"To P3 or not to P3: Planning and Structuring Municipal Infrastructure Projects", WeirFoulds Municipal Law Client Seminar, Toronto, ON, June 3, 2010.
"Duty to Disclose – Understanding Why Silence May Not Be Golden", 7th Annual Real Estate Law Summit, The Law Society of Upper Canada, Toronto, ON, April 21-22, 2010.
Co-Chair and Speaker, "Managing Project Risks When Receiving Infrastructure Funding", 16th Annual Provincial/ Municipal Government Liability Conference, The Canadian Institute, Toronto, ON, February 9-10, 2010; Post-Conference Workshop, February 11, 2010.
Speaker, "Covenants, Representations, Conditions and Warranties", Covenants Concerning the Use of Land, Ontario Bar Association CLE, Toronto, ON, December 8, 2009.
Speaker, "Investment Infrastructure", AIC Alternative Investment Conference, Rogers Digital Media News & Business, Niagara-on-the-Lake, December 1-3, 2009.
Speaker, "Exploring Funding Opportunities in Public-Private Partnerships (P3s) and Alternative Financing Programs (AFPs)", The Canadian Institute, 19th Annual Construction Superconference, Toronto, ON, November 24–25, 2009.
Speaker, "Horrible Things that Happen to the Property before Closing", The Six-Minute Real Estate Lawyer 2009, The Law Society of Upper Canada, Toronto, ON, November 18, 2009.
Co-chair, "Project Scoping, Operations and Funding Strategies", Renewing, Developing and Financing Canada's Infrastructure, Insight Information, Toronto, ON, October 19, 2009.
Co-author, "Project Paperwork", Renew Magazine, September/October 2009.
Panellist, "Infrastructure/Stimulus Packages and Cities", IPAC-CCM Cities Conference, Toronto, ON, September 24-25, 2009.
Panellist, "Infrastructure and Renewal Development in the Caribbean", University of the West Indies, South Beach, Florida, USA, August 16-19, 2009.
Co-lecturer, "Types of PPPs and Impact on Negotiations: Legal Structures", Structuring & Negotiating Public-Private Partnerships, Federated Press Conference Division, May 28-29, 2009.
Co-chair and Speaker, "Building Municipal Infrastructure Through Partnerships: How to Secure Funds and Gain Government Support", The Canadian Institute, Getting Infrastructure Deals Done in a Tight Credit Market, 2nd Annual Partnering for Public Infrastructure, Financing, Development and Renewal, Toronto, ON, May 11–12, 2009.
"Troubled Deals—What To Do When Deals Go 'Sideways'", Law Society of Upper Canada, 6th Annual Real Estate Law Summit, April 22 and 23, 2009.
Moderator, "Re: Infrastructure On-Line Dialogue/ Debate", Benefits Canada/Rogers, April 14-May 18, 2009.
Speaker, "Mortgages in Residential Real Estate Transactions", Licence Appeal Tribunal Meeting, MacDonald Block, Queen's Park, February 26, 2009.
Speaker, 15th Annual Provincial/ Municipal Government Liability Conference, Toronto, ON, February 9–10, 2009.
"Due Diligence in an Infrastructure Investment", Institutional Real Estate, Inc., Publishers and Consultants, Investing In Infrastructure (i3), The Westin Copley Place, Boston, USA, November 17–19, 2008.
Panellist, "Developing a P3 Policy and Process for Your Government", The Canadian Institute, Public Private Partnerships: Strategies to Achieve Best Value for Money and Manage Your Partnership Effectively, Vancouver, BC, November 4-5, 2008.
"Current and Future Infrastructure Renewal, Development and Financing: A Canadian Perspective", Infrastructure Investment Summit, Canadian Investment Review, Toronto, ON, October 23, 2008.
"Determining the Optimal Risk Allocation in a P3", The Canadian Institute, Negotiating P3 Agreements, Edmonton, AB, October 20-21, 2008.
"Municipal Projects", Osgoode Professional Development, The Legal Guide to Financing and Structuring Infrastructure Projects, Toronto, ON, September 24–25, 2008.
Article, "Real Estate Aspects of Infrastructure Development", Lawyers Weekly, September 2008.
Article, "Infrastructure—A Vibrant Component of Commercial Real Estate" (Co-authored with Barnet Kussner), National Post, July 2008.
Panellist, "Making It Clear—Drinking Water Quality Management Standard in Practice", OPWA (Ontario Public Works Association), Mississauga, ON, June 5, 2008.
Chair and Speaker, "The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, The Annotated Agreement of Purchase and Sale, June 3, 2008.
Co-chair and Speaker, "Guiding Municipalities Through P3 Projects" Partnering for Public Infrastructure, Financing, Development and Renewal, The Canadian Institute, Toronto, ON, May 12-13, 2008.
"Alternative Models for the Delivery of Safe Drinking Water and Wastewater", WeirFoulds LLP Seminar/"Think Tank", London, ON, February 19, 2008.
