RobinsAppleby-PRINT VERSION Sept2014

Big Deals | Writing | Appointments | Event | Our Lawyers
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September 2014
BIG DEALS
Robins Appleby LLP Completes The College
Condominium at Spadina Financing
BMO recently represented the lenders providing condominium financing for a project known as The
College Condominium at Spadina by Tribute Communities, with the assistance of the Real Estate
Group at Robins Appleby LLP. The College Condominium at Spadina loan facility was a $62M
syndicated deal led by BMO as Lead Administrative Agent and a Co-Lender. The negotiation of the
detailed Credit Agreement and finalization of all security documentation was handled by Real Estate
Group partners, Leor Margulies and John Fox, with the assistance of senior law clerk, Cindy
Applegath. The College Condominium at Spadina Project will be a 15-storey high-rise condominium
located at 297 College Street, Toronto, and is exspected to comprise 226 units and approximately
33,000 sq. ft. of retail commercial space.
15 to 35 Mercer St., Toronto, Sold As a Future Condominium
The Real Estate Group at Robins Appleby LLP, led by partner Leor Margulies, and senior law clerk
Cindy Applegath, acted on behalf of the Adler family in completing the sale in early August, 2014 of a
75% interest in an existing commercial property to a co-venture comprising the Madison Group and
Westdale Properties. The property is currently going through a major rezoning process. Mercer Street.
Leor Margulies also represented the Adlers in the negotiation of the co-tenancy arrangements with the
purchaser group.
Robins Appleby LLP represents
BILD in acquisition of Toronto
Area Home Shows
Jonathan Zepp, a partner in our Business Law Group, Arin Klug, an associate in our Tax Group and
David Segal, an associate in our Business Law Group, represented the Building Industry and Land
Development Association (BILD) in its acquisition of the remaining 50% interest of the National Home
Show, the Toronto Fall Home Show and the GTA Home Show from Marketplace Events, LLC. The
transaction closed on May 30, 2014. Prior to the transaction, BILD and Marketplace Events, LLC were
co-owners of the shows managed by Marketplace Events. As sole owner, BILD will assume full
operational and management responsibility for the shows. Jonathan, Arin and David were proud to
have provided BILD with strategic advice and effective transaction implementation for this very
important acquisition.
LAWYERS WRITING
AQUAVISTA – A New Model For Affordable Housing
Or: How To Live With Art (Literally)
by John Fox
Last June, the City of Toronto gave the green light to a completely unique project – the creation of 80
units of affordable rental housing to be built right into the Tridel’s new AquaVista condominium.
AquaVista, which is expected to go to market in the summer, is in the “Bayside Lands” located between
Lower Sherbourne and Parliament Streets. The affordable units will be owned by the City and run by
Artscape as residences for artists. The creation of affordable units in AquaVista helps Tridel, who, with
partner Hines Canada are developing the Bayside Lands, meet affordable housing targets in the
waterfront.
Click Here to read more ►
Co-Tenants Take Note: CRA Clarifies its Position on
GST/HST Filing for Joint Ventures
by Arin Klug
Under the general rules of the Excise Tax Act (Canada) (the "Act"), participants in a joint venture (often
referred to as "co-tenants" in the real estate context), are each required to account for their
proportionate share of the GST/HST collected and paid by the joint venture. In order to reduce the
potential for filing errors and to alleviate the administrative burden on joint venturers, section 273 of the
Act allows the participants in a joint venture to elect to have a single "operator" account for the
GST/HST on behalf of the joint venture.
Click Here to read more ►
Rental Incentives for Newly-built Condominiums
by Tara Welat
Developers are offering more and varied incentives
to attract purchasers to newly marketed
condominiums as well as those projects that are
close to completion.
Click Here to read more ►
Phase 1, 2 and 3 Environmental Site Assessments ("ESA")
– A Very Basic Primer
by Darrell M. Gold
As a real estate lawyer whose practice is predominantly commercial leasing, I still need to be aware of
"red flags" for potential environmental issues and then seek assistance from an environmental law
specialist where contamination is possible, suspected or known.
Click Here to read more ►
Tenant's Rights and Remedies in a Commercial Lease - A
Practical Guide (2nd Edition)
by Darrell M. Gold & Robert Choi
Darrell M. Gold, a partner in our Real Estate Group and Robert Choi, an associate in our Litigation
Group, co-authored the article – "Forfeiture of the Lease Understanding the Remedy and the
Tenant's Right to Relief" - in the soon to be published by Carswell book – "Tenant's Rights and
Remedies in a Commercial Lease - A Practical Guide (2nd Edition)".
