after its entry into Canada only a few years ago. Coupled with this have been several other chains closing down including Future Shop, Jacobs and Blacks, to name but a few. What have been the principal reasons for these failures? This session will try to analyze and understand some of the market fundamentals that precipitated these actions and to suggest what landlords should consider from a leasing perspective. With respect to Target, if landlords had to do the leases all over again, what would they do differently – if anything? What are the lessons we take away from this, and how can the landlords protect themselves? The issues range from a risk management approach to potential insolvency, seeking and obtaining guarantees, to co-tenancy issues, assignments etc. When a failure occurs, what process should a tenant and landlord ideally follow? Is CCAA an effective tool? What alternative uses are being proposed to backfill the vacant spaces?

Moderator:
Natalie Vukovich, Partner, Daoust Vukovich LLP

Panel:
John Brunt, Partner, Blaney McMurtry LLP
Glenn Featherstone, Vice President, Retail Leasing, Morguard
Jodi Shpigel, Senior Vice President, Central Canada, First Capital Realty Inc.
Ellen Williamson, Vice President, Legal & Assistant General Counsel, The Cadillac Fairview Corporation Limited

SESSION D3:
DESIGN, COST & MANAGEMENT OF AN OFFICE OR RETAIL SPACE BUILD-OUT: HOW TO BE ON BUDGET AND REDUCE YOUR RISK

A considerable number of office and retail tenants are undertaking projects to enhance their workplace environments, to open a new store location or to upgrade an existing one. This session will examine how a construction schedule really works and the key elements of effective project management. The goal will be to provide strategic advice on how to successfully manage a buildout or leasehold improvement (from the perspective of a landlord or a tenant) in today’s market. Discussion will cover such as issues as: being ready on time; managing project costs given the uncertainty in labour, material, and construction costs; the principal phases of a project; key milestones; and delivery dates and penalties. What are defined as tenant space vs. landlord space within the floor of a building? What are their respective work obligations? How are a constructor’s obligations affected when the scope of work has been altered? How important are measurement clauses in a lease with respect to tenant build-outs? What are the implications of delays in completing a project, eg. what causes them, how do you deal with them, what are the penalties and for whom? Who is responsible for the cost of capital expenditures vs. common building maintenance? What are some of the most common strategies for upgrading an older building to meet current and changing tenant needs and expectations?

Moderator:
Michael Harvey, Managing Director, MJH Realty Advisors Inc.

Panel:
Gerard McCabe, Managing Director, Canada, Turner & Townsend

Gary Stanhope, Vice President, MHPM Project Managers Inc.

Jon Taylor, Senior Partner & Co-Owner, Govan Brown & Associates Ltd.

Eric Yorath, Principal, figure3

CONCURRENT SESSION (SELECT A4, B4, C4, or D4)

SESSION A4:
THE TRANSFORMATION OF THE RETAIL MARKET AND TRADITIONAL FORMATS: NEW TENANTS, URBAN DEMAND, E-COMMERCE, OUTLET MALLS

The Canadian retail market is continuing to experience some dramatic change. While some U.S. and European retailers continue to enter Canada, other domestic and foreign chains are closing. Some pundits are predicting the decline and potential obsolescence of power centers. One aspect of that view is that the popularity of Wal-Mart with Canadian shoppers. How much risk does e-commerce pose and to which portion of the Canadian retail market? The data shows that unlike American shoppers, Canadian online buying is still below 3% of total retail sales. What omni-channel strategies are retailers pursuing to How are regional shopping malls transforming to meet the needs of today’s consumer demographics? What has been the experience with the new premium outlet centers that have opened in Canada – a flash in the pan or a solid new trend? What impact is inner city condominium development having on retail formats to serve that new market segment? How are traditional retailers adapting to this urban environment? How is the luxury market being segmented especially in fashion? What innovations are appearing in the market? Do you need online before you open up a store in Canada? Is online presence essential to success in the Canadian retail landscape.