Speaker, "Managing Risk When Delivering Infrastructure and Related Services", 14th Annual Provincial/ Municipal Government Liability Conference, Toronto, ON, February 7–8, 2008.
Panellist, "Ask The Expert", Ontario Bar Association (Real Property Section), Toronto, ON, January 17, 2008.
"Alternative Models for the Delivery of Safe Drinking Water and Wastewater", WeirFoulds LLP Seminar/"Think Tank", Toronto, ON, January 15, 2008.
"Notice Clauses In Real Estate Agreements—How Can Notices Be Given, When Are They Deemed To Be Received and What If They Are Late?" (Co-authored with Barbara Zeller), The Law Society of Upper Canada, The Six-Minute Real Estate Lawyer 2007, November 14, 2007.
Panellist, "Different Types of Infrastructure—Transportation And Energy & Utilities", Institutional Real Estate, Inc., Publishers and Consultants, Investing In Infrastructure (i3), InterContinental Hotel, Chicago, USA, November 5–7, 2007.
Speaker, "Demystifying Infrastructure Project Documentation", Canadian Investment Review, Infrastructure Investment Summit, Mont Tremblant, May 23–25, 2007.
Co-chair and Speaker, "Risk Allocation and Performance Measures in Municipal Contracts", Insight, Procurement in the Public Sector: Reducing and Managing Risk, May 10–11, 2007.
"Latent Defects and the Duty to Disclose", Law Society of Upper Canada, 4th Annual Real Estate Law Summit, April 18 and 19, 2007.
Co-chair, Moderator and Speaker, "Infrastructure Development, Renewal & Financing: Meeting Canada's Infrastructure Challenge", The Canadian Institute, 3rd Annual Forum, Toronto, ON, February 12–13, 2007.
"What is a Mortgage Defeasance and When Is It Done?", The Law Society of Upper Canada, The Six-Minute Real Estate Lawyer 2006, November 15, 2006.
Panellist, "Interactive Panel Discussion: Balancing the Political and Economic Issues of Public Asset Privatization", U.S. Infrastructure Investing Summit, Project Finance for American Public Assets as a Long-term Investment Alternative, New York, U.S.A., October 17–19, 2006.
"Covenants, Representations, Conditions and Warranties", OBA-ABO Real Property, Covenants Concerning the Use of Land, October 16, 2006.
"Public-Private Partnerships and Alternative Project Delivery Models" (Co-authored with Daniel P. Ferguson), Western Canadian Construction Update, Calgary, AB, September 14, 2006.
"Planning and Developing A Successful Infrastructure Project" (Co-authored with Daniel P. Ferguson), Infrastructure Investment Summit 2006, June 14–16, 2006.
"Environmental Contamination Issues And The Purchase And Sale Of Land", Lorman Education Services, Environmental Land Use in Ontario, May 10, 2006.
Co-chair and Speaker, "Building Performance Measures into Contracts", Insight, Performance Measurement in the Public Sector, April 27–28, 2006.
Co-chair, "Infrastructure Financing: Development & Renewal Conference", The Canadian Institute, February 23–24, 2006.
Co-chair, "Infrastructure Renewal and Financing Conference", The Canadian Institute Conference, February 28, 2005 and March 1, 2005.
"Implications For Developers and Lenders", Brownfield's Seminar, October 27, 2004.
"Land Transfer Tax Issues that Real Estate Lawyers Should Focus On", The Law Society of Upper Canada, Professional Development and Competence Department, 6-Minute Real Estate Lawyer 2004, November 17, 2004.
"Tips and Traps for New Real Estate Lawyers", The Law Society of Upper Canada, 3rd Annual New Lawyer Experience, September 22, 2004.
"What You can Learn from Veteran Practitioners in Key Practice Areas", "A Real Estate Lawyer", and "The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, 2nd Annual New Lawyer Experience, October 27, 2003.
"The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, The Annotated Agreement of Purchase and Sale, June 3, 2003.
"Damage and Destruction to the Property Prior to Closing—The O.R.E.A. Clause and its Application", The Law Society of Upper Canada CLE, Return of the Six Minute Real Estate Lawyer 2002, November 27, 2002.
"Drafting Purchase Agreements To Qualify Or Extend Caveat Emptor", The Law Society of Upper Canada, Special Lectures, April 18–19, 2002.
"Letters of Intent: What Should They Say and What Is Their Effect?", OBA Real Property Section Seminar, March 21, 2002.
"Binding Agreements", The Law Society of Upper Canada, Return of the Six Minute Real Estate Lawyer 2001, December 5, 2001.
"Selected Easement Issues", OBA, Real Estate and the Waterfront, OBA, October 1, 2001.
"Initiatives to Reform Limitation Periods", LSUC, Return of the Six-Minute Real Estate Lawyer, November 28, 2000.
"The New Condominium Act ", Thunder Bay Law Association CLE, October 18, 2000.
"Basic Principles of Ontario's Land Titles System", CBAO, Land Titles: It's Going To Be The Only Game In Town, September 25, 2000.
"Options and Rights of First Refusal in Real Estate Transactions", CBAO, Options To Purchase, June 26, 2000.
