Commercial Real Estate Development 2024
February 7, 2024 at 9:00AM PST
Live Webinar - online only!
Commercial Real Estate Development 2024
February 7, 2024
Overview
The commercial real estate industry is complex and dynamic. The sector is marked by ever-evolving market conditions, including interest rate hikes, a shifting political climate, and transformational housing-related legislation. Navigating the complexities of this dynamic sector demands a keen awareness of emerging issues and a discerning eye for creative opportunities. Advisors, developers, and industry leaders must stay abreast of the latest developments to thrive in the current economic environment.
Our exclusive one-day program assembles a distinguished cadre of seasoned experts, who will guide through what you need to know in order to stay competitive. Our program is tailored for the sophisticated professional seeking practical, actionable insights and proactive strategies. Join us for strategic discourse that goes beyond the surface, and gain a nuanced understanding of the current climate that will empower you to navigate your project with finesse and success.
Please note this program is only offered online as a live webinar event.
Key Areas Addressed:
An in-depth analysis of key commercial real estate contract clauses, including common pitfalls and risk mitigation strategies
Financing your project and how to protect your interests
Mixed-use developments and air space parcels
An update on recent case law and legislative changes, including key takeaways from recent environmental litigation
Implications of changing market conditions from the developers’ perspective
Who Should Attend:
Real estate lawyers and paralegals
Commercial real estate developers and advisors
Strata owners and operators
Municipal officials
Financial advisors
Agenda
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Sarah Batut
Fasken Martineau DuMoulin LLP
Shauna Towriss
Cassels Brock & Blackwell LLP
9:10 - Navigating the Legal Landscape: Recent Updates in Commercial Real Estate and Their Impact on Developers
Michelle F. Yung
Bennett Jones LLP
Gain insights into the evolving legal landscape
Understand how recent court decisions are impacting commercial real estate
Learn about new legislation and their implications to make informed decisions
Strategies for risk management in light of legal changes
10:00 - Questions and Discussion
10:10 - Adjournment
10:25 - Mastering Commercial Real Estate Contracts: Navigating Key Clauses and Pitfalls
Mark V. Lewis
Bennett Jones LLP
Shauna Towriss
Cassels Brock & Blackwell LLP
An in-depth analysis at key contract clauses
Identifying and dissecting potential pitfalls
Discover effective strategies to mitigate risks associated with contract clauses, including learning from real-world examples of costly mistakes
How to safeguard your interests in complex transactions
11:15 - Questions and Discussion
11:25 - Financing Your Commercial Real Estate Project
Patrick Cleary
Alexander Holburn Beaudin + Lang LLP
An in-depth discussion on:
Lender requirements
Estoppels
Subordination agreements
Attornment issues
Bare trust relationships
Guarantees
Title insurance
Construction financing
Solicitor legal opinions
Regulatory environment
12:15 - Questions and Discussion
12:25 - Lunch Break
1:15 - Skyward Bound: Unlocking the Potential of Mixed-Use Developments and Air Space Parcels
Sarah Batut
Fasken Martineau DuMoulin LLP
Dani Marshall
Clark Wilson LLP
Understanding the vital role of Reciprocal Easement Agreements in managing shared spaces and amenities
Cost sharing strategies
Explore equitable cost-sharing models among stakeholders
Financial considerations and mechanisms for allocating expenses
Real-world examples of cost-sharing successes and challenges
Identifying common pitfalls and proactive risk mitigation strategies
Post-occupancy issues and challenges
2:05 - Questions and Discussion
2:15 - Afternoon Break
2:25 - Key Takeaways from Recent Environmental Litigation
Kinji Bourchier, KC
Fasken Martineau DuMoulin LLP
Sarah Noble
Fasken Martineau DuMoulin LLP
Implications of recent environmental litigation and their implications on real estate development
3:10 - Questions and Discussion
3:20 - The Developers’ Roundtable: Reflecting on the Biggest Challenges of 2023 and Looking Ahead
Moderated by: Shauna Towriss
Cassels Brock & Blackwell LLP
Rachelle Mezzarobba
Conwest Developments
David Grout
Wesgroup Properties
Andrew Peterson
PC Urban Properties Corp.
