Commercial Real Estate

Announcement

TPG Partners with Oxford Property Group on C$1.3-Billion Transaction

Jan. 05, 2024 – In a recent landmark transaction, Davies acted as counsel to TPG in its acquisition (and related financings) from Oxford Property Group of a 75% interest in two Class-A industrial business parks in the Greater Toronto Area, valued at C$1.3 billion. TPG is a leader in the alternative asset space,...

Bulletin

Major Expropriation Reform in Québec

Dec. 05, 2023 – The Act respecting expropriation was adopted on November 29, 2023. It applies to expropriations initiated by the Government of Québec and municipal bodies. The Act provides for important changes, notably with regards to contesting the right to expropriation as well as to the procedural and...

Bulletin

New GST Rebate for Purpose-Built Rental Property

Sept. 26, 2023 – As an incentive to builders to create more rental housing units, the federal government has announced the effective elimination of the goods and services tax (GST) payable on newly constructed rental housing, such as apartment buildings, student housing and senior residences built specifically for...

Bulletin

Major Expropriation Reform on the Horizon in Québec

May 30, 2023 – On May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act . Like the current law, the bill will apply to expropriations initiated by both the provincial and municipal governments. The bill provides for major changes related to: contesting the right to...

Bulletin

New Rules and Reporting Requirements Coming for the Real Estate Sector

Dec. 23, 2022 – As 2022 comes to a close, we draw your attention to certain new and proposed legislation that the Canadian federal government has introduced and that will have important implications for Canadian residential real estate and the Canadian real estate sector more broadly. Specifically, we offer...

Announcement

Umicore to Build First-of-Its-Kind Factory for EV Battery Components in Ontario

July 20, 2022 – Davies is acting for Umicore SA/NV, a circular materials technology company headquartered in Belgium, in the development and construction of a manufacturing plant for electric vehicle battery materials. The facility will be the first of its kind in North America to produce both precursor and...

Bulletin

Canada Confirms Intention to Institute New Interest and Deductibility Rules

June 07, 2022 – Overview The Department of Finance (Canada) (Finance) released draft legislation on February 4, 2022 that would limit the deduction of “interest and financing expenses” to a fixed percentage of earnings before interest, taxes, depreciation and amortization (EBITDA) for Canadian income tax purposes...

Announcement

TPG Real Estate Acquires Cinespace Film Studios

Nov. 22, 2021 – Davies, together with Kirkland & Ellis LLP in Chicago, acted for TPG Real Estate Partners (TREP), the dedicated real estate equity investment platform of alternative asset firm TPG, in its acquisition (and related financing) of Cinespace Film Studios. Cinespace is the second-largest independent...

Announcement

Cominar to Be Sold to Iris Acquisition for $5.7 Billion

Oct. 25, 2021 – Davies is acting as counsel to Cominar REIT, one of Canada’s largest diversified real estate investment trusts and the largest commercial property owner in Québec, in its $5.7-billion sale to Iris Acquisition II LP, an entity created by a consortium led by Canderel Real Estate Property Inc., one of...

In the News

Anthony Arquin Talks to Les Affaires About the Pandemic’s Impact on Real Estate

Jan. 06, 2021 – Davies partner Anthony Arquin is quoted in two articles published (in French) in Les Affaires ’ annual feature on the real estate market. According to Anthony , the market downturn caused by the pandemic has prompted several commercial property owners to reconsider the purpose of their real...

Bulletin

Disclosure Rules for Nominee Contracts Come into Force in Québec

Oct. 02, 2020 – Bill 42, An Act to give effect to fiscal measures announced in the Budget Speech delivered on 21 March 2019 and to various other measures was assented to on September 24, 2020, bringing into force the new rules respecting the disclosure of nominee contracts to Revenu Québec (RQ ). The purpose of...

Bulletin

Bill 66 to Accelerate Certain Infrastructure Projects

Oct. 01, 2020 – Bill 66, An Act respecting the acceleration of certain infrastructure projects , was introduced in the National Assembly on September 23, 2020. Bill 66 reproduces in essence the provisions governing infrastructure projects of Bill 61, An Act to restart Québec’s economy and to mitigate the...

Bulletin

Can the State Be Held Liable for Neighbourhood Disturbances?

June 17, 2020 – In Maltais c Procureure générale du Québec , 2020 QCCA 715, the Québec Court of Appeal rendered an important decision regarding Crown liability. Its decision clarifies whether the regime of no-fault liability for neighbourhood disturbances applies to the government. It also contains important...

