Mylany David | Fraser Milner Casgrain LLP

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Mylany David LL.B., Partner

Mylany David practises commercial law, more specifically in the areas of real estate transactions and commercial acquisitions as well as leasing, financing and project development. She also specializes in energy law and has been involved in the development, the construction and the financing of several wind farms in Québec and elsewhere in Canada.

In recent years, Mylany has counselled clients on a variety of transactions, including major acquisitions. She has played an active role in several strategic decisions and has acquired broad expertise in energy and real estate law.

Mylany acts for and advises developers and owners in connection with numerous projects, land assembly, obtaining various permits in negotiating agreements with the stakeholders, financing and resale for commercial purposes. She also represents institutional lenders in real estate financings. Mylany regularly advises national and Québec companies on the negotiation of commercial leases, acting for both landlords and tenants. She has also negotiated certain strategic agreements in the framework of the Autoroute 30 public-private partnership.

Mylany has acted on various wind farm projects totalling close to 1000 MW. She has proposed innovative solutions to various real estate problems, such as the registration of the rights of project developers and lenders. She is also involved in a number of construction projects and public-private partnership projects.

Mylany has more than 10 years of experience in major national law firms. She joined Fraser Milner Casgrain LLP in January 2007 and became a partner in 2010.

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Mylany is a trusted advisor to developers and promoters for land development in the province of Québec.

Representative Work

Counsel to EDF EN Canada Inc. on its sale to Enbridge Inc. of a 50% undivided interest in the 300 MW Lac Alfred wind project

Counsel to Royal Bank of Canada, Natixis, New York Branch and a syndicate of other lenders with respect to the $252 million project financing by Le Plateau Wind Power LP for the development, construction, ownership and operation of a 138.6 MW wind power generation facility in the MRC d’Avignon, Quebec

Represented a developer of a 201 MW wind farm project in the Bas St-Laurent area, including representation before the Bureau d’audiences publiques sur l’environnement (BAPE) and obtaining land rights and governmental and municipal permits

Advised real estate developers in negotiating leases on public lands, filing applications, permits and licences and obtaining surface rights from the government with respect to the development of a wind farm on Mont Copper in the Haute-Gaspésie area; represented lenders and financial institutions in connection with the financing of a wind farm project on Mont Miller in the Haute-Gaspésie area

Represented lenders and financial institutions in connection with the financing of a 54 MW wind farm project on Mont Miller in Murdochville

Represented a Canadian energy-based income fund in the acquisition of a 54 MW wind farm project development. Upon substantial completion of the project, Hydro-Québec will purchase all electricity generated by the project under a 21-year power purchase agreement

Advised the ministère des Transports du Québec regarding the Highway 30 public-private partnership project for the negotiation and drafting of agreements necessary for the construction of a bridge over Beauharnois Canal and the St. Lawrence Seaway

Acted for Saint-Laurent Énergies inc. in connection with the development of seven wind farms in Quebec producing a total of 1000 MW

Acted on behalf of the developer for the development of a 6 MW Vensys V-77 turbines project located in Maryvale, Antigonish County, Nova Scotia, on privately owned land. The project will create 6 MW of wind energy to be put directly into Nova Scotia Power Inc.’s power grid by December 2009

Acted for St-Hubert Restaurants in connection with the development of the chain’s real estate holdings, in particular acquisitions and leasing

Acted for the owner of a major Montréal sports complex and the affiliated team in connection with the sale and disposition of the complex – a transaction valued at approximately $303 million

Assisted and advised a public company which is a world leader in the supply of hockey equipment, in connection with the acquisition of a lot and the construction of a new head office in Montréal

Counsel to Teledyne Technologies Incorporated on its $337 million acquisition of DALSA Corporation

Advised HSBC, financial partner of a wholly-owned subsidiary of Melior Development Inc. regarding the investment of $41 million for the acquisition and expansion of Manoir Saint-Bruno

Involved in the drafting of development agreements for residential and commercial condominiums and the implementation of various easements for a major real estate developer

Acted for the purchaser on the acquisition of Montréal’s Marché Central, one of the largest mega-centres in Canada

Advised in obtaining Terrawinds $247 million credit facilities for turbine supply and project construction

Acted on a $24.5 million financing of a franchisor group which develops and operates a franchise system for approximately 260 restaurants operating under the Scores, Bâton Rouge, Mikes and Pizza Delight brands

Advised the Canadian Hotel Income Properties Real Estate Investment Trust (CHIP REIT) for the conclusion of a support agreement in favour of a cash takeover offer by British Columbia Investment Management Corporation (bcIMC). The transaction is valued at approximately $1.2 billion.

Prior Speaking Engagements

Invited as lecturer by Lorman Education for a conference entitled The Legal Aspects of Project Management: The Wind Power Example in Quebec, April and May 2007