Developers discuss the implications of changing market conditions, reflecting on 2023, and looking ahead to 2024
High interest rates
Impact of regulatory overhauls, including legislative changes regarding housing and increasing housing supply
Enforcing agreements
4:05 - Questions and Discussion
4:15 - Program Concludes
Meet the Co-Chairs
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Partner, Fasken Martineau DuMoulin LLP, Vancouver, BC
Sarah has comprehensive experience in real estate transactions including acquisitions and sales, subdivisions (including airspace subdivisions), development of mixed-use, commercial and residential projects and commercial leasing. Sarah also has experience in various corporate and commercial practices. She is a member of the CBA’s Real Property Section, the International Council of Shopping Centers and the Commercial Real Estate Women's Network. Sarah is a regular presenter for PBLI.
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Partner, Cassels Brock & Blackwell LLP, Vancouver, BC
Shauna Towriss is a partner in her Cassels’ Real Estate & Development Group. In her practice, Shauna helps clients grow and achieve their business goals by securing the space where they conduct business and doing the legal work related to obtaining the funding that allows them to do so. She offers extensive experience in assisting clients in nearly all facets of commercial real estate including acquisitions, dispositions and financing or re-financing of office, retail, apartment and hotel properties on behalf of a range of owners, from individuals and syndications to institutional investors.
Meet the Faculty
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Partner, Fasken Martineau DuMoulin LLP, Vancouver, BC
Kinji Bourchier is a leading commercial and business litigator in Fasken’s Vancouver office. Kinji’s primary practice areas include complex commercial and civil litigation with a focus on contractual disputes, environmental remediation claims, product liability claims, shareholder and transactional disputes, and business torts.
Kinji has a focused practice in the field of environmental remediation cost-recovery claims and contaminated-site litigation. He regularly appears as lead counsel in the British Columbia Supreme Court, has appeared as lead counsel in the British Columbia Court of Appeal, and has appeared before several administrative tribunals, including the BC Securities Commission and Property Assessment Appeal Board. Kinji has also been involved in seeking leave to appeal to the Supreme Court of Canada and has appeared as lead counsel in the Alberta Court of King’s Bench.
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Partner, Alexander Holburn Beaudin + Lang LLP, Vancouver, BC
Patrick Cleary is a member of the Banking + Lending, Real Estate, Corporate/Commercial, Construction + Engineering, Mergers + Acquisitions and Corporate Finance + Securities Practice Groups. He is also a member of the firm’s Executive team.
To this end, Patrick has developed widespread experience in all areas of corporate commercial law. In particular, he has acted for real estate development clients in the acquisition, disposition, development, leasing and financing of commercial, industrial and residential developments.
Patrick further applies his corporate knowledge with a focus on banking. He represents both lenders and borrowers, assisting them in routine and complex debt financing and secured and unsecured lending transactions. In addition, Patrick has been extensively involved in mergers and acquisitions, corporate reorganizations, corporate governance issues, joint ventures and negotiating and drafting commercial agreements.
Notably, Patrick has a keen interest in resolving disputes amicably and negotiating mutually satisfying solutions for clients in all corporate/commercial activities. He has acted as counsel in both domestic and international contract negotiations and completed the prestigious Harvard Negotiation Certificate in 2007.
Further, Patrick has extensive advisory experience in procurement projects. Specifically, Patrick has prepared and counselled on requests for proposals, invitations to tender, licensing, outsourcing, telecommunications projects, service level agreements and information technology contracts.
Prior to joining Alexander Holburn, Patrick gained international business experience with PricewaterhouseCoopers LLP Management Consultants.
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General Counsel, Wesgroup Properties, Vancouver, BC
David leads Wesgroup’s internal legal services department, delivering legal counsel across the organization, including development, construction, leasing, property management, sales, privacy, compliance, finance, corporate structuring, governance, policies, and risk management.
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Partner and Co-Head of Commercial Real Estate Practice, Bennett Jones LLP, Vancouver, BC
Mark Lewis practices in the areas of real estate development, commercial lending and commercial real estate leasing, with an emphasis on commercial transactions, urban, large-infrastructure and resort development, and structuring equity investments in real estate.
Having worked on numerous projects for developers and lenders, Mark has extensive experience in the following areas: structuring co-ownership, joint venture, limited partnership and limited liability partnership relationships for real estate development projects; representing institutional lenders in real estate financing transactions; representing private capital lenders in connection with mezzanine, equity and profit participation loans; representing surety companies in deposit protection insurance transactions; representing both landlords and tenants in commercial, retail and industrial leasing transactions and advising clients with respect to zoning, bylaw and other real estate regulatory compliance matters.
Mark has unique and extensive experience in seniors housing transactions and development, rail and aviation transportation-related transactions, work involving natural resource properties for the forestry, pulp, energy and mining sectors and the investigation, acquisition and transfer of government land tenures.
