Mireille Cloutier LL.B., Associate

Mireille Cloutier practises commercial law, with a particular emphasis on commercial leasing and real estate. She also specializes in the drafting, review and negotiation of commercial leases as well as other documents related to the rental of premises in office buildings, industrial buildings, and especially in shopping centres. 

Over the past ten years, Mireille has drafted, reviewed and negotiated numerous commercial leases for national and Quebec-based companies. She has advised and represented shopping centre and industrial landlords, but primarily tenants, including many well-known national retailers, a financial institution in connection with the registration of its leases in Québec, and franchisors.

She has also acted in the acquisition of retail chains, conducting due diligence on the leases, negotiating numerous lease assignments and related contracts, and seeing to the registration of leases.  She has also acted in connection with the acquisition of commercial properties.

Mireille initially practised with a boutique law firm for ten years, and recently joined Fraser Milner Casgrain LLP.

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Representative Work
Acting for and advising an American multinational company in the leasing of a built-to-suit industrial building, as tenant
Acting for and advising an agent of the federal Crown in the leasing to an agri-business company that specializes in grain, of a grain terminal (transfer elevator) of a storage capacity of 262,000 metric tones, located in the deepest inland seaport in North America and connecting directly to both the rail networks
Acting for and advising many national fashion retailers in connection with the review and negotiation of their commercial leases and the acquisition of national chains
Acting for and advising landlords of industrial buildings, office buildings and shopping centres regarding the drafting and negotiation of their offers to lease and commercial leases
Drafting the standard offer to lease and form of lease for a real estate developer in the Far North, having regard to the special tenant profiles and geographical location
Publications
JurisClasseur Québec, Tome Contrats nommés I:  Fascicule 24: “Particular clauses in certain commercial leases”
JurisClasseur Québec, Tome Contrats nommés I:  Fascicule 22: “Sublease and assignment of lease”
Several articles appearing in the CREW Montreal periodical, “ConneXion,” including one on asset management and another on real estate management. The article on real estate management was also published in the e-journal, “Le Pied Carré”
“Espace Montréal,” article published in Volume 19, #1, first trimester of 2010, on CREW Montreal
“Premières en Affaires,” article published in March 2010 pertaining to limited recourse mortgages
Prior Speaking Engagements
“La gestion des risques dans le marché actuel de la location : les éléments que vous devez connaître,” conference given at the Montreal Conference on the leasing of immovables, April 13, 2011
“Les garanties dans les baux commerciaux”, 4th Annual Conference on Commecial Lease, Federated Press, January 18 - 20, 2011
“Tenant Transfers: Navigating the World of Subleasing, Assignment and Lease Takeovers,” Montreal Real Estate Forum, March 24, 2010
Co-chaired several roundtables on shopping centre leases at the annual legal conferences held in Toronto by the International Council of Shopping Centres, from 2005 to 2011, mainly from the point of view of tenants
“Balancing the Diverging Needs and Expectations of Tenants and Landlords to Avoid Unexpected Commercial Leasing Surprises,” Fourth Quebec Forum on Commercial Real Estate, organized by The Canadian Institute, February 25, 2008
“Rights of First Refusal, Rights and Obligations in the Context of Leases,” The Canadian Institute, June 5 and 6, 2007
Contact Information
Montréal
+1 514 878 8826
mireille.cloutier@fmc-law.com
Year of Call
2000 (Québec)
Education
Université du Québec à Montréal, LL.B. Civil Law, 1998
Languages Spoken
French
English