15TH ANNUAL Real Estate Law Summit
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15TH ANNUAL Real Estate Law Summit Biographical Summaries for Program Faculty [In Alphabetical Order] Day 1 Phil Brown Counsel, Practice Management Helpline Law Society of Ontario 130 Queen Street West, Toronto, ON M5H 2N6 Background Phil graduated from Dalhousie University with a B.Sc. (Hon) and an LLB. He was called to the Bar in Nova Scotia in 1985 and Ontario in 1989. He also holds a post-graduate certificate from Centennial College in e-commerce. Areas of Practice and Experience Phil practised criminal law exclusively as a sole practitioner before joining Legal Aid Ontario as the Coordinator of Lawyer Relations. He was responsible for marketing the Legal Aid Online billing project which automated lawyer payments. The project had a 90% uptake by lawyers within the first 6 months. He joined the Law Society of Ontario in 2008 as Counsel in the Professional Development and Competence department and has been involved in CPD planning, accreditation, and certified specialist certification. He participates in developing resources for solos and small firm lawyers and for the past five years has worked on the Practice Management Helpline team assisting lawyers with issues related to the Law Society By-laws, Rules of Professional Conduct and professionalism questions. He is also working on a series of technology podcasts with David Whelan. Professional Activities He is currently a member of the Ontario Bar Association, American Bar Association and is the past Photo Editor of “For The Defence” magazine. He is a presenter at continuing professional development programs and has spoken at the American Bar Association, Criminal Lawyers Association, Hamilton Law Association, Toronto Lawyers Association, and Law Society programs. He has been a lecturer and instructor in the professional responsibility course and the Professional Conduct and Practice in Ontario course. Craig R. Carter B.Sc., LL.B, LL.M, LSM B.Sc. from the University of Toronto, 1974. LL.B. from the University of Toronto, 1977. LL.M. from Osgoode Hall Law School, 1986. Called to the Bar of Ontario in 1979. Former Partner now Counsel with the law firm of Fasken Martineau DuMoulin LLP. Certified by the Law Society of Upper Canada as a specialist in Real Estate Law. Recognized by L’Expert as an expert in Property Development, and in Best Lawyers Canada for Real Estate and has Martindale-Hubbell’s highest AV rating. Engaged in commercial real estate practice with an emphasis on easement law, mortgage law, mortgage remedies and opinions on solicitor’s practice. Chaired and spoken at numerous OBA and LSUC programs on mortgage law, foreclosures, land transfer tax, powers of sale and taking possession of property by a mortgagee, title insurance, mortgage fraud, options to purchase, agreements of purchase and sale, contract enforcement, easements, real estate remedies, contract frustration and ownership structuring. Is past chair of the OBA Continuing Legal Education Committee, past chair of the OBA Real Property Section and past chair of the CBA Real Property Section. Co-editor of Butterworths book Agreements of Purchase and Sale and author of CCH Real Estate Guide chapter on Land Transfer Tax. Contributing author for Falconbridge on Mortgages. Co-author Real Estate Transactions 2nd Edition (2017). Has taught Business Law at Ryerson. Taught an LL.M. in Real Estate Finance at Osgoode Hall Law School in the part-time LL.M. programme in 1998 and 2009 and in the Bankruptcy LL.M in 2014. Currently an adjunct professor at Osgoode Hall Law School and University of Toronto Law School teaching Real Estate Transactions and Real Estate Finance. Instructor in Chang Business School at Ryerson University in Real Estate Law. Recipient of the Award for Excellence in Real Estate given by the OBA. Recipient of the OBA Distinguished Service Award. Recipient of the Law Society Medal. 900021.11194/97691942.1 Simon Crawford Simon is shortlisted by every major Canadian and international legal guide, including Chambers Global, Canadian Legal L'Expert Directory, Euromoney Expert Guide and Best Lawyers in Canada as one of Canada's leaders in real estate law. He was included in 2018’s Lexpert ALM 500 as one of the 500 most frequently recommended lawyers in Canada. He has acted on some of Canada's largest dollar value real estate transactions and on many of the country's landmark commercial, retail, sports and entertainment and residential projects. Simon was featured in the September 2014 issue of L'Expert magazine as lead real estate advisor to a KingSett Capital-led consortium in respect of 2013's largest commercial real estate transaction, the acquisition of all Primaris Real Estate Investment Trust properties. In 2012 he acted as counsel to the