Welcome and Chairs’ Introductory Remarks

Simon P. Crawford, Bennett Jones LLP
Dana S. Porter, Stikeman Elliott LLP
Walter M. Traub, Goldman Sloan Nash & Haber LLP

Purchase Agreements Today: Revisiting the Negotiation Process and Key Provisions in the Agreement of Purchase and Sale

Jeffrey W. Lem, Davies Ward Phillips & Vineberg LLP

• Negotiating and drafting agreements of purchase and sale now – how are the deals different?
• Transactions involving distressed real estate
• Issues raised by specific types of vendors – lenders, receivers, trustees in bankruptcy, etc.
• Commercial title insurance: issues to be newly mindful of (including solvency of the insurer)

Show Me the Money: What’s Different in Commercial Real Estate Finance?

David A. Dell, Torys LLP

• What’s negotiable now, on what terms, and with whom?
• The effect of changes in the tenor of negotiation
• Limited recourse loans — still possible?
  
• New ‘required by lenders’ provisions, including ‘market out’ and material adverse change (MAC) provisions

Negotiating and Amending Key Lease Terms

William A. Rowlands, Lang Michener LLP
Alison T. Tortorice, Cadillac Fairview Corp.

• Lease terms deserving special attention in today’s market
  
• Rethinking assignment, subletting and other exit strategies
  
• ‘Going dark’ provisions and their impact on other lease terms
  
• How can a tenant protect against landlord defaults?

Luncheon Dialogue/Business-Legal Interface

Peter Aghar, President and Chief Investment Officer KingSett Capital
Eric M. Carmona, Stikeman Elliott LLP

• Six-month forecast; the most likely trends affecting income properties
• How commercial real estate lawyers and their clients can best assist each other

WHEN DISPUTES ARISE — BEST PRACTICES AND REMEDIES

The Unravelling Purchase and Sale: What to Expect – and Do – When the Deal Goes Wrong Before Closing

Norman B. Lieff, Ogilvy Renault LLP

• ‘Red flags’ to watch for from the other party
  
• Practical considerations when the purchaser wants out
  
• Tender: a refresher and update
  
• The current law on the scope of the duty of good faith in bargaining
• The use (and abuse) of certificates of pending litigation
• Recent caselaw on legal and equitable remedies for vendors and purchasers

Mortgage Enforcement and Remedies: A Refresher and Update

Silvana M. D’Alimonte, Blake, Cassels & Graydon LLP

• When a mortgage goes bad – enforcement from both mortgagor/mortgagee’s perspectives
  
• Redemption and other borrowers’ rights
  
• Caselaw update on powers of sale, judicial sales and foreclosures
• Dealing with competing claimants

Refreshment Break

When Commercial Landlords or Tenants Run into Problems

Sheldon L. Disenhouse, Fraser Milner Casgrain LLP

• Review and update on commercial landlord/tenant rights and remedies
  
• Rent relief and forbearance agreements
  
• What commercial real estate lawyers need to know about lease arbitration and mediation (including selection of the arbitrator and
  alternatives to arbitration)
• PPSA considerations for landlords/mortgagees in possession
  
• Grace under pressure; a handy matrix of considerations and options when you have 15 minutes to come up with a strategy and formulate your advice

What You Need to Know Now About Insolvency and Commercial Real Estate

Moderator
Walter M. Traub, Goldman Sloan Nash & Haber LLP

Panellists
The Hon. Justice Geoffrey B. Morawetz, Superior Court

of Justice (Ontario)
The Hon. James Farley Q.C., McCarthy Tétrault LLP
Elizabeth Pillon, Stikeman Elliott LLP

• Rights and remedies of various parties in frequently-encountered insolvency scenarios
• Latest developments regarding priorities in insolvency situations
  
• What judges want to know/see before signing the order authorizing a sale of the property
• Ensuring that draft vesting orders (CCAA and BIA) are proper in form and content
• Private vs. court-appointed receivers
• Recent developments in debtor-in-possession (DIP) financing