"Good Faith Bargaining", CBAO, The Six Minute Real Estate Lawyer Returns, November 4, 1999.
"Law For Condominium Managers: A Student's Manual", ACMO Seminar, August 1999.
"The New Condominium Act, 1998", CBAO, Condominium Law Reform Programme—Bill 38 and The Future of Condominiums in Ontario, May 17, 1999.
Co-speaker, "Requisitions and the Nullity Clause", CBAO, Real Property Agreement Agreements of Purchase and Sale: The Definitive Analytical Series, May 10, 1999.
"Sections 10–15 of The New Condominium Act, 1998", ACMO Seminar, The Condominium Act, 1998—A Property Manager's Perspective, April 9, 1999.
"Environmental Issues In The Purchase and Sale of Land", Joint Seminar by Conestoga-Rovers & Associates/Weir & Foulds, April 1999.
"The Purchase and Sale of a Condominium Unit", LSUC, Bar Admission Course Materials, 1995—1999.
"Limitation and Notice Period Issues—Real Estate Transaction Concerns", CBAO, Limitations: Defusing the Ticking Time Bomb, April 23, 1998.
"The Top Ten Real Property Cases in 1997", CBAO Annual Institute, Real Property Section, Survive and Thrive: Changes and Challenges in the New Practice of Real Property Law, January 29, 1998.
"Rescission Clause", CBAO, The Six Minute Real Estate Lawyer, May 22, 1998.
"Issues of Interest", CBAO, Mortgage Law: A Comprehensive Review of Emerging Issues, October 20, 1997.
"Limitation and Notice Period Issues—Real Property Concerns", CBAO, Limitations: Defusing the Ticking Time Bomb, May 14, 1997.
"Title Opinions and Reporting Requirements in Commercial Real Estate Lending Transactions", CBAO Young Lawyers Division, Dollars and Sense in Commercial Real Estate Lending Transactions, November 23, 1996.
"Bulletproofing the File and Yourself: Recent Cases Affecting the Standard of Care Expected of Real Estate Solicitors and Common Errors to Avoid", CBAO Real Property Section Meeting, October 30, 1996.
"Claims by Consumers Arising from Legal Services Provided in Ontario", International Bar Association's 26th Biennial Conference, Berlin, Germany, October 23, 1996.
"Solicitors' Responsibilities with Regard to Fraud and Forgery in Real Estate Transactions", CBAO Annual Institute, Real Property—Decisions, Decisions, Decisions: Questions of Judgment in Real Estate Matters, January 26, 1996.
Co-speaker, "Innocent Mistakes Made by General Practitioners and How to Avoid Them", CBAO, General Practice Section Meeting, June 20, 1995.
Co-author, "Condominium Update", CBAO Annual Institute, Real Property—The Road to Recovery: Real Estate Issues and Concerns Beyond the Recession, February 9, 1995.
"Some Sample Indemnity Clauses and Agreements, and Some Drafting Concerns", CBAO, Indemnities in Commerce and the Courtroom, November 11, 1994.
"The Current Crisis in Condominium Law", Fourth Annual Contemporary Legal Issues Conference, New Liabilities and New Initiatives, May 19, 1993.
Co-author, "Concentration on Condos-Highlights of the Proposed New Condominium Act", CBAO Annual Institute, Real Property—Sharpening Skills—Real Estate Tools, January 28, 1993.
"New Rules and Provisions for Interim Occupancy", Insight, Bill 81 and the Future of Condominiums in Ontario, December 15, 1992.
"Title Opinions in Commercial Real Estate Transactions", CBAO, What They Didn't Teach You at The Bar Admission Course: Basic Issues in Commercial Real Estate, March 7, 1992.
Co-author, "Current Crisis in Condominium Law", CBAO Annual Institute, A Real Estate Buffet: A Taste of Topics for 1992, January 30, 1992.
Co-author, "A Buyer's Guide to Recreational Condominiums and Time Sharing and its Problems", LSUC, Recreational Real Estate: The Bottom Line, October 4, 1991.
"Environmental Considerations in Real Estate Transactions: Concerns of Mortgagees and Landlords/Tenants, the Importance of Environmental Audits and Evolving Trends", CBAO, Land Transactions, Development Applications and Appeals, and Environmental Law, June 8, 1990.
"New Issues in Environmental Law" (Co-authored with R. B. Warren), Second Annual Contemporary Legal Issues Conference, May 21, 1991.
"Environmental Law and the Buying, Selling, Leasing and Mortgaging of Land" Legal Issues in the 90's, May 1, 1990.
"Paradise by the Week—Timesharing and its Problems", LSUC, Third Annual Real Estate Retreat, 1990.
"Questions of Judgment: Standards of Professional Conduct in Reviewing and Opining on Title Matters" (Co-chaired with B.D. Bucknall and P.D. Quinn), CBAO, 1990.
"Site and Building Contamination: How to Avoid or Minimize Liability When Acquiring Property", Ontario Expropriation Association Program, October 13, 1989.
