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Mark Brennan Toronto Lawyer

Mark S. Brennan

Partner Fasken
Jurisdiction Ontario, 1983
Language(s) English
Office(s) Toronto


Mark Brennan is a commercial real estate lawyer specializing in financings, acquisitions and developments. He advises pensions, reits, financial institutions, partnerships and corporations.

He is rated in Martindale-Hubbell with the highest rating for legal ability and ethics and listed in the 2022 “Best Lawyers in Canada Guide” for real estate law.

Representative Experience

  • Acted for two financial institutions in the acquisition of 80% of a $500 million Toronto office complex (included advising on joint venture and management arrangements).
  • Acted for lender AIG in over $275 million of loans to InnVest REIT, including the acquisition of the Toronto Trump Hotel (now the St. Regis) and the financings of the Vancouver Hyatt Regency Hotel, the Calgary Fairmont Palliser Hotel and the Fairmont Vancouver Airport Hotel.
  • Acted for the Greater Toronto Airports Authority in over $400 million of acquisitions of Mississauga commercial properties including the International Centre.
  • Acts for Brookfield in a $266 million loan facility and in a $350 million loan facility.
  • Acted for Crow's Theatre in the acquisition/financing of its new Toronto theatre.
  • Acted for Brookfield in the $110 million sale of the Toronto HSBC Building to Anbang.
  • Acted for a major Canadian pension fund in the sale of a 50% interest to and joint venture with a second major Canadian pension fund of a future $500 million office/retail centre.
  • Acted for the vendor in a sale and due diligence process in which developers were invited to submit offers for 190 acres of GTA vacant land, resulting in a $175 million sale.
  • Acts for a vendor in sale of 100 acres of developable vacant land near the Toronto GO rail line.
  • Acted for a vendor in sale to regional government of future GO station site and a vendor in sale to Metrolinx of Eglinton property.
  • Acted for the US lender Pearlmark in the mezzanine loan for the new Toronto Four Seasons Hotel.
  • Acted as lead real estate counsel for a lending syndicate in a $386 million loan facility and a $231 million loan facility to Dundee/Kilmer, the developer of the Toronto Pan Am Games Village, a mixed-use condo/commercial/affordable housing complex, the development/construction documents for which were negotiated with Ontario Infrastructure and Waterfront Toronto.
  • Acts for Toronto International Film Festival Inc. in the Ontario Infrastructure financing of the Bell Lightbox (such property is part of a complex which includes a residential hi-rise tower and a parking facility).
  • Acts as lead real estate counsel for The Niagara Parks Commission (the owner of the Canadian side of Niagara Falls and of the Niagara Parkway) in various legal matters from time to time.
  • Acted for German fund DEGI International in acquisitions including the $400 million purchase, development and sale of Calgary Penn West Plaza.
  • Acted as lead real estate counsel for BNS and TD in a $300 million loan to the Province of Ontario to finance the development and construction of 23 highway service centres.
  • Acted for CDPQ/Otera in the $381 million construction loan for Maple Leaf Square (being two hi-rise, hotel, office and retail buildings beside Scotiabank Arena ), in a $391 million bond/trust deed financing of 19 leading Fairmont/Delta hotels, in a $163 million bond/trust deed financing of Fairmont Royal York and in other financings including Atrium on Bay, HSBC Building, Queens Quay Terminal and Zurich Tower.
  • Acted for the pension fund developer PenEquity in the acquisition and development of a $200 million building at the northeast corner of Yonge and Dundas, Toronto; involved Ryerson air rights, complex arrangements with the City and Dundas Square.
  • Acted for CREIT in acquisitions and financings of more than 100 commercial/industrial properties.
  • Acted for Metro Capital in acquisition/financing of 2,000 Toronto rental apartments in 10 buildings.


  • Recognized in Real Estate Law in Toronto, The Best Lawyers in Canada 2018 to 2024
  • Recognized in the Canadian Legal Lexpert Directory in Project Finance, Lexpert 2022
  • Canadian Legal Lexpert Directory for Project Finance, Canadian Legal Lexpert Directory 2018 to 2019

Client Work

  • 12442 Bramalea Limited Partnership completes C$60 million acquisition of 99 acre site fronting on Bramalea Road in Caledon, Ontario,
  • Sale of co-owner's interest in Downtown Toronto development parcel,
  • BDO Canada LLP Completes Acquisition of Lixar I.T., a premier artificial intelligence and data company,
  • ​1150782 Ontario Inc. sells 85% of the property known as 31 Parliament Street, Toronto,
  • 3555 Highway 7 Development purchases 3555 Highway 7 East, Markham for C$50 million,
  • Advised on loan to Baycrest Centre for geriatric care,
  • Airway Centre purchase of property portfolio,
  • China-based investment group finalizes three limited partnerships to finance the acquisition of student residences in the Waterloo region of Ontario,
  • China-based investor to complete its investment into a limited partnership with registered title to real estate comprising a seniors’ community located in the Barrie region of Ontario,

Career & Education


  • LLB Queen's University
  • BA, (Honours Business Administration) Western University

Fasken Institute



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