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Condominium/Strata Development

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Extensive growth in Canada’s condominium (strata) market presents unique legal issues and considerations. Within our broader national Real Estate practice, our team of development lawyers support clients with a practical approach to doing deals, and strategic insight into business, municipal and regulatory issues impacting the market.

We deliver value by focusing on the issues that matter: from doing the deal, and developing creative and proactive structuring to risk mitigation strategies.

We advise Canada’s most prominent residential property developers, construction companies, and other market players on issues spanning from land procurement, structuring and financing to municipal planning and construction concerns.

We provide advice at all stages of the project from initial planning of the development through to the general meeting for the turnover of the building to the new owners.

We assist with:

  • Land assembly and acquisition
  • Structuring the developer entity and associated management agreements
  • Planning the development and re-development of complex mixed-use urban sites and resort communities
  • Municipal planning and approvals
  • Construction agreements, including preparation and review of Canadian Construction Documents Committee (CCDC) agreements and supplemental conditions
  • Negotiating complex multi-party development agreements
  • Equity, mezzanine and construction financing agreements
  • Drafting and registration of condominium/strata plans
  • Airspace parcel subdivisions and associated documentation
  • Negotiating third party easements, rights of way and covenants to facilitate construction
  • Redevelopment or substantial renovation of condominium projects
  • Court approval of amendments to phased strata/condominium plans
  • Changes to limited common property and unit entitlement
  • Sale or acquisition of common property or other assets
  • Advising on rental bylaws and noise issues
  • Handling claims of builders lien
  • Managing insurance and warranty claims
  • Litigation, mediation and arbitration, including claims involving purchasers, construction trades and other service providers
  • Employment and occupational health and safety
  • Commercial agreements including utility, telecommunications, property management, shared facility and reciprocal agreements

 

What Clients Say

“The team is responsive to our needs and really understands the market conditions.”

Key Contact

  • Leonard A. Gangbar Leonard A. Gangbar, Partner
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Ontario
Alberta
British Columbia
A developer, in obtaining the necessary approvals for the St. Lawrence Starch residential development in a Lakeshore community near Toronto
BNY Trust Company of Canada, $310.5-million term credit facility involving Talon International Inc. for the construction of the Trump Tower, Toronto
A prospective purchaser, on the environmental issues and potential liabilities associated with a contaminated former industrial property in Ontario prior to its development as a condominium
Toronto-Dominion Bank, in its financing of Phases I and II of the Waterclub Condominium project in Toronto, Ontario
Pinnacle International, acquisition of 33 Bay Street, Toronto, the project financing and tax structuring as well as in the creation of four residential condominium plans containing approximately 2,200 units, a large non-condominium retail component and commercial parking garage
Minto Communities, in its acquisition of the fee simple components of the Lansdowne Park master plan redevelopment in Ottawa, Ontario including all aspects of financing, mixed-use agreements, project agreements and creation of the multiple condominium plans including a separate garage condominium plan
Minto Communities at Minto Midtown, the two-tower mixed-use condominium project incorporating two residential condominium plans, a retail condominium plan and a commercial condominium plan, as well as a commercial parking garage and a separate freehold retail component
Knightsbridge Homes, in its development of two condo complexes—a 15-storey, 167-unit condominium in East Village, and University City, a master planned new community with a total of 143 units
Hon Developments, in its development of the Guardian Towers, a twin 44-storey towers—the tallest residential towers in Calgary
Riverside Quays, in its development of the SoBow Tower in Inglewood
A developer, in the redevelopment of Brentwood Village Shopping Centre as a mixed-use development, with approximately 568,000 s.f. of residential density, as well as 40,000 s.f. of retail space
Stampede Station Development Corporation, in a unique development featuring a strata lot subdivision into two phases, preserving the ability of the vendor to develop an adjoining building as a second phase of the development of the property
Westbank Projects Corporation, in its $1-billion development approval and entitlement of the TELUS Sky mixed-use tower
The developer of the ICE District, in its development of parkade, commercial, office, hotel and residential uses via separate strata lots
Canadian Tire, in the Mount Royal Village development, featuring a ground floor grocery store, second-floor Canadian Tire store (urban format) and the residential condominium above
Various condominium corporations and developers, in the defence of claims of "improper conduct" under section 67 of Alberta’s Condominium Property Act
A Hong Kong-based developer, with the marketing and development of a 333 residential unit 41-storey high-rise in downtown Vancouver with 20 market rental apartments, plus retail and art gallery/studio space, created by airspace parcel subdivision
A Vancouver-based developer, with the marketing and re-development of a downtown Vancouver former hotel site into a 123 residential unit 40-storey high-rise with 110-unit market rental and retail components created by airspace parcel subdivision
A Vancouver-based developer, with the marketing and development of a 219 residential unit 28-storey high-rise in Coquitlam adjacent to the Skytrain Evergreen Line, with commercial component created by airspace parcel subdivision
A Vancouver-based developer, with the development of a four building, common podium, mixed-use project in Vancouver for hotel, apartment and live-work purposes
A Vancouver-based developer, with the development of multi-phase townhouse projects in North Vancouver, Richmond, Burnaby, Surrey and Lake Country (Okanagan)
A Vancouver-based developer, with the development of a multi-site industrial business park in Pitt Meadows
A Vancouver-based international developer and a private individual, on a multi-site, multi-building campus being developed in Mount Pleasant to serve Vancouver's growing tech sector
The developer, on the re-development of a 40-acre industrial waterfront property in North Vancouver
Two Canadian subsidiaries of international insurers, on deposit protection insurance facilities, including $215,000,000 and $90,000,000 facilities for two projects in downtown Vancouver, and $195,000,000 and $74,000,000 facilities for two projects in Burnaby
Equity participation mezzanine loans for apartment projects around Metro Vancouver for a Toronto-based lender
BC-based developers, with development of golf resort projects in the Fraser Valley, Okanagan, East Kootenays and Vancouver Island

Insights, News & Events

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February 03, 2025
       

Speaking Engagements

The Eight-Minute Real Estate Lawyer 2024

November 19, 2024
       

Blog

B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

September 17, 2024
       

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