purchaser of a $2-billion industrial real estate portfolio comprised of more than 400 properties. In 2016 he was the lead real estate advisor to a significant landlord group in connection with the insolvency proceedings related to Target Canada, the largest Canadian retail insolvency in recent history, and in 2017 he oversaw in excess of $5 billion in commercial real estate transactions. Simon advises many of Canada's most sophisticated real estate investors on private equity matters, fund formation, joint ventures, income trusts, the purchase and sale of real estate assets and real estate companies, property development, banking and mortgage lending, structured finance and asset securitization, corporate finance, mezzanine and participating debt structures, infrastructure, public/private partnerships, pension fund real estate investment, senior living facilities, mortgage and loan servicing and enforcement, and on real estate issues in bankruptcy and insolvency. In recent years, Simon has acted as senior advisor on some of the more notable new development financings in Toronto, including the Bay-Adelaide Centre, the Trump Tower, and the 75-storey Aura condominium project, which is currently the tallest residential building in Canada. Across the country, Simon has also acted on large portfolio transactions, including the acquisition and financing of ING's industrial portfolio, the acquisition of Home Trust’s commercial mortgage portfolio, and the privatization of both Atlas Cold Storage and Versacold. Complementing Simon's real estate practice is extensive deal experience in public/private partnerships, the creation of pension-fund eligible investments, and the financing of regulated facilities such as gaming, infrastructure healthcare and long-term care projects. In addition, Simon has acted for government or quasi-government interests, including most notably, as advisor to Waterfront Toronto in connection with the development of Toronto's waterfront lands. Simon has represented clients in the financing or sale of a significant number of Canada's landmark commercial, entertainment and retail properties, including Toronto's Bay Adelaide Center, Trump Tower, Scotia Plaza, Brookfield Place, TD Centre and First Canadian Place, Montreal's Eaton Centre, Ottawa’s Rideau Centre, Saskatchewan’s Midtown Plaza and Calgary's Scotia Plaza and Palliser Square. Simon has also represented lenders or purchasers in connection with various sports and recreation facilities including in connection with the 2010 Olympic games, Toronto's Ricoh Centre, Niagara Falls Casino and various casinos owned by Gateway Casinos. Simon is called upon regularly to write, speak on or moderate panels on matters of commercial real estate and real estate investment in Canada or by Canadian investors abroad. This discussion paper is not intended to provide legal advice, but to highlight matters of interest in this area of law. If you have questions or comments, please contact Simon Crawford directly. The foregoing discussion paper does not establish any form of lawyer-client relationship with Simon Crawford or any law firm at which he is a partner or is otherwise affiliated with. The information contained in this discussion paper is public information and is not individualized legal advice. Readers should not rely on or take any action based upon this information; professional advice should be obtained. This discussion paper may contain errors or omissions and any liability for any such errors or omissions is hereby disclaimed. WSLegal\000850\00997\12117983v1 Osler, Hoskin & Harcourt LLP Roger Gillott Partner, Education Litigation Oxford University, B.C.L. Toronto Oxford University, M.A. Dalhousie University, LL.B. 416.862.6818 University of Calgary, B.Comm. (With Distinction) [email protected] Bar Admission(s) Ontario (1996) Practice Area(s): Construction; Litigation; Public-Private Partnerships/Alternative Financing & Procurement; Infrastructure Roger is consistently recognized in industry publications as one of the leading Construction lawyers in Canada. He has practiced exclusively construction litigation, arbitration and dispute resolution for twenty years. Roger has extensive advocacy experience in trial, appellate and arbitration proceedings, and also advises on the avoidance and management of risk in the administration of construction contracts. Roger has developed particular expertise in the area of tendering and procurement in both the public and private sectors. He has represented clients in a wide variety of disputes involving construction liens and trusts, mortgage priorities, contract interpretation, bidding and tendering, delay and extras claims, professional negligence and claims under performance and payment bonds. Roger has also dealt with the interpretation of specifications,