Real Estate

Acquisitions & dispositions

The MLT Aikins real estate group provides skilled and seasoned advice on all aspects of buying and selling commercial real estate across a range of asset classes. Our experience spans the full transaction life cycle. This includes initial structuring, drafting and negotiating purchase agreements, complex financing arrangements, expansive due diligence and closing the deal with efficiency and accuracy.

Agricultural lands

We provide advice regarding restrictions on agricultural land ownership, including structures that are compliant with western Canadian farm ownership legislation.

Commercial leasing

Our lawyers advise both landlords and tenants across Western Canada. This includes structuring, drafting and negotiating leases for a wide range of properties, including office, retail, industrial and commercial spaces. We have extensive experience creating and negotiating long-term ground leases, including on Indigenous and municipal land. Our legal services encompass commercial lease-related documentation, non-disturbance agreements, property management agreements, lease enforcement and day-to-day advice.

Condominiums & strata developments

MLT Aikins acts for developers, owners, managers, boards and strata corporations for commercial, residential, mixed use and purpose-built rental condominium and strata developments. Our team can assist with all phases of condominium projects including acquiring land, financing, obtaining municipal approvals, construction, registration and statutory disclosure requirements.

We provide advice on condominium and strata development proposals, permit applications, subdivision applications, land use, environmental and other regulatory compliance. We also advise a number of condominium and strata boards and property management companies. We assist with all aspects of ownership and management including governance recommendations and bylaw development, as well as the enforcement and collection of fees.

Partnership & joint venture structuring

We help clients form strategic and tax-optimized joint ventures and partnerships. We structure and create all types of real estate entities, including REITs and public real estate-backed funds. In addition, we collaborate with clients, their tax advisors and business partners to offer strategic advice and risk management.

Property development & construction

The MLT Aikins real estate group has the experience at every stage of a development project – from land acquisition to final sale or lease. We provide reliable, practical and accurate advice to help structure, develop and sell, lease or finance a project in varying markets and economic situations. We collaborate with development and construction teams, as well as external consultants and government authorities, to handle all the legal issues and requirements related to subdivisions, environmental compliance, zoning and development permits, as well as construction contracts. Learn more about our construction projects practice area.

Indigenous real estate & development

Real estate ownership and development projects for Indigenous groups is a dynamic practice area that involves various aspects of land use and ownership on Indigenous lands. Our team can assist in developing projects for Indigenous groups both on and off-reserve, including on lands that are subject to a designation process or a land code.

Our experience includes bringing together Indigenous communities, economic development corporations and industry to form partnerships and joint ventures for residential, mixed use, commercial, industrial, modular and recreational sites; leasing reserve lands to third parties for commercial purposes; acquiring and selling long-term leases from certificate of possession (CP) holders; and handling corporate matters for housing corporations and homeowner associations that operate on Indigenous-leased lands. We also represent tenants and sublandlords who have long-term ground leases from CP holders and others on designated lands or lands governed by a land code. Learn more about our Indigenous practice area.

British Columbia real estate

B.C.’s real estate industry is undergoing rapid legislative change with the goal of streamlining  development to create more housing. This includes fast tracking small-scale developments and purpose-built rentals. Extensive legislation enacted in 2023 – including Bills 44, 46 and 47 – is intended to increase density, expediate approvals and reduce parking and municipal charge requirements in order to facilitate development.

These rapid shifts in development requirements provide many opportunities for real estate developers, builders and landowners – combined with the challenges of navigating a new legal landscape. Whether you are looking to develop, acquire, sell or lease property in B.C., MLT Aikins has the up-to-date knowledge and industry-focused experience to achieve your real estate objectives.

• Saskatchewan counsel for a newly formed, publicly traded REIT, which included the acquisition and financing of a number of specialized properties in Saskatchewan.
• Counsel for a developer/operator in the acquisition, financing, and development of multiple assisted living residences having an aggregate value of approximately $223 million.
• Saskatchewan counsel on the sale of four shopping centres in Saskatchewan, Ontario and Quebec with an aggregate value of $202 million by Wal-Mart Realty and SmartCentres Realty to The Great-West Life Assurance Company and London Life Insurance Company.
• Counsel for a REIT in the acquisition and financing of a retail shopping centre in Saskatoon for a purchase price of $185 million.
• Counsel to a REIT on a $160 million sale of six seniors’ lodge properties in Alberta and British Columbia.
• Counsel for a lender on a financing totaling $83 million for retirement residence projects in Regina.
• Acting for Saskatchewan-based borrower on an $81 million financing secured primarily by borrower’s leasehold property interests.
• Counsel to a REIT on a $70 million acquisition of a significant real estate portfolio in Iqaluit, Nunavut including hotels, leased property, rental properties, development lands, apartments and office buildings. The transaction involved refinancing, leases, land consolidations, fire reconstruction and insurance matters.
• Alberta counsel on the sale of a portfolio of supportive living facilities throughout Canada and the U.S. with an aggregate value of $950 million USD.
• Counsel for the vendor on a $50 million sale of a Saskatoon Class A office tower.
• Counsel for a REIT for the purchase and financing of various office and commercial buildings in Saskatchewan for an aggregate purchase price of over $50 million.
• Counsel for a lender on a $39 million financing on a Saskatoon shopping centre.
• Counsel for a borrower on a $35 million financing on a Saskatoon shopping centre.
• Counsel for a developer in the acquisition of a portfolio of apartment buildings in various cities in Saskatchewan and the subsequent conversion of the buildings into condominiums.
• Counsel for the anchor tenant in the negotiation of a 40,000 square foot office lease in a Regina office tower to be constructed.
• Counsel to a Manitoba-based publicly traded REIT on partnership agreements with U.S. office building developers, including land acquisition and financing matters.
• Counsel to a Manitoba-based publicly traded REIT on a $171 million sale of a portfolio of industrial buildings.
• Counsel to a Manitoba-based publicly traded REIT on the acquisition of a $260 million USD portfolio of office buildings.
• Counsel to a Manitoba-based publicly traded REIT on the acquisition of a $68.5 million USD office tower.
• Acting on the land assembly, financing and leasing for the developer of True North Square, a downtown development in Winnipeg of four towers, including more than one million square feet of mixed use development, featuring office, hotel, residential, retail and parking facilities.
• Acting for a publicly traded Manitoba-based borrower on a $500 million credit facility secured in part by the borrower’s leasehold property interests.