Bulletin

Bill 61: Restarting Québec’s Economy

June 08, 2020 – Bill 61, An Act to restart Québec’s economy and to mitigate the consequences of the public health emergency declared on 13 March 2020 because of the COVID-19 pandemic (the Bill) was introduced in the National Assembly on June 3, 2020. Additional measures relating to the protection of commercial...

Bulletin

Canada Commercial Rent Assistance Program: Details and Practical Considerations

June 05, 2020 – The Canada Mortgage and Housing Corporation (CMHC) has begun accepting applications for the Canada Emergency Commercial Rent Assistance Program (CECRA) for small businesses affected by the COVID-19 pandemic, a program that had initially been announced on April 29. The program involves a two-step...

Bulletin

City of Montréal’s Right of First Refusal for Social Housing

Apr. 29, 2020 – UPDATED: Montréal’s agglomeration council (AC) adopted on March 26 a bylaw that will allow the City of Montréal (City) to exercise a right of first refusal (pre-emptive right) to purchase properties to be used to build social housing. The City may exercise its right of first refusal and purchase...

Bulletin

Increase of Transfer Duties in Montréal

Dec. 17, 2019 – The City of Montréal has adopted a bylaw that will increase the transfer duties payable in Montréal for transactions exceeding $2 million, starting on January 1, 2020. The City is adding a new bracket for the basis of imposition for transfers of immovables exceeding $2 million and has set the...

Announcement

Blackstone Acquires Dream Global

Sept. 18, 2019 – Davies, together with Simpson Thacher & Bartlett LLP in London and New York, Hengeler Mueller in Germany, and various other local counsel, acted for Blackstone, one of the world’s leading investment firms, in its all-cash acquisition of Dream Global Real Estate Investment Trust (Dream Global). The...

Bulletin

Extended Deadline for Québec Nominee Agreement Disclosure

Aug. 22, 2019 – As outlined in our e-communications of May 21, 2019, and August 12, 2019, Québec’s Ministry of Finance has introduced new rules regarding the disclosure of nominee agreements. The new disclosure requirement is relevant to nominee agreements involving one or more parties that are subject to Québec...

Bulletin

City of Montréal Publishes Bylaw 20-20-20 on Social, Affordable and Family Housing

June 13, 2019 – Read our updated  bulletin dated November 6, 2020 . The City of Montréal has published a bylaw known as “20-20-20” aimed at promoting the construction of social, affordable and family housing as part of real estate development projects. The terms of this bylaw were eagerly awaited by the real...

Bulletin

Autorité des marchés publics Has New Powers to Oversee Public Contracts

May 24, 2019 – The provisions respecting the processing of complaints, communication of information and disclosure of wrongdoing to the Autorité des marchés publics (AMP) came into force on May 25, 2019. An interested person or partnership wishing to file a complaint with the AMP or provide information to the...

Announcement

Minto Apartment REIT Acquiring Rockhill Property

Apr. 05, 2019 – Davies acted for Minto Apartment Real Estate Investment Trust in the $268-million acquisition of Rockhill property in Montréal. The transaction was one of two separate agreements entered into by the REIT to acquire interests in two high quality multi-residential rental properties in Montréal and...

Bulletin

2019 Federal Budget: Tax Highlights

Mar. 19, 2019 – Budget 2019 is the last federal budget of the current Liberal government before the upcoming federal election in October 2019. Tax-related measures are intended to advance the government’s stated priority of creating a fair tax system. Proposals include changes to the employee stock option rules,...

Bulletin

Draft Legislation Confirms Exemptions from Transfer Duties for Partnerships

Feb. 27, 2019 – The Québec government recently provided greater certainty for situations in which a partnership (a limited partnership, general partnership or undeclared partnership) is involved in the transfer of an immovable in Québec. On February 26, 2019, Bill 13, An Act to amend the Taxation Act, the Act...

Bulletin

Disclosure of Details About Purchasers of Real Property in Québec

Feb. 14, 2019 – The Québec government plans to require disclosure of the country of residence, citizenship and other information about purchasers of real property in Québec. On February 13, 2019 the draft Regulation respecting the form for presenting an application for registration of a transfer of an immovable ...

Bulletin

The Autorité des marchés publics Assumes Its Responsibilities

Jan. 25, 2019 – The majority of the activities of the Autorité des marchés financiers (AMF) under the Act respecting contracting by public bodies were transferred to the Autorité des marchés publics (AMP) on January 25, 2019. The AMP was created in response to the first recommendation of the Charbonneau...