"Environmental Liability Considerations In Major Business Transactions", The Canadian Institute, Corporate Environmental Responsibilities, New Ethics, Duties & Liabilities, June 1989.
"Determining the Most Suitable Ownership Structure", Insight, Search, Acquisition and Ownership of Commercial Real Estate Developments, 1989.
"Condominiums", CBAO, All and Singular: Topics of Current Interest, February 6, 1988.
Co-chair, Annual Real Estate Retreats, LSUC, 1988–1990.
"Acting for the Condominium Purchaser", LSUC, Current Concerns in Condominium Law, 1987.
"Concerns of the Condominium Unit Purchaser", Insight, Condominium Development in 1987: Maximizing Profits and Minimizing Liabilities, 1987.
"Current Concerns in Condominium Law", LSUC, October 26, 1987.
"Insurance Concerns in Real Estate Conveyancing and Mortgage Transactions, CBAO, Insurance Aspects of Real Estate and Leasing Transactions, November 16, 1987.
"Municipal Regulation of New Home Construction and Building Maintenance", LSUC, What to Do when the Roof Falls In: Remedies for Building Deficiencies in New and Resale Houses, January 10, 1987.
"Enforceability of Options and Rights of First Refusal", LSUC, Structuring and Financing Commercial Real Estate Transactions, 1986.
"Searches and Opinions in Real Property Mortgage Transactions", CBAO, Real Property: Mortgage Matters, February 9, 1985.
"Acting for the Condominium Purchaser", LSUC, Continuing Legal Education Program on Current Concerns in Condominium Law, 1984.
"Insurance Concerns in Real Estate Conveyancing and Mortgage Transactions", LSUC, Insurance Planning in Real Estate and Leasing Transactions, 1984.
Bradley McLellan has extensive experience in infrastructure and public projects, including procurement, risk allocation, public-private partnership arrangements, concession agreements, ground leases, design-build agreements and operation and management agreements. He also is a recognized expert in the purchase, sale and financing of commercial real estate.
Brad is a co-chair of the firm's infrastructure and public projects practice and heads the commercial real estate practice. Brad has acted for numerous public sector clients in the development of significant infrastructure and other public projects. Projects include rapid transit, a people mover system, sports and entertainment centres, and a mixed use downtown redevelopment.
In addition, Brad has extensive expertise in the purchase, sale, and financing of land, and he has provided advice on environmental issues to owners, purchasers and lenders.
Brad is the co-author of Real Estate Law (4th edition, 1992), and he was a co-author of Condominium: The Law and Administration in Ontario (1st edition, 1981). He has written extensively in the areas of infrastructure and public projects, real estate law, mortgage law, condominium law, and environmental issues in the purchase, sale and mortgaging of real estate.
Brad taught the Real Estate Transactions course at the University of Toronto Law School for 17 years as an adjunct Professor and at Osgoode Hall Law School for 3 years. He has also taught in the part-time Real Estate LL.M. program at Osgoode Hall Law School.
Brad has consistently been named in professional directories as a leading practitioner in Toronto in real estate law, property financing and development.
Significant Transactions
Brad has acted for York Region in its Rapid Transit Project (VIVA) since April of 2002. He provided procurement and project structuring advice, and worked on numerous project documents, including a design-build agreement and an operations and management agreement.
He acted for the City of London in its John Labatt Centre Project and for the City of Oshawa in its General Motors Centre Project. Project work included procurement advice, project structuring, design-build agreements, a ground lease, leasehold financing, and operation and management agreements.
He acted for the City of Kitchener in a downtown redevelopment project with the private sector.
He currently acts for the City of Niagara Falls in its People Mover Project, which when completed will be a public-private partnership to serve the tourism industry in Niagara Falls.
Brad has for many years acted for a significant owner and developer of historical commercial properties in Toronto and Ottawa. One of the properties owned and financed by this successful joint venture is the North Toronto Station in Toronto. Brad does all of the commercial real estate work on these projects.
Publications
Books
Real Estate Law (4th ed.) Reiter, McLellan & Perell, (Toronto: Emond Montogomery, 1992).
Condominium: The Law and Administration in Ontario (1st ed.) Loeb & McLellan.
"Contracts for the Sale of Land" in Law of Real Property (2nd ed.) Anger and Honsberger.
Co-author (with Paul M. Perell) "Standard Provisions for Title and Other Requisitions" in Agreements of Purchase and Sale, Salvatore, Carter & Perell (eds.), 1996.
Periodicals
Co-editor, Condominium Law Letter.
"Ceolaro v. Humber Ltd.", in Condominium Magazine, September 1995.
"International Bar Association Recommendations for Regulation of the Timeshare Industry" (1991), 19 International Business Lawyer 11.
"Annotation to Durham Condominium Corp. No. 56 v. 472287 Ont. Inc." (1983), 26 R.P.R. 196.
"Waiver of Interest by Condominium Purchasers" (Annotation to Re Tridel Const. Ltd. and Wright; Grandby Invt. Ltd. v. Wright) (1982), 20 R.P.R. 39.
