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Mark Brennan Toronto Lawyer

Mark S. Brennan

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

Mark Brennan is a commercial real estate lawyer specializing in financings, acquisitions and developments. With more than thirty years of experience, Mark has advised pension funds, reits, off-shore funds and financial institutions, as well as partnerships and real estate corporations.

Rated in the Canadian Martindale-Hubbell Legal Directory with the highest possible rating for both legal ability and ethics, many of Mark’s transactions have been featured in Lexpert. He is listed in the 2018 “Best Lawyers in Canada Guide” for real estate law and in the 2019 Lexpert repeatedly recommended category for Toronto project finance practitioners.

Representative Experience

  • Acted for lender AIG in the financing of the 2017 acquisition of the Trump Hotel, Toronto.
  • Acted for the Greater Toronto Airports Authority in multiple acquisitions including a $155 million acquisition of Mississauga commercial property, a $143 million acquisition of Mississauga commercial property and a $115 million acquisition of the International Centre, Mississauga.
  • Acts for Brookfield in a $266 million unsecured loan facility from CIBC, BNS, BMO, RBC, TD, National Bank and Caisses Desjardins.
  • Acted for Crow's Theatre, one of Canada's leading live theatre groups, in the acquisition and financing of its new theatre located at the northeast corner of Dundas and Carlaw, Toronto.
  • Acted for Brookfield in the $110 million sale of the Hong Kong Bank Building (York Street, Toronto) to the Anbang Group.
  • Acted for lender AIG in multiple financings including an $80 million mortgage loan to InnVest REIT secured against the Vancouver Hyatt Regency Hotel, an $82.5 million mortgage loan to InnVest REIT secured against the Fairmont Palliser Hotel, Calgary, a $45 million mortgage loan to InnVest REIT secured against the Fairmont Vancouver Airport Hotel, an $88.5 million acquisition/construction mortgage loan to the State Group and a $70 million mortgage loan secured against 7 medical buildings.
  • Acted for a major Canadian pension fund in the sale to a second major Canadian pension fund of a 50% interest in a downtown property in a major Canadian city that will be developed into a $500 million office/retail centre, including all significant co-ownership and management agreements providing for same.
  • Acted for the vendor in a sale and due diligence process in which developers were invited to submit offers for the acquisition of approximately 190 acres of developable vacant land (Major Mackenzie and Bathurst), which process resulted in a $175 million sale (one of the most significant and lucrative sales of vacant land in the history of the greater Toronto area).
  • Acted for the US lender Pearlmark in the mezzanine loan for the acquisition of the new Toronto Four Seasons Hotel.
  • Acts for Brookfield in a $350 million unsecured loan facility from CIBC, BNS, BMO, RBC, TD, National Bank and Caisses Desjardins.
  • Acted as lead real estate counsel for a leading syndicate in a $386 million loan facility and a $231 million loan facility to the developer of the Toronto Pan Am Games Village.
  • Acts as lead counsel and manager of the Fasken team, as official legal service provider to Toronto International Film Festival Inc.
  • Acted for Toronto International Film Festival Inc. in the Ontario Infrastructure construction financing of the Bell Lightbox.
  • 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 First Commercial Bank (Taiwan) in multiple financings including a $46 million mortgage loan against a Toronto commercial property, a $42 million mortgage loan against a Toronto commercial property and a $39 million mortgage loan against a Niagara-on-the Lake commercial property.
  • Acted for the German fund DEGI International in multiple acquisitions including the purchase, development and sale of a 90% interest in office tower Penn West Plaza (Calgary) for approximately $360 million.
  • 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 a $381 million construction mortgage loan to Cadillac Fairview, Maple Leaf Sports and Lanterra for the construction of Maple Leaf Square in Toronto. Maple Leaf Square is a mixed use development immediately adjacent to Scotiabank Arena, which is comprised of a 44 storey condo building, a 40 storey condo building, a 162 room hotel, a 220,000 square foot office component, a 130,000 square foot retail area and 4 levels of underground parking.
  • Acted for the developer PenEquity in the acquisition and development of a $200 million building at the northeast corner of Yonge and Dundas, Toronto.
  • Acted for CDPQ/Otera in a $391 million loan to Legacy Hotels REIT, secured by bonds, corresponding trust deeds and security registered against 19 leading Canadian hotels including the Fairmont Chateau Laurier (Ottawa), the Fairmont Queen Elizabeth (Montreal), the Fairmont Palliser (Calgary), the Fairmont Waterfront (Vancouver), the Fairmont Hotel Macdonald (Edmonton), the Delta Centre-Ville (Montreal) and the Delta Halifax.
  • Acted for CDPQ/Otera in multiple financings including a $163 million mortgage loan against the Fairmont Royal York Hotel (Toronto), an $85 million mortgage loan against the Atrium on Bay (Toronto) and numerous other mortgage loans involving such Toronto buildings as Queens Quay Terminal, the HSBC Building, the North York Royal Bank Building, the Zurich Tower, other University Avenue office buildings and Eglinton Avenue office/retail buildings.
  • Acts for domestic pension funds, domestic insurance companies and off-shore insurance companies in mortgage brokerage licencing matters, "Canadianizing" mortgage loan and security documents and mortgage acquisitions and sales.
  • Acted for Canadian Real Estate Investment Trust in acquisitions and financings of more than 100 retail, office and industrial properties (including development and construction projects).
  • Acted for Metro Capital in the acquisition and financing of a 10 building, 2,000 unit Toronto apartment complex.
  • Recognized in Real Estate Law in the 2020 edition of The Best Lawyers in Canada, The Best Lawyers in Canada 2020
  • Canadian Legal Lexpert Directory for Project Finance, Canadian Legal Lexpert Directory 2018 to 2019
The Best Lawyers in Canada Recognized in Real Estate Law in the 2020 edition of The Best Lawyers in Canada
2018 to 2019 Canadian Legal Lexpert Directory Canadian Legal Lexpert Directory for Project Finance
Date

Education

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

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