Bulletin

U.S. Treasury Broadly Expands Disclosures of “All Cash” Real Estate Purchases

Nov. 28, 2018 – In a previous e-communication , we reported that the Financial Crimes Enforcement Network (FinCen) of the U.S. Treasury Department had established a temporary program that required new disclosures by title insurance companies. The program is part of FinCen’s effort to gather data that will...

Announcement

Chris Anderson and Anthony Arquin Named 2018 Lexpert Rising Stars

Nov. 09, 2018 – Davies partners Chris Anderson and Anthony Arquin have been named among 2018’s Lexpert Rising Stars: Leading Lawyers Under 40 . Presented at Lexpert’s annual gala event on November 8 in Toronto, the prestigious awards honour lawyers and in-house counsel, aged 40 or under, who have made a...

Announcement

Three Davies Partners Recognized in Who’s Who Legal: Real Estate 2018

Oct. 03, 2018 – Davies partners Bob Bauer, Greg Howard and Steven Martin have been recognized as global leaders in Real Estate Law by Who’s Who Legal 2018. Davies’ Commercial Real Estate practice occupies a unique leadership position in commercial real estate transactions, both in Canada and...

Announcement

Davies Receives Highest Percentage of Band 1 Rankings in Chambers Canada 2019

Sept. 26, 2018 – Davies has once again been recognized as one of Canada’s top law firms in Chambers Canada 2019 , with 26 of our lawyers receiving Band 1 rankings – the highest percentage among all firms relative to firm size. The firm also received the highest percentage of lawyer rankings relative to firm size,...

Bulletin

Repeal of Minimum Parking Ratios in Downtown Montréal

Sept. 12, 2018 – Given the substantial increase in real estate development costs in large Canadian cities over the past few years, developers will welcome with some relief the proposed repeal of minimum parking ratios in downtown Montréal (Ville-Marie Borough). On September 11, 2018, the council for the City of...

Bulletin

New Rules on Short-Term Rentals in the Borough of Ville-Marie

June 14, 2018 – The council of the Borough of Ville-Marie in the City of Montréal (Borough) adopted on June 12, 2018, the final version of the Règlement modifiant le Règlement d’urbanisme de l’arrondissement de Ville-Marie (01-282) afin de modifier les conditions d’autorisation de l’usage conditionnel « résidence...

Bulletin

Adoption of Bylaw Dealing with Transportation Dues Regarding the REM

Apr. 05, 2018 – The Minister of Transport, Sustainable Mobility and Transport Electrification adopted on April 4, 2018, the By-law respecting transportation dues regarding the Réseau express métropolitain (Bylaw) and Ministerial Order number 2018-03 (Order) concerning the zones under the jurisdiction of the...

Bulletin

2018 Federal Budget: Tax Highlights

Feb. 27, 2018 – As anticipated, today’s federal budget (Budget 2018) focuses on a few targeted areas, including the taxation of passive investments made by private corporations, and does not contain any measures in response to the enactment of tax reform in the United States or relating to the OECD BEPS...

Bulletin

The Québec Environment Quality Act: major changes coming in 2018

Feb. 20, 2018 – An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund (Bill 102) was passed on March 23, 2017. Although some portions of Bill 102 came into force on that...

Bulletin

Canada Resets Federal Environmental Assessment for Major Project Reviews

Feb. 09, 2018 – In 2016, the Canadian government launched a formal review of key federal environmental assessment and regulatory processes. Expert panels were established and parliamentary committees engaged to conduct consultations and provide recommendations with respect to the Canadian Environmental...

Bulletin

U.S. Tax Laws: A Review of 2017 and a Look Ahead to 2018

Jan. 11, 2018 – Each year at this time, we offer a look back at some of the more significant income tax developments in the United States affecting domestic and international business over the past year and a look ahead to possible U.S. tax developments in the coming year. Tax Developments in 2017 As we...

Bulletin

Canadian Tax Laws: A Review of 2017 and a Look Ahead to 2018

Jan. 11, 2018 – Each year at this time we offer a look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and a look ahead to possible Canadian tax developments in the coming year. Developments in 2017 1. Legislative...

Bulletin

Partnership Exemption from Québec Transfer Duties

Dec. 21, 2017 – Québec’s Minister of Finance has published Information Bulletin 2017-14 (Bulletin), which addresses the legislative gaps in the Act respecting duties on transfers of immovables (Act) – namely, the absence of an exemption from transfer duties when partnerships take part in transfers of immovables....

Bulletin

Republicans Poised to Enact Transformative U.S. Federal Tax Reform

Dec. 19, 2017 – Congressional Republicans are on the cusp of enacting transformative U.S. federal tax reform and getting a bill on President Trump’s desk for signature, likely by the end of this week. U.S. tax reform of the type described below can have significant U.S. tax consequences for businesses and...

