Yan Besner | Fraser Milner Casgrain LLP

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Yan Besner D.E.S.S. in Common Law, LL.B., Partner

Yan Besner practises in the fields of real estate, banking and commercial law. He represents lenders, property owners, developers and other commercial clients in the financing, development and acquisition of immovable and movable assets. As part of such transactions, he prepares security documentation and reviews leases and other typical commercial documentation.

Yan joined Fraser Milner Casgrain LLP in 2003 and became a partner in 2010.

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Yan has expertise in the following fields: acquisitions and sales, commercial real estate development, real estate financing, commercial and industrial leasing, general corporate and commercial advice (distribution agreements, shareholders’ agreements, joint ventures and trusts).

Representative Work

Counsel to national restaurant franchisors in real estate acquisition, disposition, financing and leasing matters, including real estate transactions with franchisees

Counsel to international and national big box and fashion retailers in connection with retail leasing matters

Represented The Manufacturers Life Insurance Company, as Lender, in the context of an Assumption of Loan in the amount of $36 million by 9198 9541 Québec Inc, as purchaser, PricewaterhouseCoopers Inc. acting as receiver of 9145 8794 Québec Inc., as vendor, Société Immobilière SYM Inc. and Quebec Apartment Properties Inc., as guarantors, regarding the sale of, inter alia, an immovable held in co ownership being Phase I of seniors apartment complex known as “Domaine des Forges” and bearing civic number 269 boulevard Sainte Rose in the City of Laval, Province of Québec

Acted for Broccolini Construction Inc. in its ultimate successful award of two procurement tenders valued in excess of $250 million by Public Works and Government Services Canada for the development and construction of two "design build" office towers with an aggregate square footage of 900,000 in the City of Gatineau. We also represented Broccolini at the Canadian International Trade Tribunal and the Federal Courts in relation to various challenges which arose throughout the procurement process

Acted as special counsel to 555 Carrière Holdings Inc. on its acquisition of a major single Federal Crown tenant office tower in Gatineau, located at 555 de la Carrière, which transaction was challenged under insolvency proceedings, as well as with respect to the related $50 million acquisition financing facility extended by OMERS

Counsel to Armtec Infrastructure Income Fund, through its subsidiary Armtec Limited Partnership, on its $45 million acquisition of the assets of Groupe Tremca Inc.

Acted on numerous commercial real estate portfolio acquisitions ($50 to $85 million)

Represented developers in construction loans for the development of residential buildings

Represented U.S.-based lenders in the financing of retail shopping centres ($75 million)

Represented private equity firms in tax-structured acquisitions of commercial real estate portfolios and residences for the elderly ($10 to $40 million)

Represented investment funds in the acquisition of office towers ($65 million)

Represented forest product companies in the acquisitions, dispositions and financings of pulp and paper mill sites

Multiple acquisitions, dispositions, and financings of vacant land, office buildings and retail centres

Represented landlords and tenants in the negotiations of retail and industrial leases

Acted on public bond financings

Represented a syndicate of U.S. lenders with respect to financing of operations of entertainment industry businesses

Represented International private real estate development companies in the development and sale of residential communities

Teaching Roles

Lecturer at the Faculty of Law, Masters Program, at the Université de Montréal