LAWYERS APPOINTMENTS
Darrell M. Gold
Darrell M. Gold, a partner in our Real Estate Group, has been asked to join the Commercial
Lawyer\Lender Advisory Board for Stewart Title Guaranty Company, one of the largest title
insurers in the world with over 100 years of experience protecting property owners and lenders against
the title risks that come with residential and commercial real estate transactions.
David Shlagbaum appointed to CPA Advisory Committee
for National Business Transitions Conference
David Shlagbaum, a partner in our Business Law Group has been appointed to the Advisory
Committee of the Chartered Professional Accountants of Canada's National Conference on Business
Transitions to take place November 3rd and 4th, 2014 in Toronto. David will also join an array of experts
who have been assembled to speak at the Conference. The Conference will be directed to CPAs and
business owners and will cover a wide range of timely and important topics to business owners facing
transition and succession planning issues.
Jonathan Zepp elected President of Canadian Shaare
Zedek Hospital Foundation
Jonathan Zepp, a partner in our Business Law Group, was elected President of The Canadian Shaare
Zedek Hospital Foundation. The Canadian Shaare Zedek Hospital Foundation is a national
organization supporting Shaare Zedek Medical Center in Jerusalem, Israel. Jonathan is leading a
fundraising team of community leaders dedicated to this outstanding centre of medical care and
research.
LAWYER EVENT
Ronald Appleby, Q.C.
On June 9th, 2014, our senior partner, Ronald Appleby, Q.C., and Julia Koschitzky co-chaired a gala
dinner at the Four Seasons Hotel where the keynote speaker was the outstanding Mayor of Jerusalem,
Honourable Nir Barkat. The Jerusalem Foundation of Canada celebrated the success of its Canada
House Campaign, and welcomed the newest members of the Jerusalem Foundation’s prestigious
Builders of Jerusalem circle:
Jeremy Freedman (CEO of Gluskin Sheff) & Judith Finer Freedman - The Freedman Teen Club
and Youth Services Facility
Rabbi Yechiel Eckstein and the International Fellowship of Christians and Jews of Canada International Fellowship of Christians and Jews of Canada Community Services Floor.
Warren (CEO of Fabricland) & Debbie Kimel - The Warren and Debbie Kimel and Family
Information and Activity Centre
Joel & Jill and Cyril & Dorothy Reitman - The Reitman Seniors Centre
Phil & Cees Wynn & the Wynn Family - The Wynn Business Centre
Ronald Appleby Q.C.; Mayor of Jerusalem, Honourable Nir Barkat.; Bunnie Appleby
Scotiabank Pro-Am Hockey Tournament in Support of
Baycrest
Team Robins Appleby participated for the 8th straight year in the Scotiabank Pro-Am in support of
Alzheimer's research and related disorders at Baycrest. This year's tournament took place on May 2nd
and 3rd and we are proud to report that we once again raised more than $100,000, which brings
Robins Appleby's eight year total to more than $625,000. Team captain, David Schlesinger, a partner
in our Tax & Estates Group, was one of the top fund raisers of the tournament and was honoured to
take the opening face off in the All Star Game from the legendary Johnny Bower. Other players from
the firm included David Taub, a partner in our Litigation Group; Jonathan Zepp, a partner in our
Business Law Group; John Fox, a Partner in our Real Estate Group; and Dominique Michaud, an
associate in our Litigation Group. With the 5th pick in the NHL alumni draft, our team selected three
time Stanley Cup Champion, Guy Carboneau. Other NHL alumni who played in the Pro-Am this year
included Denis Savard, Doug Gilmour, Wendel Clark, Bryan Trottier and Gary Roberts. A great time
was had by all while making a meaningful contribution to a very important cause. Baycrest Hospital is
internationally renowned and a leader in research for Alzheimer's and other cognitive disorders related
to aging.
OUR LAWYERS
Introduce Jaime K. Bell
We are pleased to announce that Jaime K. Bell has joined our firm as an
associate in our Real Estate Group.
Read more about Jaime here ►
Introduce David Segal
We are pleased to announce that David Segal has joined our firm as an
associate with our Business Law Group.
Read more about David here ►
The comments contained in this article provide general information only and should not be relied upon as legal
advice. Further particulars on the matters summarized in this report, their implications and suggested courses of
action, can be obtained from Robins Appleby LLP using the contact information provided herein. This e-mail is
being sent to you as a contact of our Firm.
Robins Appleby LLP | 2600-120 Adelaide St. W., Toronto, ON M5H 1T1
T. 416.868.1080 F. 416.868.0306