Pawel (Paul) Mielcarek

Partner

Pawel (Paul) Mielcarek

Pawel (Paul) Mielcarek

Partner

Bar Admissions
  • Ontario, 2011

Known for his efficiency and strong business sense, Pawel assists clients with their complex transactions.

Pawel acts on commercial real estate and financing transactions, acquisitions and dispositions, development projects, commercial leasing, joint ventures, renewable energy projects, securities offerings and public-private partnerships. He provides detailed and thoughtful advice to financial institutions as well as large real estate developers and investors in Ontario and across Canada. Pawel also works for pension fund clients, REITs and other institutional investors.

Pawel (Paul) Mielcarek

Partner

Known for his efficiency and strong business sense, Pawel assists clients with their complex transactions.

Pawel acts on commercial real estate and financing transactions, acquisitions and dispositions, development projects, commercial leasing, joint ventures, renewable energy projects, securities offerings and public-private partnerships. He provides detailed and thoughtful advice to financial institutions as well as large real estate developers and investors in Ontario and across Canada. Pawel also works for pension fund clients, REITs and other institutional investors.

SmartREIT

Acted for SmartREIT in its $1.1-billion acquisition with Strathallen Acquisitions Inc. of OneREIT.

Ivanhoé Cambridge

Acting for Ivanhoé Cambridge in connection with its development of an integrated multi-tower office complex/public transit hub development straddling both sides of Toronto's Union Station rail corridor. A highly visible pair of innovative office towers on a 3 million square foot downtown campus, Bay Park Centre is the result of a joint effort between global real estate leaders Ivanhoé Cambridge and Hines, and the last remaining office development with a commercially renowned Bay Street address.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board (CPPIB) in its $1.175-billion acquisition of a 50% interest in Canadian office portfolio from Oxford Properties Group (Oxford). Oxford will continue to manage the properties on behalf of the partnership. The transaction brings the total size of the jointly owned Oxford-CPPIB office portfolio to over 12 million square feet.

Mitchell Goldhar, SmartCentres and Walmart

Acted for Mitchell Goldhar, SmartCentres and Walmart in connection with the sale of the SmartCentres platform to Calloway REIT for $1.16 billion.

Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc.

Acted for Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc. in connection with the sale of one shopping centre located in Ontario and one shopping centre located in British Columbia to Retrocom Real Estate Investment Trust and its affiliates for approximately $61 million.

Fortis Inc.

Acted for Fortis Inc. (Fortis) and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its commercial real estate portfolio to Slate Office REIT for $430 million.  The portfolio comprises 2.8 million square feet of leasable space located in Newfoundland, New Brunswick and Nova Scotia and includes the Delta Brunswick hotel in Saint John.  Davies also acted for Fortis in connection with its related $35 million investment in trust units of Slate Office REIT.

Spear Street Capital, LLC

Acted for Spear Street Capital, LLC in connection with its $305-million purchase of the majority of BlackBerry Limited's real estate holdings in Canada, including its global headquarters in Waterloo, Ontario. BlackBerry sold more than 3 million square feet of space as well as vacant lands, and leased back a portion of the space.

The Cadillac Fairview Corporation Limited

Acted for The Cadillac Fairview Corporation Limited in connection with its $650-million purchase of the Hudson's Bay downtown Toronto flagship retail complex and the Simpson's Tower located at 401 Bay Street. HBC will lease the entire retail and office complex back for a base term of 25 years with renewal options for a term of just under 50 years.

Manulife Financial Corporation

Acted for the Manufacturers Life Insurance Company in connection with the establishment of a $50-million multi-tranche term credit facility to finance the construction and long-term operations of the Rural Energy Solar Portfolio, which consists of 10 photovoltaic ground-mount solar projects located in Temiskaming, New Liskeard and Kingston, Ontario, and is owned by Rural Energy Limited Partnership.

Fengate Capital Management

Acted for Fengate Capital Management in its acquisition of the Heartland Petrochemical Complex's Central Utility Block (CUB) cogeneration facility from Inter Pipeline Ltd. and the project financing for the development, construction and operation of the CUB.

United Steelworkers Local 8782

Acted for United Steelworkers Local 8782, a limited partner of Legacy Lands Limited Partnership (the Partnership), with respect to the sale of approximately 3,000 acres of land beneficially owned by the Partnership in Hamilton and Nanticoke, Ontario on which Stelco Inc. conducts its manufacturing operations. Stelco granted a $114 million vendor take back mortgage to the Limited Partnership for the purchase price to be used to fund pension and other post-employment benefits to retirees of Stelco.

SmartCentres REIT

Acted for SmartCentres REIT in the formation of a 50:50 joint venture with Jadco Construction, known as Laval Centre Apartments Limited Partnership, into which SmartCentres contributed development lands located in Laval, Quebec.

Kinepolis Group NV

Acted for Kinepolis Group NV in its $123-million acquisition of Landmark Cinemas Canada LP, Canada's second-largest movie theatre exhibition company.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

United Steelworkers Union

Acted as co-counsel on behalf of the United Steelworkers Union in connection with the restructuring of Stelco Inc. under the Companies' Creditors Arrangement Act and the establishment of Legacy Lands L.P.

Penguin Investments Inc. (formerly SmartCentres Realty Inc.)

Acting for Penguin Investments Inc. (formerly SmartCentres Realty Inc.) in connection with the multi-billion dollar development of the Vaughan Metropolitan Centre - a planned downtown for the City of Vaughan of almost 6 million square feet. This is one of the most important master planned communities in Canada - a transit-rich, high-density, fully urban, mixed-use community being built in the suburbs of Toronto.

Unique Fabricating, Inc.

Acted as Canadian counsel to Unique Fabricating, Inc. in connection with its $27.5-million acquisition of all of the assets of Intasco Corporation and all of the outstanding capital stock of Intasco-USA Inc., Intasco's U.S. affiliate, and in connection with a related US$62-million senior credit facility.

Fortis Inc.

Acted for Fortis Inc. and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its hotel portfolio to a private investor group for $365 million. The hotel portfolio is comprised of 22 hotels located in seven Canadian provinces.

Bank of Montréal

Acted for Bank of Montréal in connection with the financing of the acquisition of Huntingdon Capital Corp. by Slate Capital Corporation.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with its joint venture with WAM Development Group and Walton Group of Companies to develop a 250-acre industrial site in northwest Edmonton, Alberta. CPPIB's initial equity commitment is approximately $200 million for phase one of the development, representing an 85% interest in the joint venture.

Manulife Financial Corporation

Acted for The Manufacturers Life Insurance Company in connection with the establishment of credit facilities to finance the construction and long-term operations of the Mighty Solar Project, a 10 MW ground-mount solar project located in Chesterville, Ontario, which had been awarded a 20-year power purchase contract under Ontario's Feed-in Tariff Program.

Scotia Capital Inc., BMO Nesbitt Burns Inc. and CIBC World Markets Inc.

Acted for a syndicate of agents co-led by Scotia Capital Inc., BMO Nesbitt Burns Inc. and CIBC World Markets Inc. in a private placement of $175-million notes due 2018 issued by Crombie Real Estate Investment Trust. The proceeds of the offering will be used to partially finance Crombie's $990-million purchase of a portfolio of 68 retail properties anchored by Safeway grocery stores in a sale-leaseback transaction with Sobeys Inc. in connection with Sobeys' $5.8 billion acquisition of the assets of Canada Safeway Limited.

Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc.

Acted for Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc. in connection with the sale of four shopping centres located in Ontario to Calloway Real Estate Investment Trust and its affiliates for approximately $232 million.

Manulife Financial Corporation and Sun Life Assurance Company of Canada

Acted for a group of lenders, comprising The Manufacturers Life Insurance Company and Sun Life Assurance Company of Canada, in connection with the $135.2 million non-recourse construction and term project finance for the 60 MW nameplate capacity wind generation project located on McLean's Mountain, Manitoulin Island, Ontario.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with the sale to Ivanhoé Cambridge of a 50% interest in Carrefour de l'Estrie shopping centre located in Sherbrooke, Québec, which is the largest shopping centre in Québec's Eastern Townships region, and the resulting joint venture.

CIBC World Markets Inc., TD Securities Inc. and Scotia Capital Inc.

Acted for a syndicate of underwriters co-led by CIBC World Markets Inc., TD Securities Inc. and Scotia Capital Inc. in connection with Crombie Real Estate Investment Trust's public offering of $225 million of subscription receipts and $75 million of extendible convertible debentures. The proceeds of the offering will be used to partially finance Crombie's $990 million purchase of a portfolio of 68 retail properties anchored by Safeway grocery stores in a sale-leaseback transaction with Sobeys Inc. in connection with Sobeys' $5.8 billion acquisition of the assets of Canada Safeway Limited.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with a 50/50 Canadian retail joint venture with Oxford Properties Group. As part of the transaction, CPPIB acquired a 50% interest in the approximately 1 million square foot Upper Canada Mall, in Ontario, from Oxford Properties Group, and Oxford Properties Group acquired a 50% interest in the 1.5 million square foot Les Galeries de la Capitale shopping centre, in Québec, from CPPIB.

Bar Admissions

Ontario, 2011

Education

Osgoode Hall Law School, LLB, 2010
Wilfrid Laurier University, MA (Political Science), 2007
University of Toronto, BA (Hons) (Political Science) (with Distinction), 2006

Known for his efficiency and strong business sense, Pawel assists clients with their complex transactions.

Pawel acts on commercial real estate and financing transactions, acquisitions and dispositions, development projects, commercial leasing, joint ventures, renewable energy projects, securities offerings and public-private partnerships. He provides detailed and thoughtful advice to financial institutions as well as large real estate developers and investors in Ontario and across Canada. Pawel also works for pension fund clients, REITs and other institutional investors.

SmartREIT

Acted for SmartREIT in its $1.1-billion acquisition with Strathallen Acquisitions Inc. of OneREIT.

Ivanhoé Cambridge

Acting for Ivanhoé Cambridge in connection with its development of an integrated multi-tower office complex/public transit hub development straddling both sides of Toronto's Union Station rail corridor. A highly visible pair of innovative office towers on a 3 million square foot downtown campus, Bay Park Centre is the result of a joint effort between global real estate leaders Ivanhoé Cambridge and Hines, and the last remaining office development with a commercially renowned Bay Street address.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board (CPPIB) in its $1.175-billion acquisition of a 50% interest in Canadian office portfolio from Oxford Properties Group (Oxford). Oxford will continue to manage the properties on behalf of the partnership. The transaction brings the total size of the jointly owned Oxford-CPPIB office portfolio to over 12 million square feet.

Mitchell Goldhar, SmartCentres and Walmart

Acted for Mitchell Goldhar, SmartCentres and Walmart in connection with the sale of the SmartCentres platform to Calloway REIT for $1.16 billion.

Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc.

Acted for Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc. in connection with the sale of one shopping centre located in Ontario and one shopping centre located in British Columbia to Retrocom Real Estate Investment Trust and its affiliates for approximately $61 million.

Fortis Inc.

Acted for Fortis Inc. (Fortis) and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its commercial real estate portfolio to Slate Office REIT for $430 million.  The portfolio comprises 2.8 million square feet of leasable space located in Newfoundland, New Brunswick and Nova Scotia and includes the Delta Brunswick hotel in Saint John.  Davies also acted for Fortis in connection with its related $35 million investment in trust units of Slate Office REIT.

Spear Street Capital, LLC

Acted for Spear Street Capital, LLC in connection with its $305-million purchase of the majority of BlackBerry Limited's real estate holdings in Canada, including its global headquarters in Waterloo, Ontario. BlackBerry sold more than 3 million square feet of space as well as vacant lands, and leased back a portion of the space.

The Cadillac Fairview Corporation Limited

Acted for The Cadillac Fairview Corporation Limited in connection with its $650-million purchase of the Hudson's Bay downtown Toronto flagship retail complex and the Simpson's Tower located at 401 Bay Street. HBC will lease the entire retail and office complex back for a base term of 25 years with renewal options for a term of just under 50 years.

Manulife Financial Corporation

Acted for the Manufacturers Life Insurance Company in connection with the establishment of a $50-million multi-tranche term credit facility to finance the construction and long-term operations of the Rural Energy Solar Portfolio, which consists of 10 photovoltaic ground-mount solar projects located in Temiskaming, New Liskeard and Kingston, Ontario, and is owned by Rural Energy Limited Partnership.

Fengate Capital Management

Acted for Fengate Capital Management in its acquisition of the Heartland Petrochemical Complex's Central Utility Block (CUB) cogeneration facility from Inter Pipeline Ltd. and the project financing for the development, construction and operation of the CUB.

United Steelworkers Local 8782

Acted for United Steelworkers Local 8782, a limited partner of Legacy Lands Limited Partnership (the Partnership), with respect to the sale of approximately 3,000 acres of land beneficially owned by the Partnership in Hamilton and Nanticoke, Ontario on which Stelco Inc. conducts its manufacturing operations. Stelco granted a $114 million vendor take back mortgage to the Limited Partnership for the purchase price to be used to fund pension and other post-employment benefits to retirees of Stelco.

SmartCentres REIT

Acted for SmartCentres REIT in the formation of a 50:50 joint venture with Jadco Construction, known as Laval Centre Apartments Limited Partnership, into which SmartCentres contributed development lands located in Laval, Quebec.

Kinepolis Group NV

Acted for Kinepolis Group NV in its $123-million acquisition of Landmark Cinemas Canada LP, Canada's second-largest movie theatre exhibition company.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

United Steelworkers Union

Acted as co-counsel on behalf of the United Steelworkers Union in connection with the restructuring of Stelco Inc. under the Companies' Creditors Arrangement Act and the establishment of Legacy Lands L.P.

Penguin Investments Inc. (formerly SmartCentres Realty Inc.)

Acting for Penguin Investments Inc. (formerly SmartCentres Realty Inc.) in connection with the multi-billion dollar development of the Vaughan Metropolitan Centre - a planned downtown for the City of Vaughan of almost 6 million square feet. This is one of the most important master planned communities in Canada - a transit-rich, high-density, fully urban, mixed-use community being built in the suburbs of Toronto.

Unique Fabricating, Inc.

Acted as Canadian counsel to Unique Fabricating, Inc. in connection with its $27.5-million acquisition of all of the assets of Intasco Corporation and all of the outstanding capital stock of Intasco-USA Inc., Intasco's U.S. affiliate, and in connection with a related US$62-million senior credit facility.

Fortis Inc.

Acted for Fortis Inc. and Fortis Properties Corporation (FPC) in connection with the sale by FPC of its hotel portfolio to a private investor group for $365 million. The hotel portfolio is comprised of 22 hotels located in seven Canadian provinces.

Bank of Montréal

Acted for Bank of Montréal in connection with the financing of the acquisition of Huntingdon Capital Corp. by Slate Capital Corporation.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with its joint venture with WAM Development Group and Walton Group of Companies to develop a 250-acre industrial site in northwest Edmonton, Alberta. CPPIB's initial equity commitment is approximately $200 million for phase one of the development, representing an 85% interest in the joint venture.

Manulife Financial Corporation

Acted for The Manufacturers Life Insurance Company in connection with the establishment of credit facilities to finance the construction and long-term operations of the Mighty Solar Project, a 10 MW ground-mount solar project located in Chesterville, Ontario, which had been awarded a 20-year power purchase contract under Ontario's Feed-in Tariff Program.

Scotia Capital Inc., BMO Nesbitt Burns Inc. and CIBC World Markets Inc.

Acted for a syndicate of agents co-led by Scotia Capital Inc., BMO Nesbitt Burns Inc. and CIBC World Markets Inc. in a private placement of $175-million notes due 2018 issued by Crombie Real Estate Investment Trust. The proceeds of the offering will be used to partially finance Crombie's $990-million purchase of a portfolio of 68 retail properties anchored by Safeway grocery stores in a sale-leaseback transaction with Sobeys Inc. in connection with Sobeys' $5.8 billion acquisition of the assets of Canada Safeway Limited.

Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc.

Acted for Wal-Mart Canada Realty Inc. and SmartCentres Realty Inc. in connection with the sale of four shopping centres located in Ontario to Calloway Real Estate Investment Trust and its affiliates for approximately $232 million.

Manulife Financial Corporation and Sun Life Assurance Company of Canada

Acted for a group of lenders, comprising The Manufacturers Life Insurance Company and Sun Life Assurance Company of Canada, in connection with the $135.2 million non-recourse construction and term project finance for the 60 MW nameplate capacity wind generation project located on McLean's Mountain, Manitoulin Island, Ontario.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with the sale to Ivanhoé Cambridge of a 50% interest in Carrefour de l'Estrie shopping centre located in Sherbrooke, Québec, which is the largest shopping centre in Québec's Eastern Townships region, and the resulting joint venture.

CIBC World Markets Inc., TD Securities Inc. and Scotia Capital Inc.

Acted for a syndicate of underwriters co-led by CIBC World Markets Inc., TD Securities Inc. and Scotia Capital Inc. in connection with Crombie Real Estate Investment Trust's public offering of $225 million of subscription receipts and $75 million of extendible convertible debentures. The proceeds of the offering will be used to partially finance Crombie's $990 million purchase of a portfolio of 68 retail properties anchored by Safeway grocery stores in a sale-leaseback transaction with Sobeys Inc. in connection with Sobeys' $5.8 billion acquisition of the assets of Canada Safeway Limited.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board in connection with a 50/50 Canadian retail joint venture with Oxford Properties Group. As part of the transaction, CPPIB acquired a 50% interest in the approximately 1 million square foot Upper Canada Mall, in Ontario, from Oxford Properties Group, and Oxford Properties Group acquired a 50% interest in the 1.5 million square foot Les Galeries de la Capitale shopping centre, in Québec, from CPPIB.

Bar Admissions

Ontario, 2011

Education

Osgoode Hall Law School, LLB, 2010
Wilfrid Laurier University, MA (Political Science), 2007
University of Toronto, BA (Hons) (Political Science) (with Distinction), 2006