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Neil Smiley Toronto Lawyer

Neil M. Smiley *

Partner Fasken
Property investment and development has become more challenging with steadily rising land prices, the complexity of the development approvals process and the delays and uncertainty of potential appeals before various planning appeal bodies, including the Ontario Land Tribunal (formerly LPAT and the OMB).
Jurisdiction Ontario, 1989
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Neil M. Smiley is a leading lawyer in complex real estate transactions, planning and development. Having a unique dual experience in commercial real estate lawyer as well as a planning and development lawyer, Neil advises clients regarding the acquisition, financing, leasing and disposition of real property, as well as in connection with the myriad of approvals and entitlements required of governmental authorities to maximize value and/or develop such real property.

Neil provides corporate support for all types of real estate transactions including negotiation of joint ventures, co-ownerships, partnership agreements, easements  and governmental development agreements. His practice also extends to municipal planning and development law, where he assists clients with the maximizing the value of real estate by securing development approvals, including severances, variances, subdivisions, condominiums, official plan amendments, zoning amendments and site plan approvals and where required on appeal, in litigating such cases before the Ontario Land Tribunal (formerly LPAT and the OMB) or other local appeal body.

Further to his real estate development practice, Neil also has experience in land assemblies, hospital/institutional and energy projects. He has been involved in property regulation, site selection and approval/appeal process in respect of such projects for over 30 years.

Prior to his legal career, Neil worked as an urban planner with a former Toronto municipality and maintains close connections to that discipline. As a result of this, Neil is able to draw on his planning experiences and contacts to provide value-added advice in connection with his broader legal practice.

Achievements

Client Work

  • Broccolini completes sale of industrial facility on the property municipally known as 1500 Industrial Park Drive, Cornwall, Ontario, to Michelin North America, [Deal - Broccolini Investment Inc.], Sale of industrial facility in Cornwall, Ontario to a multinational tire manufacturing company.
  • Broccolini completes sale of a 55-acre site in Innisfil, Ontario, to DSV Solutions for development as a 1.3-million-square-foot warehouse, [Deal - Broccolini Investment Inc.], Real estate and construction financing services for transport and logistics company.
  • UniFirst Canada Ltd. successfully appeals land development charges before the Ontario Land Tribunal, [Case - UniFirst Canada Ltd.], Provider of professional uniforms and workwear successfully appeals land development charges at Ontario Land Tribunal.
  • Gap (Canada) Inc. acquires 1985 Gore Road in London, Ontario, [Deal - Gap (Canada) Inc.], Purchase of industrial parcel for development of Gap (Canada) Inc.'s future C$100M distribution/warehouse site in London, Ontario.
  • Rimap Development acquires part of 400 Albert Street, Ottawa, Ontario for development as a hotel/residential tower, [Deal - Rimap Development Ltd.], Rimap Development acquires part of 400 Albert Street, Ottawa, Ontario for development as a hotel/residential tower.
  • Sale of co-owner's interest in Downtown Toronto development parcel, [Deal - Confidential Client]
  • 3555 Highway 7 Development purchases 3555 Highway 7 East, Markham for C$50 million, [Deal - Brivia Management Inc.]
  • Windsor-Detroit Bridge Authority achieves financial close Gordie Howe International Bridge Project, [Deal - Windsor-Detroit Bridge Authority]
  • Canada Lands Company enters into a number of property transactions, [Deal - Canada Lands Company (CLC) Limited]

Career & Education

Education

  • Course, Corporate Real Estate Finance NACORE Capstone
  • LLB Osgoode Hall Law School at York University
  • BES, (Hons), Urban Planning University of Waterloo

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association - Municipal Law Section
  • Member, University of Waterloo Planning Alumni of Toronto, which through its annual dinner, raises funds for the University of Waterloo's School of Planning
  • Member of Pragma Council, which involves high-level planning experts in Ontario

Knowledge

Events

News

Publications

  • 2009 Property Tax Assessment Update, 3/11/2009
  • FILING DEADLINES: Property Tax 2007 - Vacancy Rebate Applications for Commercial and Industrial Buildings, 2/11/2008
  • Toronto Land Transfer Tax, 11/4/2007

Speaking Engagements

  • Masters of Ceremonies - University of Waterloo Planning Alumni of Toronto's Annual Industry Dinner, 11/1/2010
  • Moderator - Fasken's Annual Planning and Development Program - High level exchange of planning and development issues, with past presentations from Chief Planner's from Toronto, Mississauga, Vaughan and from Waterfront Toronto, BILD, and other building and development industry representatives, 11/1/2009
  • Commercial Mortgage Transactions - Professionalism Issues, 9/2/2014
Masters of Ceremonies - University of Waterloo Planning Alumni of Toronto's Annual Industry Dinner University of Waterloo Planning Alumni, Toronto's Annual Industry Dinner at the Royal York Hotel, Toronto location location Toronto Royal York Hotel, Toronto
Moderator - Fasken's Annual Planning and Development Program - High level exchange of planning and development issues, with past presentations from Chief Planner's from Toronto, Mississauga, Vaughan and from Waterfront Toronto, BILD, and other building and development industry representatives Fasken Martineau location location Toronto
Commercial Mortgage Transactions - Professionalism Issues Law Society of Upper Canada location location Toronto Toronto, Ontario

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