Leasing

In today’s unpredictable real estate leasing market, commercial landlords and tenants require a skilled legal team that can protect and advance their business objectives. At Fraser Milner Casgrain LLP (FMC), the Commercial Leasing Group provides “boutique” expertise within a large national law firm. We have worked with many of the key players across the country in various industries and utilize our experience to customize solutions and address the needs of our clients.

Our dynamic group has extensive expertise in negotiating and drafting all forms of retail, office and industrial leases, including ground leases, built to suit leases, leasebacks, subleases, and ancillary documents such as assignments and consent agreements.

We offer strategic and legal advice on lease disputes, default, termination, landlord and tenant rights and remedies, lease interpretation, enforcement, and leasing matters related to Quebec civil law and aboriginal land. If a leasing dispute cannot be resolved, we leverage the expertise of FMC’s highly regarded litigation and dispute resolution team and assist with pursuing our clients’ interests.

FMC represents some of the largest and most sophisticated Canadian and U.S. developers, as well as American, national and regional landlords and tenants (including real estate corporations, REITs, pension funds and property and asset managers) with respect to retail, shopping centre, office, industrial and warehouse projects.

With direct access to various practice groups within FMC and strong cross-border expertise, we can help structure both Canadian and U.S. entities and advise them on related issues that may arise such as tax, corporate commercial, construction liens and legislative compliance.

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Representative Work
Counsel to Lifetime Fitness, Inc., a publicly traded corporation (NYSE) having approximately 13,000 employees in the United States, in connection with its expansion into Canada
Acted for a major developer/contactor in its acquisition, development, leasing and construction of a ten-storey office tower in downtown Ottawa
Toronto Portlands: FMC’s team provides a wide range of advice to the Toronto Port Authority related to its interests within the Toronto Portlands, including leases for port related purposes, marine terminal agreements, sales and leases of lands and other agreements with the City of Toronto, the Toronto Economic Development Corporation and the Toronto Waterfront Regeneration Corporation and advice related to the Toronto City Centre Airport (Ongoing)
Toronto Union Station: FMC assisted the successful bidder in an RFP from the City of Toronto for a P3 project involving the operation, management and renovation of the Union Station railway complex, providing advice on structuring, contracts, title, leasing, financing, corporate and other matters (2004 to 2006)
Negotiation and preparation of development management, sale and lease documents for a major P3 project, all leading to the renovation and redevelopment of existing buildings and the construction of an approximately 200,000 square foot high rise head office for the public entity
Publications
Did you know?
The group has authored four chapters in Shopping Centre Leases, 2nd ed. (Aurora: Canada Law Book, 2008), edited by Harvey M. Haber.
The Canadian Legal LEXPERT Directory 2011 ranks Sheldon DisenhouseRonald Goldenberg and Colin McIver as leading lawyers in the area of property leasing while ranking FMC's Property Leasing Group as a leading practice area in the regional market of Toronto.
The LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada 2012 ranks Sheldon Disenhouse as a leading lawyer in the area of property leasing.
Key Contacts