OUR PEOPLE

Alan has been involved in a number of complex landmark projects that include the following:

• Negotiated for British Energy plc the long-term ground lease of the Bruce Nuclear Power Station by British Energy plc's subsidiary Bruce Power LP from Ontario Power Generation Inc.; the first acquisition of a nuclear power station in Canada by a non-governmental entity. Continues to advise Bruce Power on a range of real estate and construction law issues including sublease of the Bruce A Facility in connection with the Bruce A Restart Project.
• Acted for Carnival Resorts and Casinos in connection with the establishment and financing of Casino Rama on First Nations lands, acted as outside general counsel to the operator of Casino Rama and served on the Board and Audit Committee of the operator.
• Part of the team that assisted Falls Management Company in connection with its assumption of the management of Casino Niagara and the ongoing development of the new casino and related attractions in Niagara Falls, Ontario.
• Gaming related due diligence experience includes Scotia Capital’s bond financing of Woodbine Entertainment Group.
• Advised the Scarborough Hospital (formerly Scarborough General Hospital) with one of the first projects in Ontario that utilized surplus hospital lands. The transaction involved a long-term ground lease to a private developer for the development of a high-rise medical office building and was structured to minimize rent and construction risks for the hospital. Developed an innovative agreement for the development and operation of the hospital's parking facilities that netted the hospital a new multi-level parking structure.
• Advised the Ontario Electricity Financial Corporation in connection with outsourcing the management and energy trading functions relating to non-utility generation contracts including negotiating the requisite contract management agreement.
• Acted for the City of Toronto in connection with the phased acquisition of the Harbourfront Lands from the federal government, including the negotiation of multi-party agreements in order to implement the transactions and settling the lease with Harbourfront '90 for the 10-acre program site.
• Advised a consortium that included Toronto Hydro and Hydro One in connection with the feasibility of building a chilled water plant using off-peak electricity, including structuring the transactional documents in light of the complicated ownership and leasehold structure of the proposed Toronto Railway Lands site.
• Acted for a major pension fund in a tax effective structured "hell or high water" lease transaction for the construction of an office building for Ontario Power Generation.
• Negotiated the purchase and completed the acquisition from the province of Ontario of the site for Toyota's automobile assembly plant in Cambridge, Ontario including negotiating ancillary agreements to provide various infrastructure services to the site.
• Acted for the Ontario Ministry of Culture and Recreation in its acquisition, preservation and restoration of the Elgin-Winter Garden Theatre in Toronto.
• Advises the Ontario Real Estate Association on a range of issues faced by a major trade organization including governance, regulatory, dispute resolution, litigation management, privacy and government affairs matters.
• Advised the Toronto Real Estate Board (the largest real estate board in North America) on issues faced by a large real estate board in a changing economic and legal environment including governance, regulatory, dispute resolution, litigation management, privacy and government affairs and assisted in major rewrite of the Board’s multiple listing rules.
• Acted in connection with a number of landmark transactions including: Canadian Pacific's sale of Marathon; financing of the Toronto Eaton Centre; Olympia and York's acquisition of First Canadian Place; and Dundee Realty's acquisition of Lehndorff.
• Drafted innovative form of option to lease and lease agreement for the development of a wind farm.
• Condominium development experience includes creation of new build and conversion projects and advising a court appointed receiver with condominium issues concerning a troubled project and acting for a prospective purchaser of a troubled project from a court appointed receiver.
• Construction law experience includes drafting and negotiating construction contracts, development and construction management agreements and architect contracts for office and special purpose buildings including used nuclear fuel transfer facility for Bruce Power.

Alan serves as vice-president on the Ontario Council of the Canadian Red Cross Society; is a national governor of the Canadian Red Cross Society; chairs the Pension Committee; and is also a director and vice chairman of the operating board of Providence Healthcare in Toronto, the third largest rehabilitation and complex continuing care hospital in Ontario.

Alan's speaking and writing assignments include: The Legal Basis of the Gaming Industry in Ontario; Environmental Due Diligence and the Purchase of Real Estate; The First Nations Land Management Act: An Alternative to the Land Regime Under the Indian Act; Land Trusts – An Introduction and Overview, GST and Real Estate; Real Estate and Telecommunications Issues; Liability Issues for Directors of Non Share Capital Corporations; Canada's Money Laundering Legislation; Adjustment Clauses in Commercial Real Estate Agreements; Ontario Freedom of Information and Federal Access to Information Legislation; The Doctrine Deemed Surrender and Regrant in Commercial Leases and Dealing with Encumbrances Registered after the Requisition Date.

To satisfy the major research paper requirement of his LLM, Alan authored A Brief Legal History of the Residential Community on Toronto Island.