"Two Problem Areas in Condominium Legislation" (1978), 36 U.T. Fac. L. Rev. 44.
WeirFoulds LLP Client Seminar Papers
"Things You Must Know Before Proceeding With An Infrastructure Project Involving Public and Private Participants", (Co-authored with Daniel P. Ferguson) Brownfields Development From Urban Bane To Development Boom, Hamilton Port Authority Seminar, June 8, 2005.
"Learning From Other Canadian And International Infrastructure Projects Involving Public And Private Participants", (Co-authored with Daniel P. Ferguson) Brownfields Development From Urban Bane To Development Boom, Hamilton Port Authority Seminar, June 8, 2005.
"Structuring and Financing Infrastructure Projects Involving Public and Private Participants", (Co-authored with Daniel P. Ferguson) Brownfields Development From Urban Bane To Development Boom, Hamilton Port Authority Seminar, June 8, 2005.
"Structuring and Financing P3s" (Co-authored with Daniel P. Ferguson), Making P3s Work: The Public Sector Perspective, October 27, 2003.
"Learning from Other Canadian and International P3s", (Co-authored with Daniel P. Ferguson and Ian J. Lord), Making P3s Work: The Public Sector Perspective, October 27, 2003.
"Sports and Entertainment Facility Developments: A Unique Partnering Opportunity" (Co-authored with Deborah R. Rogers) Public-Private Partnerships For Sports and Entertainment Facilities: Municipal and Planning Law, Update, Current Issues of Interest, February 22, 2001.
"Professional Liability of In-House Counsel" (Co-authored with Gary M. Caplan) for a Presentation held for the Bank of Nova Scotia, April 4, 2000.
"Environmental Issues In The Purchase and Sale of Land" in a Joint Seminar by Conestoga-Rovers & Associates/ WeirFoulds LLP, April 1999.
"The Current Crisis in Condominium Law" Fourth Annual Contemporary Legal Issues Conference: New Liabilities and New Initiatives, May 19, 1993.
"New Issues in Environmental Law" (Co-authored with R. B. Warren), Second Annual Contemporary Legal Issues Conference, May 21, 1991.
"Environmental Law and the Buying, Selling, Leasing and Mortgaging of Land" Legal Issues in the 90's, May 1, 1990.
Speaking Engagements
"To P3 or not to P3: Planning and Structuring Municipal Infrastructure Projects", WeirFoulds Municipal Law Client Seminar, Toronto, ON, June 3, 2010.
"Duty to Disclose – Understanding Why Silence May Not Be Golden", 7th Annual Real Estate Law Summit, The Law Society of Upper Canada, Toronto, ON, April 21-22, 2010.
Co-Chair and Speaker, "Managing Project Risks When Receiving Infrastructure Funding", 16th Annual Provincial/ Municipal Government Liability Conference, The Canadian Institute, Toronto, ON, February 9-10, 2010; Post-Conference Workshop, February 11, 2010.
Speaker, "Covenants, Representations, Conditions and Warranties", Covenants Concerning the Use of Land, Ontario Bar Association CLE, Toronto, ON, December 8, 2009.
Speaker, "Investment Infrastructure", AIC Alternative Investment Conference, Rogers Digital Media News & Business, Niagara-on-the-Lake, December 1-3, 2009.
Speaker, "Exploring Funding Opportunities in Public-Private Partnerships (P3s) and Alternative Financing Programs (AFPs)", The Canadian Institute, 19th Annual Construction Superconference, Toronto, ON, November 24–25, 2009.
Speaker, "Horrible Things that Happen to the Property before Closing", The Six-Minute Real Estate Lawyer 2009, The Law Society of Upper Canada, Toronto, ON, November 18, 2009.
Co-chair, "Project Scoping, Operations and Funding Strategies", Renewing, Developing and Financing Canada's Infrastructure, Insight Information, Toronto, ON, October 19, 2009.
Co-author, "Project Paperwork", Renew Magazine, September/October 2009.
Panellist, "Infrastructure/Stimulus Packages and Cities", IPAC-CCM Cities Conference, Toronto, ON, September 24-25, 2009.
Panellist, "Infrastructure and Renewal Development in the Caribbean", University of the West Indies, South Beach, Florida, USA, August 16-19, 2009.
Co-lecturer, "Types of PPPs and Impact on Negotiations: Legal Structures", Structuring & Negotiating Public-Private Partnerships, Federated Press Conference Division, May 28-29, 2009.
Co-chair and Speaker, "Building Municipal Infrastructure Through Partnerships: How to Secure Funds and Gain Government Support", The Canadian Institute, Getting Infrastructure Deals Done in a Tight Credit Market, 2nd Annual Partnering for Public Infrastructure, Financing, Development and Renewal, Toronto, ON, May 11–12, 2009.
"Troubled Deals—What To Do When Deals Go 'Sideways'", Law Society of Upper Canada, 6th Annual Real Estate Law Summit, April 22 and 23, 2009.