Bulletin

House Republicans Moving Forward on U.S. Tax Reform

Nov. 03, 2017 – After many promises and surprising secrecy, House Republicans took a significant step toward enacting transformative federal tax legislation on November 2, 2017. The House Republicans released a bill titled the “Tax Cuts and Jobs Act” (Act), which adopts many of the principles set forth in the...

Announcement

Forty-nine Davies Lawyers Recognized in Who’s Who Legal: Canada

Oct. 24, 2017 – Law Business Research’s Who’s Who Legal: Canada 2017 names 49 Davies partners as leading lawyers, including eight Most Highly Regarded practitioners, across 18 different practice areas. Who’s Who Legal nominees are selected on the basis of comprehensive, independent surveys conducted among...

Announcement

Anthony Arquin honoured with an INOVA 2017 Award

Oct. 20, 2017 – Davies partner Anthony Arquin has been recognized with an INOVA 2017 award, in the Young Builder category, from the Urban Development Institute of Québec. This award honours individuals from the real estate industry who are 40 or younger and have contributed to the success of a real estate...

Bulletin

U.S. Treasury Will Scale Back Debt-Equity and Certain Other Regulations

Oct. 10, 2017 – On the basis of an executive order by President Trump to reduce the burden of tax regulations, the Secretary of the Treasury (Secretary) identified on June 22, 2017, eight regulations from January 1, 2016, to be reviewed (June Report). The Secretary has now provided final recommendations (October...

Announcement

Chambers Canada 2018 Recognizes Davies as a Leader in 23 Practice Areas

Oct. 04, 2017 – Davies has once again been recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . The 2018 edition of the guide reaffirms our position as a leader in the industry, with 62 of our lawyers ranked 79 times, including 25 Band 1...

Bulletin

Act Respecting the Réseau Électrique Métropolitain Now Passed

Sept. 28, 2017 – Québec’s National Assembly has passed Bill 137, titled An Act respecting the Réseau électrique métropolitain (Act). The purpose of the Act, passed on September 27, 2017, is to facilitate the construction and operation of a new shared transportation infrastructure that was publicly announced as...

Bulletin

Ontario Proposes Changes to Land Transfer Tax for Certain Trusts and Partnerships

July 19, 2017 – The Ontario Ministry of Finance considers partnerships and most trusts to be transparent for Ontario land transfer tax (LTT) purposes. This means that if a unit trust or limited partnership with a large number of unitholders purchases a beneficial interest in Ontario real estate, technically each...

Bulletin

Adoption of Bill 122 and Its Impact on Real Estate Developments in Québec

June 19, 2017 – On June 15, the Québec National Assembly adopted Bill 122, An Act mainly to recognize that municipalities are local governments and to increase their autonomy and powers (the “Act”). The government of Québec has described this omnibus law as “the greatest decentralization of powers to the...

Announcement

Five Davies Partners Named Best of the Best

May 19, 2017 – The 2017 edition of Expert Guides’ Best of the Best recognizes five Davies partners as leading lawyers in their fields: Guy Du Pont Greg Howard Carol Pennycook Stephen Ruby Kent Thomson The guide profiles the top 30 practitioners in 18 areas of law. Our lawyers were recognized...

Announcement

Davies Earns Top Marks in The Canadian Legal Lexpert Directory 2017

May 05, 2017 – The Canadian Legal Lexpert Directory 2017 has recognized 91 Davies lawyers as leading practitioners, with 33 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. Our firm is also recognized as Most Frequently Recommended in 16 practice areas. ...

Bulletin

Harmonization of the Park Tax for All Montréal’s Boroughs

May 04, 2017 – The City of Montréal (City) recently published a draft bylaw titled By-law concerning the transfer for the purposes of establishing, maintaining and improving parks and playgrounds, and of preserving natural areas, on the territory of the City of Montréal [our translation] (draft bylaw) whose...

Bulletin

Ontario Unveils a New 15% Land Transfer Tax and Expanded Rent Controls

Apr. 20, 2017 – On April 20, 2017 the Ontario government announced a set of measures, dubbed the Fair Housing Plan, intended to “help more people find an affordable place to call home, while bringing stability to the real estate market and protecting the investment of homeowners.” The plan includes a proposed 15%...

Bulletin

2017 Federal Budget: Tax Highlights

Mar. 22, 2017 – The Liberal government’s second budget (Budget 2017) comes during a period of exceptional global political and economic uncertainty. Of particular importance from a Canadian economic and tax policy perspective is the uncertainty about how the Trump administration’s agenda will unfold in the coming...