Moderator:
Matthew Smith, Senior Vice President, National Retail Investment Group, JLL

Panel:
Toran Eggert, Senior Vice President, Portfolio Management, Primaris Management Inc.
Jeff Ross, Senior Vice President, Leasing, RioCan REIT
Nicole St-Louis, Counsel, Commercial Real Estate Group, Ottawa, Borden Ladner Gervais LLP
Chris Tarrant, Executive Vice President, Real Estate Services, Oberfeld Snowcap Inc.

SESSION B4:
GOOD FAITH AND OTHER RECENT CASE LAW: IMPLICATIONS FOR ASSET MANAGEMENT STRATEGIES AND LEASE NEGOTIATION

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 must 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. A key part of the discussion will focus on good faith and bargaining. This will include an examination of the Bahsin Hrynew case which involved a unanimous Supreme Court of Canada decision recognizing that good faith contractual performance is a general organizing principle of Canadian common law, and that parties to a contract are under a duty to act honestly in the performance of their contractual obligations. The case marked the first time our highest court has examined whether parties owe a duty of good faith in contractual performance. What does this mean in a leasing context? How should you deal with consent both pre and post negotiation?

Moderator:
Stephen Posen, Senior Partner, Minden Gross LLP

Panel:
Melissa McBain, Partner, Daoust Vukovich LLP
Susan Rosen, Partner, Gowling Lafleur Henderson LLP
William Rowlands, Partner, Co-Chair Commercial Leasing Group, McMillan LLP
Sarah Turney, Associate, Fasken Martineau DuMoulin LLP

SESSION C4:
THE GROWTH IN SALE LEASEBACKS: STRUCTURING THESE DEALS FOR SUCCESS

Sale leasebacks are increasing as companies capitalize on the value of their real estate. This is particularly common among office and industrial properties. Investors on the other hand are drawn to these opportunities where they can obtain quality at the end of the term. It is important to recognize that each one is often a unique deal – a person cannot simply begin the process with a standard lease form. This session will examine some of the major elements that are involved in the negotiation and structure of a sale leaseback. For example, what if the vendor of the asset and therefore the future tenant wants to self-manage the process? What does that mean? What is the management fee to charge when a tenant is self- managing? What are some of the key aspects of the sale and purchase agreement? What is contained in a typical lease for these situations? How do you ensure that the lease aligns with the sale agreement? How are tenant improvements, financing, non-disturbance, binding on successors and many other factors managed within these negotiations?

Moderator:
Jim McIntosh, Senior Vice President, Colliers International

Panel:
Catherine Bray, Partner & National Leader, Commercial Leasing Group, Borden Ladner Gervais LLP
Joseph Grignano, Partner, Blake Cassels & Graydon LLP
Michael Mackenzie, President, Skyline Commercial Asset Management Inc.

SESSION D4:
RE-POSITIONING AN EXISTING ASSET – IMPLICATIONS FOR LEASING STRATEGIES

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 small percentage of the total building stock. What are the options facing existing properties with respect to enhancing the quality of their buildings beginning their energy and environmental performance? What steps can owners of existing buildings take to improve the operational efficiency, amenities and image of their properties to ensure that their space remains competitive in the market? What can you do with B or C buildings to maintain or improve its Net Asset Value? This session will examine specific asset management, marketing, and capital strategies that you can lead to re-position a property in order to extend its attraction for tenants and its value for owners. An interactive approach will be used to examine this theme in detail with everyone participating at roundtables, and providing their feedback to a panel of asset management executives.

Moderator:
Peter McFarlane, Vice President, LaSalle Investment Management

Panel:
Lucas Manuel, Vice President, Asset Management, Slate Asset Management LP
Rodney McDonald, Principal, Consulting & Project Management Services, Avison Young
Jonathan Olynick, Managing Director, Leasing & Asset Management, Manulife Real Estate

ADJOURNMENT