Moderator, "Re: Infrastructure On-Line Dialogue/ Debate", Benefits Canada/Rogers, April 14-May 18, 2009.
Speaker, "Mortgages in Residential Real Estate Transactions", Licence Appeal Tribunal Meeting, MacDonald Block, Queen's Park, February 26, 2009.
Speaker, 15th Annual Provincial/ Municipal Government Liability Conference, Toronto, ON, February 9–10, 2009.
"Due Diligence in an Infrastructure Investment", Institutional Real Estate, Inc., Publishers and Consultants, Investing In Infrastructure (i3), The Westin Copley Place, Boston, USA, November 17–19, 2008.
Panellist, "Developing a P3 Policy and Process for Your Government", The Canadian Institute, Public Private Partnerships: Strategies to Achieve Best Value for Money and Manage Your Partnership Effectively, Vancouver, BC, November 4-5, 2008.
"Current and Future Infrastructure Renewal, Development and Financing: A Canadian Perspective", Infrastructure Investment Summit, Canadian Investment Review, Toronto, ON, October 23, 2008.
"Determining the Optimal Risk Allocation in a P3", The Canadian Institute, Negotiating P3 Agreements, Edmonton, AB, October 20-21, 2008.
"Municipal Projects", Osgoode Professional Development, The Legal Guide to Financing and Structuring Infrastructure Projects, Toronto, ON, September 24–25, 2008.
Article, "Real Estate Aspects of Infrastructure Development", Lawyers Weekly, September 2008.
Article, "Infrastructure—A Vibrant Component of Commercial Real Estate" (Co-authored with Barnet Kussner), National Post, July 2008.
Panellist, "Making It Clear—Drinking Water Quality Management Standard in Practice", OPWA (Ontario Public Works Association), Mississauga, ON, June 5, 2008.
Chair and Speaker, "The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, The Annotated Agreement of Purchase and Sale, June 3, 2008.
Co-chair and Speaker, "Guiding Municipalities Through P3 Projects" Partnering for Public Infrastructure, Financing, Development and Renewal, The Canadian Institute, Toronto, ON, May 12-13, 2008.
"Alternative Models for the Delivery of Safe Drinking Water and Wastewater", WeirFoulds LLP Seminar/"Think Tank", London, ON, February 19, 2008.
Speaker, "Managing Risk When Delivering Infrastructure and Related Services", 14th Annual Provincial/ Municipal Government Liability Conference, Toronto, ON, February 7–8, 2008.
Panellist, "Ask The Expert", Ontario Bar Association (Real Property Section), Toronto, ON, January 17, 2008.
"Alternative Models for the Delivery of Safe Drinking Water and Wastewater", WeirFoulds LLP Seminar/"Think Tank", Toronto, ON, January 15, 2008.
"Notice Clauses In Real Estate Agreements—How Can Notices Be Given, When Are They Deemed To Be Received and What If They Are Late?" (Co-authored with Barbara Zeller), The Law Society of Upper Canada, The Six-Minute Real Estate Lawyer 2007, November 14, 2007.
Panellist, "Different Types of Infrastructure—Transportation And Energy & Utilities", Institutional Real Estate, Inc., Publishers and Consultants, Investing In Infrastructure (i3), InterContinental Hotel, Chicago, USA, November 5–7, 2007.
Speaker, "Demystifying Infrastructure Project Documentation", Canadian Investment Review, Infrastructure Investment Summit, Mont Tremblant, May 23–25, 2007.
Co-chair and Speaker, "Risk Allocation and Performance Measures in Municipal Contracts", Insight, Procurement in the Public Sector: Reducing and Managing Risk, May 10–11, 2007.
"Latent Defects and the Duty to Disclose", Law Society of Upper Canada, 4th Annual Real Estate Law Summit, April 18 and 19, 2007.
Co-chair, Moderator and Speaker, "Infrastructure Development, Renewal & Financing: Meeting Canada's Infrastructure Challenge", The Canadian Institute, 3rd Annual Forum, Toronto, ON, February 12–13, 2007.
"What is a Mortgage Defeasance and When Is It Done?", The Law Society of Upper Canada, The Six-Minute Real Estate Lawyer 2006, November 15, 2006.
Panellist, "Interactive Panel Discussion: Balancing the Political and Economic Issues of Public Asset Privatization", U.S. Infrastructure Investing Summit, Project Finance for American Public Assets as a Long-term Investment Alternative, New York, U.S.A., October 17–19, 2006.
"Covenants, Representations, Conditions and Warranties", OBA-ABO Real Property, Covenants Concerning the Use of Land, October 16, 2006.
"Public-Private Partnerships and Alternative Project Delivery Models" (Co-authored with Daniel P. Ferguson), Western Canadian Construction Update, Calgary, AB, September 14, 2006.
"Planning and Developing A Successful Infrastructure Project" (Co-authored with Daniel P. Ferguson), Infrastructure Investment Summit 2006, June 14–16, 2006.
"Environmental Contamination Issues And The Purchase And Sale Of Land", Lorman Education Services, Environmental Land Use in Ontario, May 10, 2006.
