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Robins Appleby LLP 'Real Estate Workout + Enforcement Team' helps lenders, developers, contractors, and landlords grapple with impact of COVID-19 – Canada NewsWire

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TORONTO, June 23, 2020 /CNW/ – Bay Street law firm Robins Appleby LLP has assembled a seasonal, multidisciplinary commercial “Real Estate Workout + Enforcement Team” to help solve the shared problems of lenders, developers, contractors, landlords, and tenants suffering from the effects of COVID-19.

“Credit is either drying up or becoming extremely expensive,” said Leor Margulies, head of Robins Appleby’s Real Estate Group. A 30-year veteran of commercial real estate in Toronto, Mr. Margulies specializes in construction financing and residential/commercial development.

“Further, income producing properties, particularly retail and commercial ones, face loss of tenants and potential bankruptcies. If what is going on south of the border, particularly in New York City, is a portend to things to come, things are going to get a lot worse before they get better.”

Irving Marks specializes in receivership and litigation: “There is a spectre of an explosion of receivership and CCAA proceedings occurring to deal with landlords unable to meet mortgage payments, retail chains unable to make payments or developers unable to complete projects due to cost overruns and delays, such as the Cresford situation. Lenders, borrowers and condominium purchasers will need some creative help in these challenging situations.”

Here are 5 examples of the types of commercial real estate ‘workouts’ that Robins Appleby has done over the years. 

There will be no easy solutions. On one side, there are lenders with commercial and residential projects experiencing both cost overruns and falling real estate values at the same time. On the other side, there are borrowers facing uncertain refinancing requirements or loan agreement breaches.

The ‘Real Estate Workout + Enforcement Team’ members can help in many ways:

  • Assist financial institutions to restructure problem assets, loans and related security;
  • Represent borrowers in negotiations with lenders for financing, refinancing and debt restructuring;
  • Provide owners/purchasers with guidance in acquiring/disposing real property in problem transactions;
  • Bring borrowers, lenders and potential equity partners together;
  • Structure innovative ownership vehicles, equity financing and other conventional financing;
  • Represent receivers, lenders, borrowers, purchaser groups and other stakeholders in enforcement and receivership proceedings;
  • Resolve disputes among property co-owners through negotiation or litigation; and
  • Provide tax planning advice to better manage declining asset values and debt restructuring.

Read our recent bulletin on FAQ – Tax Planning Opportunities in a Down Market.

“Government emergency measures implemented to defeat the virus are the first right answer. But the commercial real estate sector needs more specific kinds of help. Restructuring deals and projects is the second right answer. We are consciously looking for innovative solutions to problems for commercial real estate clients,” said Michael Gasch, partner at Robins Appleby, and a tax planning and restructuring lawyer.

A veteran of previous financial meltdowns, Mr. Margulies commented:  “During the 2008-2009 financial crisis, financial and real estate markets came to a standstill for almost a year. During the 1990-1995 recession, real estate values fell anywhere from 25% for existing commercial properties or developments, to 50% or more for undeveloped land. What lies beyond COVID-19 is anyone’s guess.”

About Robins Appleby LLP

For nearly 70 years, Bay Street law firm Robins Appleby LLP has provided practical legal and business advice to entrepreneurs, businesses, financial institutions, and foreign companies conducting business in Canada. The firm specializes in business law, commercial lending and real estate development, estate & succession planning, litigation, and business tax. The firm has 30 lawyers plus support staff.

SOURCE Robins, Appleby & Taub LLP

For further information: Media Contact: Jana Schilder, The Legal A Team, Mobile (416) 831-9154, [email protected]

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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