Mark is a board member and Chair of the Legal Issues Committee of the Urban Development Institute—Pacific Region, a Fellow of the Construction Lawyers Society of America, and a member of the global land economics society Lambda Alpha International. He is a frequent contributor to The Continuing Legal Education Society of British Columbia, including serving as an editorial board member and author for its Real Estate Development Practice Manual, an author for its Mortgages Practice Manual and a long-time co-chair of its advanced Real Estate Development courses.
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Partner, Clark Wilson LLP, Vancouver, BC
British Columbia’s commercial real estate sector is changing rapidly as developers are challenged with increasing land and construction costs, municipal obstacles, rising rates of urbanization and supply-constrained markets. Dani serves as a problem solver for her clients. She is determined to find efficient solutions that address the development challenges of today and the real estate needs of the future.
Dani takes immense pride in her work. Whether it’s preparing disclosure statements, dealing with easements or drafting contracts, she consistently delivers customized, high-quality products that help clients achieve their business goals.
Dani works hard to build meaningful, trusting relationships with clients. They value her level-headed pragmatism and diligence when establishing the most effective path from A to B. Her clear advice gives clients the confidence they need when dealing with complex commercial real estate situations.
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Director of Development, PC Urban Properties Corp., Vancouver, BC
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General Counsel, Conwest Developments, Vancouver, BC
Rachelle Mezzarobba is General Counsel at Conwest Developments. She oversees all of Conwest’s legal matters from the time of acquisition through construction to sales and leasing. Rachelle has been with Conwest for 5 years having previously been a partner at a downtown Vancouver law firm.
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Associate, Fasken Martineau DuMoulin LLP, Vancouver, BC
Sarah Noble is a member of the Specialty Litigation and Dispute Resolution Group in Fasken’s Vancouver office with a focus on construction and environmental matters.
Sarah has assisted project owners, developers and contractors in a range of industries with complex construction disputes including disputes in relation to builders liens, disruption and delay, defects, and wrongful termination. Sarah also assists clients with the development, negotiation, and management of commercial agreements for construction and infrastructure projects. Sarah has advised clients with respect to environmental matters including contaminated sites and environmental regulatory processes.
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Partner, Bennett Jones LLP, Vancouver, BC
Michelle Yung brings business-centred practical knowledge and guidance in support of her client’s business objectives. Clients depend on her for knowing the letter of the law and, more importantly, for her insights on the legal framework for advancing their goals.
Michelle's practice is focused on real property, including infrastructure, construction, public private partnerships, procurement and commercial real estate.
Michelle has extensive experience in commercial leasing transactions and regularly advises landlords, tenants and property managers on commercial leasing matters in the shopping centre, retail, office, mixed-use and industrial space leasing sectors.
Michelle also advises clients on the financing, acquisition and disposition of real estate assets, and on the re-zoning, subdivision, development and building permit processes.
As a member of the firm's Capital Projects group, Michelle acts for bidders, contractors and public authorities on the development of large infrastructure projects, including hospitals, educational institutions, transportation, wastewater treatment plants and energy developments.
Prior to joining Bennett Jones, Michelle served as in-house legal counsel to a leading commercial real estate owner, operator and developer with a Canadian portfolio of best-in-class office, retail and mixed-use properties valued at around $31 billion. There, she advised on commercial leasing, procurement and property management.
In the community, Michelle serves on the board of directors of The Greater Vancouver International Film Festival Society, a not-for-profit cultural organization operating the Vancouver International Film Festival (VIFF) and on the board of directors of Atira Women's Resource Society, a not-for-profit organization committed to the work of ending violence against women. Michelle regularly volunteers as a clinician for Access Pro Bono Society of BC and has served on the board of directors of Commercial Real Estate Women Vancouver (CREW Vancouver), a non-profit association seeking to advance the achievements of women in the industry. She also served for a number of years on the organizing committee for Arts Umbrella's annual fundraising gala.
Registration Form
Program:
Commercial Real Estate Development 2024
Date:
February 7, 2024
Location:
Live webinar - online only!
Registration:
The registration fee is $890.00 plus GST of $44.50 totalling $934.50 for webinar attendance. Registration fee covers your online attendance at the program and electronic materials.
Early Bird Discount:
Register by January 10th, 2024 and receive a $100 discount on the registration fee ($790.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Online check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). Webinar instructions and access will be emailed prior to the program.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (January 31, 2024). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Attendance at this course can be listed for up to 6 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.