Co-chair and Speaker, "Building Performance Measures into Contracts", Insight, Performance Measurement in the Public Sector, April 27–28, 2006.
Co-chair, "Infrastructure Financing: Development & Renewal Conference", The Canadian Institute, February 23–24, 2006.
Co-chair, "Infrastructure Renewal and Financing Conference", The Canadian Institute Conference, February 28, 2005 and March 1, 2005.
"Implications For Developers and Lenders", Brownfield's Seminar, October 27, 2004.
"Land Transfer Tax Issues that Real Estate Lawyers Should Focus On", The Law Society of Upper Canada, Professional Development and Competence Department, 6-Minute Real Estate Lawyer 2004, November 17, 2004.
"Tips and Traps for New Real Estate Lawyers", The Law Society of Upper Canada, 3rd Annual New Lawyer Experience, September 22, 2004.
"What You can Learn from Veteran Practitioners in Key Practice Areas", "A Real Estate Lawyer", and "The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, 2nd Annual New Lawyer Experience, October 27, 2003.
"The Annotated Agreement of Purchase and Sale for Residential Property", The Law Society of Upper Canada CLE, The Annotated Agreement of Purchase and Sale, June 3, 2003.
"Damage and Destruction to the Property Prior to Closing—The O.R.E.A. Clause and its Application", The Law Society of Upper Canada CLE, Return of the Six Minute Real Estate Lawyer 2002, November 27, 2002.
"Drafting Purchase Agreements To Qualify Or Extend Caveat Emptor", The Law Society of Upper Canada, Special Lectures, April 18–19, 2002.
"Letters of Intent: What Should They Say and What Is Their Effect?", OBA Real Property Section Seminar, March 21, 2002.
"Binding Agreements", The Law Society of Upper Canada, Return of the Six Minute Real Estate Lawyer 2001, December 5, 2001.
"Selected Easement Issues", OBA, Real Estate and the Waterfront, OBA, October 1, 2001.
"Initiatives to Reform Limitation Periods", LSUC, Return of the Six-Minute Real Estate Lawyer, November 28, 2000.
"The New Condominium Act ", Thunder Bay Law Association CLE, October 18, 2000.
"Basic Principles of Ontario's Land Titles System", CBAO, Land Titles: It's Going To Be The Only Game In Town, September 25, 2000.
"Options and Rights of First Refusal in Real Estate Transactions", CBAO, Options To Purchase, June 26, 2000.
"Good Faith Bargaining", CBAO, The Six Minute Real Estate Lawyer Returns, November 4, 1999.
"Law For Condominium Managers: A Student's Manual", ACMO Seminar, August 1999.
"The New Condominium Act, 1998", CBAO, Condominium Law Reform Programme—Bill 38 and The Future of Condominiums in Ontario, May 17, 1999.
Co-speaker, "Requisitions and the Nullity Clause", CBAO, Real Property Agreement Agreements of Purchase and Sale: The Definitive Analytical Series, May 10, 1999.
"Sections 10–15 of The New Condominium Act, 1998", ACMO Seminar, The Condominium Act, 1998—A Property Manager's Perspective, April 9, 1999.
"Environmental Issues In The Purchase and Sale of Land", Joint Seminar by Conestoga-Rovers & Associates/Weir & Foulds, April 1999.
"The Purchase and Sale of a Condominium Unit", LSUC, Bar Admission Course Materials, 1995—1999.
"Limitation and Notice Period Issues—Real Estate Transaction Concerns", CBAO, Limitations: Defusing the Ticking Time Bomb, April 23, 1998.
"The Top Ten Real Property Cases in 1997", CBAO Annual Institute, Real Property Section, Survive and Thrive: Changes and Challenges in the New Practice of Real Property Law, January 29, 1998.
"Rescission Clause", CBAO, The Six Minute Real Estate Lawyer, May 22, 1998.
"Issues of Interest", CBAO, Mortgage Law: A Comprehensive Review of Emerging Issues, October 20, 1997.
"Limitation and Notice Period Issues—Real Property Concerns", CBAO, Limitations: Defusing the Ticking Time Bomb, May 14, 1997.
"Title Opinions and Reporting Requirements in Commercial Real Estate Lending Transactions", CBAO Young Lawyers Division, Dollars and Sense in Commercial Real Estate Lending Transactions, November 23, 1996.
"Bulletproofing the File and Yourself: Recent Cases Affecting the Standard of Care Expected of Real Estate Solicitors and Common Errors to Avoid", CBAO Real Property Section Meeting, October 30, 1996.
"Claims by Consumers Arising from Legal Services Provided in Ontario", International Bar Association's 26th Biennial Conference, Berlin, Germany, October 23, 1996.
"Solicitors' Responsibilities with Regard to Fraud and Forgery in Real Estate Transactions", CBAO Annual Institute, Real Property—Decisions, Decisions, Decisions: Questions of Judgment in Real Estate Matters, January 26, 1996.
