Lexpert Magazine

September 2019

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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ALLIED PROPERTIES REIT COMPLETES $345-MILLION PUBLIC EQUITY OFFERING DECISION DATE: JUNE 19, 2019 On June 19, 2019, Allied Properties Real Estate Investment Trust ("Allied") com- pleted a public offering of 7,176,000 units (inclusive of 936,000 units issued pursuant to the exercise in full of the underwriters' over-allotment option) at a price of $48.15 per unit for gross proceeds of just over $345 million. e units were offered on a bought deal basis by a syndicate of underwriters led by Scotiabank, RBC Capital Markets and Goldman Sachs Canada Inc. Aird & Berlis LLP represented Allied with a team comprised of Margaret Nel- ligan, Sherri Altshuler, Anne Miatello, Melanie Cole, Liam Tracey-Raymont and Amy Marcen-Gaudaur (Corporate and Securities), Mike Smith, Neill Kalvin and Zale Skolnik (Real Estate) and Barbara Worndl (Tax). Stikeman Elliott LLP represented the syndicate of underwriters as Canadian counsel with a team comprised of David Weinberger, Cara Cornacchia and Benja- min Jain (Corporate and Securities), Melis- sa Schyven and Kevin Chen (Real Estate), and Lindsay Gwyer (Tax). BENTALLGREENOAK ACQUIRES MONTRÉAL SKYSCRAPER 1250 RENÉ-LÉVESQUE DECISION DATE: MAY 13, 2019 BentallGreenOak, on behalf of its clients, acquired 1250 René-Lévesque Boulevard, a trophy office building in downtown Mon- tréal from Oxford Properties Group (Ox- ford) and PSP Investments (PSP) on May 13, 2019. e acquisition by BentallGree- nOak is the largest single asset transaction it has completed in Canada to date. A team led by omas von Hahn at Blake Cassels & Graydon LLP acted for BentallGreenOak, including Neil Katz (real estate and financial services, Montré- al), Elizabeth Earon (real estate, Toronto), Manon Wolfe (real estate, Montréal) and Joshua Krane (competition, Toronto). Brady McLeod, Director, Corporate Legal of Oxford and Michaël Hassan, Vice President and Divisional General Counsel, Legal Affairs of PSP led the in-house legal teams on this transaction. Oxford and PSP were represented on the sale by Nicolas Leblanc of Fasken Mar- tineau DuMoulin LLP, and supported by a team including Riccardo Lento, Na- thalie Lauzier and Stephanie Real (real estate), and Chris Margison and Jenna Ward (competition). Jack Silverson of Os- ler Hoskin & Harcourt LLP provided tax advice to Oxford in connection with the transaction and a team led by Philippe Bourassa, which included John Leopardi, Anthony Lanouette-Marier and Chanelle Desrosiers-Stewart of Blake Cassels & Graydon LLP advised PSP on corporate and tax matters related to the transaction. McCarthy Tétrault LLP's John Cur- rie, together with George Plummer and Marie-Josée Marcoux, acted for Dekabank Deutsche Girozentrale and Landesbank Baden-Württemberg, which provided longterm financing to the purchaser. MINTO APARTMENT REIT ACQUIRES ROCKHILL PROPERTY IN MONTRÉAL DECISION DATE: MAY 6, 2019 On May 6, 2019, Minto Apartment Real Estate Investment Trust (the "REIT") ac- quired the Rockhill property, a multi-resi- dential rental property comprised of 1,004 suites in Montréal, Québec, from Ivanhoé Cambridge Inc. e REIT is an unincorporated, open- ended real estate investment trust estab- lished pursuant to a declaration of trust un- der the laws of the Province of Ontario to own income-producing, multi-residential properties in urban markets in Canada. e REIT owns a portfolio of high-qual- ity, income-producing, multi-residential rental properties in Toronto, Ottawa, Cal- gary and Edmonton. Under the agreement, the REIT and In- vestors Real Property Fund each acquired an undivided 50% interest in the Rockhill property for a total consideration of $268 million. e Toronto-Dominion Bank provided $135 million to finance the ac- quisition. e REIT acts as the asset and property manager of the property. e acquisition will position the REIT as an important participant in the strong Montréal multi-family residential market, providing it with immediate scale and un- locking other future opportunities. e REIT was represented by Davies Ward Phillips & Vineberg LLP with a team that included Elias Benhamou, Mylène Nadeau, Mark Katz, Louise Patry and Charles Larose Jodoin. Ivanhoé Cambridge Inc. was represent- ed by Norton Rose Fulbright Canada LLP with a team that included Miguel Manzano and Christine Duguay. Investors Real Property Fund was rep- resented by Dentons Canada LLP with a team that included Stephen Lloyd and Pascale Vicaire. e Toronto-Dominion Bank was rep- resented by McCarthy Tétrault LLP with a team that included Annie Gagnon- Larocque and Mary Pagonis. EPIC INVESTMENT SERVICES TO MERGE WITH MDC GROUP DECISION DATE: APRIL 30, 2019 On May 6, 2019, Epic Investment Ser- A look at The Federal Court of Appeal decision, Brown V. HMQ, which provides guidance for patent applicants; The Ocean choice International case, where the court rejected the plaintiffs' Attempt to apply Certain remedies under BIG REAL ESTATE REAL PROPERTY TRANSACTIONS OF IMPORTANCE REAL ESTATE DEALS SNAPSHOT 22 LEXPERT MAGAZINE | Q3 2019

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