P A C I F I C B U S I N E S S & L A W I N S T I T U T E

Commercial Leasing: Current Issues and New Developments

March 30th, 2017 • UBC Robson Square • Vancouver, BCLive Webinar also available!

Co-Chaired by Neil Davie Mario Rubio Norton Rose Fulbright Canada LLP Norton Rose Fulbright Canada LLP

Approved by

the Law Society of BC

for 6.5 hours of

professional development credits

REGISTER TODAY!

www.pbli.comCo-Chairs

Neil Davie, Partner, Norton Rose Fulbright Canada LLP, Vancouver, BC. Neil practises in the Real Estate Group at Norton Rose Fulbright. Neil’s practice involves all aspects of commercial real estate including the acquisition, financing, leasing, development and sale of residential, industrial, office, and retail properties for local, national, and offshore clients. Neil has extensive experience advising clients at all stages of

the development process – from rezoning through to building occupancy. He has worked on a number of complex phased and mixed-use developments for some of the Lower Mainland’s leading residential and commercial real estate developers. Neil was named one of 2014’s Lexpert Rising Stars – Leading Lawyers Under 40. Neil has also been recognized as a leading lawyer in the area of Real Estate by Lexpert, Chambers Canada, and Chambers Global. Neil has been listed in Best Lawyers in Canada in the areas of Commercial Leasing Law and Real Estate Law and was named the “2016 Lawyer of the Year” in the area of Commercial Leasing Law for Vancouver.

Mario Rubio, Associate, Norton Rose Fulbright Canada LLP, Vancouver, BC. Mario is a senior associate in Norton Rose’s Real Estate Group, where he assist clients with real estate transactions involving the acquisition, financing, leasing, development, subdivision, and sale of commercial, industrial, office, retail, and residential properties. Mario represents a broad range of clients, including developers, retail

companies, forestry companies, societies, port authorities, and other commercial, industrial, and residential landowners. Mario is the Co-Chair of the Canadian Bar Association—Vancouver Real Property Subsection.

FacultySergio C. Custodio, Partner, Fasken Martineau DuMoulin LLP, Vancouver, BC. Sergio Custodio is the Co-Leader of the National Real Estate Law Practice Group at Fasken Martineau. Sergio advises clients on a broad range of business matters, with a focus on commercial transactions, real estate, infrastructure, and transportation. He formerly practised law as in-house counsel for the Vancouver International

Airport Authority, a private airport authority that manages one of Canada’s busiest airports. He was listed as a Lawyer to Watch in the 2016 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada. He teaches Airport Law at the BCIT School of Transportation and currently serves as a Director of the Granville Island Trust and is a Member of the Next Leaders Council of the Business Council of British Columbia.

Ian Hardie, Associate, Norton Rose Fulbright Canada LLP, Vancouver, BC. Ian Hardie is a member of Norton Rose’s real estate team, where he advises clients on transactions involving the acquisition, financing, leasing, development, and sale of commercial, industrial, and residential properties.

Rachel V. Hutton, Partner, Stikeman Elliott LLP, Vancouver, BC. Rachel is a member of Stikeman Elliott’s Commercial Real Estate Group and Project Development Group. Her practice includes all aspects of real estate and capital project dispositions, acquisitions, financing, and development. She is frequently involved in joint venture, M&A, and other corporate transactions, bringing expertise in permitting and

approvals, First Nations benefit agreements, and environmental law. Rachel has acted for municipalities, clients in the energy and resource sector, pension funds, and developers in the purchase and sale of major industrial, commercial, single, and multi-asset properties, on both a share and asset basis. She is also active in the real estate finance and project finance markets, acting for both lenders and borrowers.

Scott MacDonald, Partner, Richards Buell Sutton LLP, Vancouver, BC. Mr. MacDonald is the head of his firm’s Litigation and Dispute Resolution Department with over 30 years’ experience in the resolution of commercial disputes. Scott is a prolific author on commercial lease disputes and a frequent presenter to professional groups and industry organizations on arbitration, commercial leasing, employment,

environmental, insurance and real estate disputes. He is the editor, course chair and contributing author for the Commercial Tenancy Law Course developed for BOMA, BC. He has extensive trial and appellate court experience as counsel on a number of notable commercial leasing cases including: The Zone Bowling Centre (2002) Ltd. v. 14100 Entertainment Blvd. Investments Ltd.; Van Air Holdings Ltd. v. Delta Charters (1982) Inc.; Vancouver City Savings Credit Union v. Newtown Investments Inc.; O’Connor v. Fleck; and many others.

Richard J. Olson, Associate, McKechnie & Company, Vancouver, BC. Richard Olson, author of A Commercial Tenancy Handbook (Carswell 2004), was called to the Bar in 1982 and is associate counsel at McKechnie & Company. Mr. Olson advises on commercial, real estate, and commercial tenancy disputes and sits as an arbitrator and mediator on commercial and real estate disputes.

Laura Smith, Associate, Fasken Martineau DuMoulin LLP. Laura is an associate in the Real Estate Group and Banking & Finance Group at Faskens. Her practice involves real estate development, commercial property acquisitions, and commercial leasing. She has represented both landlords and tenants in a variety of commercial leasing transactions.