Co-speaker, "Innocent Mistakes Made by General Practitioners and How to Avoid Them", CBAO, General Practice Section Meeting, June 20, 1995.
Co-author, "Condominium Update", CBAO Annual Institute, Real Property—The Road to Recovery: Real Estate Issues and Concerns Beyond the Recession, February 9, 1995.
"Some Sample Indemnity Clauses and Agreements, and Some Drafting Concerns", CBAO, Indemnities in Commerce and the Courtroom, November 11, 1994.
"The Current Crisis in Condominium Law", Fourth Annual Contemporary Legal Issues Conference, New Liabilities and New Initiatives, May 19, 1993.
Co-author, "Concentration on Condos-Highlights of the Proposed New Condominium Act", CBAO Annual Institute, Real Property—Sharpening Skills—Real Estate Tools, January 28, 1993.
"New Rules and Provisions for Interim Occupancy", Insight, Bill 81 and the Future of Condominiums in Ontario, December 15, 1992.
"Title Opinions in Commercial Real Estate Transactions", CBAO, What They Didn't Teach You at The Bar Admission Course: Basic Issues in Commercial Real Estate, March 7, 1992.
Co-author, "Current Crisis in Condominium Law", CBAO Annual Institute, A Real Estate Buffet: A Taste of Topics for 1992, January 30, 1992.
Co-author, "A Buyer's Guide to Recreational Condominiums and Time Sharing and its Problems", LSUC, Recreational Real Estate: The Bottom Line, October 4, 1991.
"Environmental Considerations in Real Estate Transactions: Concerns of Mortgagees and Landlords/Tenants, the Importance of Environmental Audits and Evolving Trends", CBAO, Land Transactions, Development Applications and Appeals, and Environmental Law, June 8, 1990.
"New Issues in Environmental Law" (Co-authored with R. B. Warren), Second Annual Contemporary Legal Issues Conference, May 21, 1991.
"Environmental Law and the Buying, Selling, Leasing and Mortgaging of Land" Legal Issues in the 90's, May 1, 1990.
"Paradise by the Week—Timesharing and its Problems", LSUC, Third Annual Real Estate Retreat, 1990.
"Questions of Judgment: Standards of Professional Conduct in Reviewing and Opining on Title Matters" (Co-chaired with B.D. Bucknall and P.D. Quinn), CBAO, 1990.
"Site and Building Contamination: How to Avoid or Minimize Liability When Acquiring Property", Ontario Expropriation Association Program, October 13, 1989.
"Environmental Liability Considerations In Major Business Transactions", The Canadian Institute, Corporate Environmental Responsibilities, New Ethics, Duties & Liabilities, June 1989.
"Determining the Most Suitable Ownership Structure", Insight, Search, Acquisition and Ownership of Commercial Real Estate Developments, 1989.
"Condominiums", CBAO, All and Singular: Topics of Current Interest, February 6, 1988.
Co-chair, Annual Real Estate Retreats, LSUC, 1988–1990.
"Acting for the Condominium Purchaser", LSUC, Current Concerns in Condominium Law, 1987.
"Concerns of the Condominium Unit Purchaser", Insight, Condominium Development in 1987: Maximizing Profits and Minimizing Liabilities, 1987.
"Current Concerns in Condominium Law", LSUC, October 26, 1987.
"Insurance Concerns in Real Estate Conveyancing and Mortgage Transactions, CBAO, Insurance Aspects of Real Estate and Leasing Transactions, November 16, 1987.
"Municipal Regulation of New Home Construction and Building Maintenance", LSUC, What to Do when the Roof Falls In: Remedies for Building Deficiencies in New and Resale Houses, January 10, 1987.
"Enforceability of Options and Rights of First Refusal", LSUC, Structuring and Financing Commercial Real Estate Transactions, 1986.
"Searches and Opinions in Real Property Mortgage Transactions", CBAO, Real Property: Mortgage Matters, February 9, 1985.
"Acting for the Condominium Purchaser", LSUC, Continuing Legal Education Program on Current Concerns in Condominium Law, 1984.
"Insurance Concerns in Real Estate Conveyancing and Mortgage Transactions", LSUC, Insurance Planning in Real Estate and Leasing Transactions, 1984.
Awards & Recognition
Recognized many times by Lexpert as a leading practitioner in the field of property development.
Part of the Real Estate Law team at WeirFoulds that was recognized as #1 in Toronto and Ontario by Best Lawyers in Canada.
Received a Certificate of Recognition in 2007 from the Faculty of Law at University of Toronto for 17 years of teaching the Real Estate Law course as an adjunct Professor.
Professional Activities
Taught the Real Estate Law course at the Faculty of Law, University of Toronto, for 17 years as an adjunct Professor.
Taught the Real Estate Law course at Osgoode Hall Law School for 3 years as an adjunct Professor.
Taught in the part-time Real Estate LL.M. program at Osgoode Hall Law School.
Lectured for many years in the Real Estate Law course in Ontario's Bar Admission Course.
Numerous lectures at Continuing Education Programs.
Affiliations
Ontario Bar Association
International Bar Association