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Richard Clare Associé/Partner Montréal

Richard J. Clare

Partner Fasken
In structuring a joint venture agreement, it is essential that each party benefit therefrom. Aligning the interest of every party is key to the success of the venture.
Jurisdiction Québec, 1976
Language(s) French, English
Office(s) Montréal
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Overview

Richard J. Clare provides high-level advice and has an unparalleled reputation as a strategic advisor in the real estate community. With a practice in real estate and commercial law, he assists clients in real estate development, joint venture structures, portfolio dispositions and acquisitions and financing. Richard acts for institutional lenders in structuring construction or permanent financing. He also advises purchasers, vendors, developers and real estate agents on the sale, purchase, development and zoning of buildings.

Leaders in the hotel industry seek Richard’s guidance on franchise agreements and management contracts.

In the structuring of mixed-use projects, Richard uses divided co-ownership (horizontal and vertical) and rights of superficies.

Richard has also developed expertise in the use of emphyteutic and usufruct structures as tax advantages for non-profit entities.

Directories recognizing Richard’s extensive experience in real estate law include The Best Lawyers in Canada where he was recognized as Lawyer of the Year 2017 Quebec, in real estate. He is also recognized in Chambers Canada, Who’s who Legal, and the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Real Estate. The Canadian Legal Lexpert Directory 2017 recognizes Richard’s expertise in Property Development and Project Finance.

Achievements

Client Work

  • Mathers’ St-Eustache Quarry and Asphalt Operations in Quebec is acquired by Lafarge Canada, [Deal - Groupe Mathers], For over 60 years, the Mathers St-Eustache Quarry has been the largest crushed stone quarry producer in Quebec.
  • Partnership between Brivia and Ipso Facto to develop 1 Square Phillips, [Deal - Brivia Group], Partnership between Brivia and Ipso Facto.
  • TD Bank invests C$150 million for the construction of three retirement home projects developed by Group Maurice, [Deal - TD Bank], Long-term financing approved for three retirement home projects in and around the Montreal area.
  • Maisons Vivalto acquires Floralies Lachine and Floralies LaSalle for a transaction value of $80 million, [Deal - Maison Vivalto], Maisons Vivalto a group specializing in assisted-living and long-term care facilities for seniors announced the acquisition of two properties on the Island of Montréal which offer more than 500 beds covering seniors with decreasing independence for a transaction value equal to approximately $80 ...
  • The Groupe Maurice sells Canadian affiliate of Ventas for C$987 million, [Deal - Le Groupe Maurice], Acted for all of the lenders to the affiliates of Fonds Immobilier Groupe Maurice (2015) SEC (Le Groupe Maurice (the “Borrowers”) in respect of the financing of their 31 senior citizen residences in order to obtain the consent requested for the sale by the principal limited partner Ipso Facto Inv...
  • Brivia Group purchases 1201-1215 Phillips Square in downtown Montréal from Canderel, [Deal - Brivia Group], Brivia Group, the YUL condominium developer, purchased the approximately 80,000 ft2 parking lot at 1201-1215 Phillips Square in April 2018 for CA$45 million. This transaction ranks as the third largest land transaction registered on the Island of Montreal, according to a compilation prepared by t...
  • GI Partners completes the sale of ownership interests of air cargo buildings to RAL Canada Holdings, [Deal - Various], On December 16, 2015, GI Partners, a San-Francisco based pension fund advisor, completed the sale of ownership interests in an 8 million square foot portfolio of air cargo buildings located at over thirty airports in the US and Canada to RAL Canada Holdings, LP and RAL North Dorval II, LP. Includ...
  • Maison de Radio-Canada enters development project for CBC/Radio-Canada, [Deal - CBC/Radio-Canada], Fasken Martineau is acting as legal counsel to CBC/Radio-Canada in connection with the Maison de Radio-Canada (MRC) Development Project. The Development Project involves both the construction of a new building to house CBC/Radio-Canada’s main French language production activities in Canada and it...
  • $172 million Financing of the Stock Exchange Tower / Place Victoria, [Deal - Magil Laurentienne],  

Career & Education

Education

  • LL.L. Université de Montréal
  • BSc McGill University

Community involvement

  • President of the Board of Quartier Éphémère (Darling Foundry)
  • Member, Board of Directors, Gestion Fonds d’Investissement de Montréal (F.I.M.) Inc. (since 2015)

Memberships & Affiliations

  • Member, Québec Bar
  • Member, Bar of Montréal
  • Member, Canadian Bar Association
  • Member, Urban Development Institute of Québec

Events

News

Publications

  • L'entrée en vigueur de la Loi sur les sociétés par actions (Québec), 3/1/2011
  • Bill 83 and the voluntary certification of senior citizens' homes, 12/1/2005
  • Beyond Results, 12/1/2005

Speaking Engagements

  • David vs. Goliath: The nimble developer and the institutional investor enter into a real estate joint venture, 4/28/2015
  • The Canadian Institute and Insight, 6/21/2007
  • Urban Development Institute of Québec, 6/20/2007
David vs. Goliath: The nimble developer and the institutional investor enter into a real estate joint venture Workshop - 7th Fasken Martineau Symposium location location Montreal
The Canadian Institute and Insight Lecturer and Panelist, conferences on real estate law location location Montréal
Urban Development Institute of Québec Lecturer and Panelist, Conferences on real estate law location location Montréal

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