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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

  • Recognized in Real Estate Law in Toronto, The Best Lawyers in Canada 2021 to 2026
  • Recognized in Municipal Law in Toronto, The Best Lawyers in Canada 2020 to 2026
  • Recognized as a Thomson Reuters Stand-out Lawyer (formerly known as Acritas Star™ lawyer), Thomson Reuters stand-out lawyers 2019 to 2022
  • 2019 Friend of the Faculty Impact Award – University of Waterloo School of Planning, 12/31/2019

Experience

  • La Caisse and Investissement Québec make strategic investment in Honco Group to support the growth of Québec-based steel processor, [Deal - Caisse de dépôt et placement du Québec and Investissement Québec], La Caisse and Investissement Québec make strategic investment in Honco Group.
  • 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], In April, 2020, Fasken advised a co-owner of a complex downtown Toronto development parcel on the sale of their interest in the development property. Fasken advised the confidential client with a team comprised of Neil Smiley and Mark Brennan (Real Estate) and Ron Nobrega (Tax).
  • 3555 Highway 7 Development purchases 3555 Highway 7 East, Markham for C$50 million, [Deal - Brivia Management Inc.], "In October 2019, Fasken advised 3555 Highway 7 Development Limited Partnership (the ""Partnership"") on the $50,000,000.00 purchase of 3555 Highways 7 East, Markham. Fasken advised on all matters relating to the partnership and ownership structure, the development agreement, the consultancy agre...
  • Windsor-Detroit Bridge Authority achieves financial close Gordie Howe International Bridge Project, [Deal - Windsor-Detroit Bridge Authority], On September 28, 2018, Windsor-Detroit Bridge Authority, a Crown corporation of the Government of Canada, reached financial close with Bridging North America General Partnership (a partnership indirectly held by ACS Infrastructure Canada Inc., Fluor Canada Ltd. and Aecon Concessions, a division o...

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

  • Uwaterloo.ca mentions Neil Smiley in an article about the Faculty of Environment 2019 alumni awards, 9/17/2019
  • Gordie Howe International Bridge Project Awarded Lexpert®’s Canadian Deal of the Year 2018, 2/15/2019
  • The Hamilton Spectator quotes Neil Smiley in an article about a former Cathedral designation delays, 6/6/2018
  • Innisfil Journal quotes Neil Smiley on proposed Big Bay Point Golf and Country Club expansion plan and zoning constraints, 3/2/2017
  • Law Times News quotes Neil Smiley in an article about the review of OMB, 11/21/2016

Publications

  • A City’s Tool to Solve Minor Housing Issues Is Overwhelmed, 5/28/2026
  • 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
  • Property Tax 2006 - Vacancy Rebate Applications for Commercial and Industrial Buildings and 2007 Assessment Appeals, 2/1/2007
  • Vincent v. DeGasparis: The talk around the office cooler... and other topics, 11/1/2005
  • Corporate Fraud: Identity Theft with a Difference, 6/1/2004

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
  • Real Estate Fraud – Tips for Avoiding the Traps, 4/11/2013
  • The American Retail Invasion and its Impact on Canadian Real Estate, 6/6/2012
  • Achieving Coexistence: Integrating the Environment and the Economy, 3/20/2012
  • Provincial Infrastructure Planning: Aggregates and Energy, 2/10/2012
  • Risky Business, 11/1/2011
  • Land Use and Infrastructure, 4/1/2011
  • 19th and 20th Annual Operation Update, 10/2/2009
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