Commercial Leasing: Current Issues and New Developments

Commercial leases are complex documents that can be intimately tied to the success of a business. Lawyers and business professionals must consider a wide range of issues in order to protect both landlords and tenants from unnecessary conflict and costs. And if conflict does arise, advisors must be equipped with a complete understanding of the various dispute-resolution tools that are available.

This program brings together expert faculty to provide guidance on strategies to minimize risks and costs by taking proactive approaches to commercial leases. Attendees learn about practical solutions to difficult problems on a range of important commercial leasing topics.

Key Issues To Be Addressed:

• A review of new case-law developments in the context of commercial leases

• Negotiating “Anchor Tenant” leases• Issues specific to insurance and indemnities

in leasing• Negotiating and reviewing leases during an

M&A transaction• Issues that arise when exercising renewals

and extensions• Advice for conducting rental arbitrations• Leasing issues arising out of the developing

marijuana licensing regime

Who Should Attend?

• Solicitors who draft and advise on commercial leases

• Litigators with clients involved in landlord/tenant disputes

• Commercial landlords and tenants• Business owners and advisors• Property managers

REGISTER TODAY!

www.pbli.com

Commercial Leasing: Current Issues and New DevelopmentsMarch 30th, 2017

9:00 Welcome and Introduction by PBLI

9:05 Chairs’ Welcome and Introduction Neil Davie & Mario RubioNorton Rose Fulbright Canada LLP

9:10 2017 Case Law UpdateLaura SmithFasken Martineau DuMoulin LLP• A review of recent important cases in commercial leasing

9:50 Questions and Discussion

10:00 Negotiating Anchor Tenant LeasesNeil Davie & Mario RubioNorton Rose Fulbright Canada LLP• Tips and traps for negotiating “Anchor Tenant” leases

10:50 Questions and Discussion

11:00 Refreshment Adjournment

11:15 Insurance and Indemnities in LeasingSergio C. CustodioFasken Martineau DuMoulin LLP• What issues arise when a tenant causes damage to

leased premises?• New case-law developments on insurance and

indemnities in leasings

12:05 Questions and Discussion

12:15 Networking Lunch

1:15 Dealing with Leases during Mergers and AcquisitionsRachel V. Hutton Stikeman Elliott LLP• Tips and traps for conducting due diligence on leases,

including proper review of environmental risks, tenant-specific risks, and consent and assignment provisions

• Issues arising out of lease-backs and sellers as first-time landlords

• Practice advice for working with leases within a corporate deal

1:55 Questions and Discussion

2:05 Leases with Specific Issues: Marijuana Grow-Ops and DispensariesIan HardieNorton Rose Fulbright Canada LLP• Update on the status of the marijuana/cannabis

laws, the medical marijuana licensing regime, current zoning considerations, and the legality of dispensaries

• Special considerations for landlords and the risk of civil forfeiture

• Production in the agricultural land reserve

2:45 Questions and Discussion

2:55 Refreshment Adjournment

3:10 Options to Renew and Extend Commercial LeasesScott MacDonaldRichards Buell Sutton LLP• The distinction between renewals and extensions• What options are unenforceable?• Conditions precedent and exercising the option

or extension • How is rent determined?

3:40 Questions and Discussion

3:50 Rental Arbitrations: Preparing Evidence for Positive OutcomesRichard J. OlsonMcKechnie & CompanyScott MacDonaldRichards Buell Sutton LLP• A review of procedures and issues present in

rental arbitrations• Dealing with the valuator in arbitration contexts• Adducing the best evidence to achieve your

client’s goals

4:40 Questions and Discussion

4:50 Chairs’ Closing Remarks – Program Concludes

Please recycle

Course Accreditation: Attendance at this course can be listed for up to 6.5 hours of continuing professional development with the Law Society of BC.

Registration FormPacific Business & Law InstituteUnit 2 - 2246 Spruce StreetVancouver, BC Canada V6H 2P3 Telephone: 604-730-2500; Fax: 604-730-5085 E-mail: registrations@pbli.com

Information

Four Ways to Register: 1. Telephone us: 604-730-2500 or toll free 877-730-25552. Fax us: 604-730-5085 or toll free 866-730-50853. Mail your registration form with payment 4. Register at www.pbli.com/1340

Registration: The registration fee is $770.00 plus GST of $38.50 totalling $808.50 covering your attendance at the program (in person or by live webinar), written materials, a light breakfast, a networking lunch and refreshments throughout the day.

Early Bird Discount: Register by February 28th, 2017 and receive a $100 discount on the registration fee ($670.00 plus GST).

Group Discount: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Early Bird and Group Discount cannot be combined.

Payment: You may pay by VISA, MasterCard or cheque. Cheques should be made payable to the Pacific Business & Law Institute. Registration fees must be paid prior to the program.

When and Where: Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit http://www.robsonsquare.ubc.ca/find-us/ for directions.

Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be available for pick-up at the program. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

Your Privacy: We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.

Cancellations: Full refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (March 23rd, 2017). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue for this event.

Register today at www.pbli.com/1340

Commercial Leasing: Current Issues and New Developments

March 30th, 2017UBC Robson Square • Vancouver, BC

In person Live webinar

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