Bulletin

Canadian and U.S. Tax Laws: A Review of 2016 and a Look Ahead to 2017

Jan. 13, 2017 – The year 2016 was eventful from a Canadian tax perspective, with the current Liberal government introducing its first federal budget and important judicial developments that included two decisions in tax cases by the Supreme Court of Canada. Conversely, while U.S. tax developments in 2016 were...

Article

IRS Should Allow QCIV Self-Designation Under FIRPTA

Dec. 16, 2016 – As part of the Protecting Americans from Tax Hikes Act of 2016 (PATH Act), Congress enacted a new exemption from the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) for foreign entities that are “qualified shareholders” of certain publicly traded real estate investment trusts...

Bulletin

Upcoming Changes to Ontario Land Transfer Tax Rates

Nov. 25, 2016 – The province of Ontario is proposing to increase land transfer tax rates with effect from January 1, 2017. The Building Ontario Up for Everyone Act (Budget Measures) , 2016 received first reading on November 16, 2016 and is expected to come into force before the end of the year. For acquisitions...

Bulletin

Québec Bill 112: Significant Changes to Duties on Transfers of Immovables

Nov. 22, 2016 – The Québec 2016-2017 Budget tabled by Finance Minister Carlos Leitão on March 17, 2016, announced significant changes to the Act respecting duties on transfers of immovables applicable to all transfers of immovables in the province of Québec as of March 18, 2016. On November 15, 2016, Bill 112:...

Announcement

Davies Recognized as “Simply Elite” in The Legal 500 Canada

Nov. 11, 2016 – The 2017 edition of The Legal 500 Canada has recognized Davies for its “simply elite” lawyers and “client-focused team players” with rankings in 14 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A Dispute...

Bulletin

New Record-Keeping Obligations for Ontario Corporations Are Coming

Nov. 04, 2016 – A year ago, the Ontario Legislature passed the Forfeited Corporate Property Act, 2015 and the Escheats Act, 2015 . Both new statutes are scheduled to come into force on December 10, 2016. Despite the arcane subject matter of these new enactments – namely, the modernization of the dusty...

Announcement

Chambers Canada 2017 Recognizes Davies as a Leader in 24 Practice Areas

Oct. 12, 2016 – Davies was recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . Once again, Davies leads Canada’s 30 largest law firms with the highest percentage of lawyer rankings, as well as the highest percentage of lawyers ranked and...

Announcement

Davies Lawyers Continue to Lead in Chambers Global 2016

Mar. 23, 2016 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication, Chambers Global: The World ’ s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings of any Canadian law firm. The 2016 edition...

Announcement

McKesson Enters into Agreement to Acquire Rexall for $3 Billion

Mar. 02, 2016 – Davies acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3-billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada’s largest...

Bulletin

Recent Developments in Ontario Real Estate

Feb. 26, 2016 – Ontario Court of Appeal Rules on Assignment of Lease by Tenant The Ontario Court of Appeal recently released its decision in Hudson’s Bay Company v. OMERS Realty Corporation , a case that involved the assignment and sublease of the tenant’s interest in anchor tenant leases at Yorkdale,...

Bulletin

U.S. Tax Extenders Make Major Revisions to FIRPTA and REIT Rules

Dec. 21, 2015 – With the end of the year looming, both houses of the U.S. Congress approved, and President Obama signed, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). Nestled among the PATH Act’s numerous “extenders” – provisions that extend favourable tax provisions that would otherwise...

Announcement

Davies Recognized as a Leader in Chambers Canada 2016

Oct. 13, 2015 – Davies Ward Phillips & Vineberg LLP has been recognized as one of Canada’s top law firms by Chambers & Partners in the first edition of Chambers Canada: Canada’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest percentage of Band 1...

Announcement

Ninety-one Davies Lawyers Recognized by The Best Lawyers in Canada 2016

Aug. 24, 2015 – Ninety-one lawyers from Davies Ward Phillips & Vineberg LLP were selected by their peers for inclusion in The Best Lawyers in Canada 2016 across 33 areas of specialization, with five lawyers named Lawyer of the Year and seven practitioners newly recognized. Best Lawyers awards the Lawyer of the...

Announcement

Davies Continues as a Leader in Chambers Global 2015

Mar. 18, 2015 – Davies Ward Phillips & Vineberg LLP has again been recognized as one of Canada’s leading law firms by Chambers and Partners in its 2015 annual publication, Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest...