catherine e. bray

CATHERINE E. BRAY
Associée
T 416.367.6164
F 416.361.2434
Toronto
[email protected]
http://ca.linkedin.com/in/cather
inebray1
Droit immobilier commercial
Baux commerciaux
Aménagement de terrains
Investissements
Prêts immobiliers
Projets d'infrastructure et partenariats public-privé
Formation / Admission au Barreau
EXECUTIVE SUMMARY
Advanced Commercial Leasing
Institute, Georgetown University Law
Center, 2010 (by invitation)
Catherine Bray is a partner at the Toronto office of Borden Ladner Gervais LLP.
Catherine is the immediate past regional leader of our Toronto office Commercial Real
Estate Group. Catherine is the national leader of our National Real Estate Leasing
Group and Toronto leader of our National Real Estate Lending Group.
LLB, University of Ottawa, 1983
Ontario, 1985
Activités professionnelles
Fellow, American College of Mortgage
Attorneys; Co-chair, Strategic
Planning Committee, Member,
Membership Committee
Member, Commercial Real Estate
Women (Toronto); Chair Scholarship
Committee (2010 to 2015)
Member, American Bar Association
(ABA); Member, Real Property,
Estates and Trust Section
Member, Ontario Bar Association
Catherine practises in the areas of commercial real estate law and secured
transactions. She has extensive experience in acquisitions and dispositions, including
sale/lease back transactions and contaminated and brownfield sites; structuring legal
arrangements; financing involving real estate including construction lending; and
ground leases, leases, subleases and advising on lease remedies.
REPRESENTATIVE WORK
Commercial Real Estate

Structuring legal arrangements: Structuring legal arrangements for a variety
of clients, including corporations, partnerships, limited partnerships and joint
ventures, including preparation and negotiation of shareholder's agreements,
partnership and joint venture agreements. Recently provided advice on and
implementation of tax saving structures for institutions involving real estate.

Asset Acquisition: Structuring, negotiating and preparing various types of
agreements and documentation respecting asset purchases and sales
including office buildings, warehouses, manufacturing, industrial and
institutional sites. Specific negotiations and addressing issues respecting
contaminated land and brownfield developments.

Financing: Structuring, negotiating and preparing financing agreements and
associated agreements and loan documentation and security involving real
estate such as office, warehouse, industrial, multi residential and institutional.
Extensive experience in construction loans and mortgages of leasehold
interests.

Disposition: Structuring, negotiating and completing sale transactions
including sale/lease back transactions for major Canadian companies such as
Brookfield, Oxford Properties, Bell Canada and Zurich Insurance.
Member, Planning Committee for
RealLeasing 2011 to 2015
Instructor, Law Society of Upper
Canada Bar Admission Course for
Real Estate, 1989 and 1990
Activités communautaires
Counsel and lifelong member, Ontario
Historical Society and the Ontario
Genealogical Society
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(«BLG»). Tous droits réservés
Chair, OCAD University's “Whodunit”
Art Exposition and Gala Evening,
2009 and 2010

Variety of Developments: Advising on office and industrial developments;
not-for-profit housing developments; mixed use and multi use projects,
including public private partnerships.

Land Development: Advising on land development, including acquisitions,
development agreements, construction agreements, financing and reciprocal
agreements.

Environmental Compliance: Advising regarding legal aspects of the
acquisition, disposition and compliance respecting contaminated lands and
brownfield sites.

Title: Providing opinions on title and negotiation of commercial title insurance
to solve title issues.

Institutional Clients: Institutional owners such as Waterfront Toronto, OCAD
University, The Hospital for Sick Children, Southlake Regional Health Centre,
Ontario Shores Centre for Mental Health Sciences, Humber Institute of
Technology & Advanced Learning, Sheridan College Institute of Technology
and Advanced Learning, several lending institutions including Bank of
Montreal, Royal Bank of Canada and HSBC Bank Canada including $200
million construction loans for CityPlace, Toronto.

Public and Private Entity clients: Public and private landowners such as
Brookfield, Oxford Properties, Loblaw Properties Limited, AGF Management
Limited, Arkema Canada Inc., Professional Engineers Ontario, Air Products
Inc., Shell Canada (pipelines), Imperial Life Assurance Company of Canada,
Guaranty Company of North America (head office lease) and Canada Post
(head office lease).
Leasing and Licensing

Leasing: Preparing and negotiating leases on behalf of landlords, tenants,
ground landlords, ground tenants, sale/leasebacks, subleases, licenses and air
space licenses

Ground Leases: Preparing and negotiating ground leases and construction
agreements with the City of Toronto on behalf of a private corporation for a
mixed-use re-development; for a developer in a ground lease and lease back
for Canada Post's head office and for Humber Institute of Technology &
Advanced Learning.

Transactions Involving Ground Leases: Acting on behalf of tenants of
ground leases, purchasers of ground lease interests, lenders on ground leases
and subtenants under ground leases.

Landlords: Developing and negotiating standard form offers to lease and
leases for office and retail sites on behalf of landlords; negotiating offers to
lease and leases on behalf of Landlords.

Tenants: Developing standard offers to lease for tenants, work with corporate
non-legal staff respecting leasing matters, negotiating and drafting offers to
lease and leases on behalf of tenants for office, retail and industrial sites.

Lease Defaults: Advising on and negotiating solutions resulting from lease
defaults by landlords and by tenants.

Air Space Licences: Negotiating and preparing air space licences.

Communications Leases: Negotiating communications tower leases.

Native Lands Licences: Negotiating interests in lands with Native Canadians
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© 2016 Borden Ladner Gervais
S.E.N.C.R.L., S.R.L.
(«BLG»). Tous droits réservés
including pipelines for Shell Canada and Air Products Inc.

Institutional Clients: Negotiating leases and licences for various corporations
including, Canada Post head office in Ottawa, The Hospital for Sick Children,
The Hospital for Sick Children Foundation, Southlake Regional Health Centre,
Ontario Shores Centre for Mental Health Sciences, William Osler Health
System, OCAD University, Humber College Institute of Technology and
Advanced Learning, Sheridan Institute of Technology and Advanced Learning.

Public and Private Clients: AGF Management Limited, Restaurants in BCE
Place, Toronto, Rideau Centre, Ottawa, York Mills and several other locations
in the USA, Oxford Properties Group, Professional Engineers Ontario, Air
Products Inc., Shell Canada, Revios Reinsurance Canada Ltd., Imperial Life
Assurance Company of Canada and Guarantee Company of North America
head office lease.
PUBLICATIONS & PRESENTATIONS

Speaker, Real Estate Industry Panel, Rotman School of Business, University of
Toronto, November 2015.

Speaker, Hospital Real Estate Issues, Canadian Healthcare Business
Development Network, October 1, 2015.

Speaker and Session Organizer, "Negotiating Strategies for Today's Market:
How to Understand the Deal, Resolve Key Issues and Close the Transaction,"
RealLeasing, September 30, 2015.

Speaker, "The Growth in Sale Leasebacks: Structuring These Deals for
Success," RealLeasing, September 30, 2015.

Panelist, "Select Operational Issues in Shopping Centres: Parking, Access,
Loading and Related Issues," International Conference of Shopping Centres
Canadian Law Conference, April 2015.

Speaker, "Dealing with Real Estate: Considerations for Hospitals," BLG Health
Sector Roundtable, January 2015.

Speaker and Panel Organizer, "U.S. Lenders and Loans in Canada,"American
College of Mortgage Attorneys, September 2014.

Speaker and Panel Organizer, "Tenant Remedies," RealLeasing, October
2013.

Speaker and Panel Organizer, “Increasing Revenues from a Hospital’s Real
Estate,” Health Achieve Conference, Ontario Hospital Association, November
2012.

Speaker and Panel Organizer, “Operating Costs,” RealLeasing Conference,
October 2012.

Speaker, “Tenant Allowances,” International Council of Shopping Centers
(ICSC) Canadian Law Conference, February 2012.

Speaker, Panel Organizer and Conference Co-Chair, “Exit Strategies for
Tenants,” The Canadian Institute Advanced Commercial Leasing Conference,
May 2011.

Speaker, “Differences in USA and Ontario leasing practices and law,”
International Council of Shopping Centers Canadian Law Conference,
February 2011, and RealLeasing Conference, September 2010.
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais
S.E.N.C.R.L., S.R.L.
(«BLG»). Tous droits réservés

Speaker, “Differences in USA and Ontario leasing practices and law,”
RealLeasing Conference, September 2010.

Speaker, “Differences in Ontario and Quebec property laws as they relate to
leasing,” International Council of Shopping Centers Canadian Law Conference,
February 2010.

Speaker, seminars on Construction Liens and the Impact on Financing.

Contributor, Tenant's Rights and Remedies in a Commercial Lease – A
Practical Guide, Canada Law Book, 1998 (editor: H. Haber).

Chair, Construction Workshop, International Conference of Shopping Centres,
March 1997.
RANKINGS & RECOGNITIONS

Recognized in the 2015 and 2014 editions of Who's Who Legal: Canada (Real
Estate) and Who's Who Legal 2016 - Compendium Edition.

Recognized in the 2016 and 2015 editions of Canadian Legal Lexpert Directory
.

Championship Team, Women’s Leadership Initiative of the Urban Land
Institute, Toronto, 2014.

Martindale-Hubbell® AV® Preeminent™ 5 out of 5 Peer Review Rated.
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© 2016 Borden Ladner Gervais
S.E.N.C.R.L., S.R.L.
(«BLG»). Tous droits réservés