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Aubie J. Herscovitch

Partner

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Aubie J. Herscovitch advises businesses of all sizes and industries in legal matters relating to their commercial activities and real estate needs. Throughout his successful career, Mr. Herscovitch's sole objective has always been to work alongside his clients as an integrated partner to build legal strategies, reach the desired outcome and protect their interests. Negotiating and concluding business agreements and transactions is at the core of Mr. Herscovitch's expertise.

As part of his real estate practice , where he assumes the role of head of the firm's Real estate sector, he represents developers, investors, landlords and tenants with respect to the sale, acquisition, development, financing, leasing and disposition of real properties in Québec and abroad.

As part of his business law practice, his involvement entails all aspects of a transaction, including the drafting, negotiation and review of a vast array of commercial agreements. Mr. Herscovitch acts for financial institutions, banks, private lenders and borrowers on various secured and unsecured financing arrangements, where his expertise extends to matters involving the establishment of security on personal and real property, project financing, construction loans, leasing and factoring arrangements.

Over the years, he has written numerous articles and has been invited to speak at financial institutions as well as conferences organized by the International Council of Shopping Centers and The Canadian Institute on topics such as the due diligence process in the context of a real estate transaction, landlord's security and letter of credit. In addition, Mr. Herscovitch has been actively involved in various community fundraisers and is a member of the Board of Directors of several local non-profit organizations.

Representative Mandates

  • Represented UK Boots & Shoes Inc. and Online Sneaker Supply Corp. (OSSC) in a service agreement granting them exclusivity on all Canadian online sales, deliveries, returns and customer service activities for the iconic giants Dr. Martens and Converse
  • Represented Dutch Wheels BV in its legal and transactional proceedings to permanently install the Grand Roue de Montréal, the highest observation wheel in Canada, on île-Bonsecours, property of the Old Port of Montréal Corporation
  • Represented Brunswick Medical Group in the development of the new Children’s Clinic in Montréal
  • Represented a major full-service cellular dealership, in the sale of all its shares to a telecommunications giant
  • Represented the family-owned company Carrier Mausoleums Construction Inc. (CMC) in the purchase of the activities and business of its competitor Swan & Associates Inc.
  • Represented Sicam in the financing of a regional power centre, with a major food store, a fully integrated clinic and a modern entertainment centre, for 60 million dollars
  • Represented Centres Pod 28 inc. during the negotiation and drafting of a long-term lease with Rona Inc., the major tenant of the power centre
  • Represented the vendor in the sale of a single-tenant retail building in downtown Montréal for 36 million dollars
  • Represented the vendor in the sale of the University Club of Montreal, a five-floor landmark commercial property of 24,606 sq. ft., classified as a heritage property and located at 2047 Mansfield Street, for 6.35 million dollars

Education

1987 - LL.B., Université Laval
1986 - LL.L., Osgood Hall Law School, York University
1983 - BA, St-John’s University (NY, USA)
1981 - Associates of Applied Sciences, Fashion Institute of Technology, State University of New York

Professional Affiliations

  • Barreau du Québec
  • Canadian Bar Association
  • The Bar of Montreal 
  • Urban Development Institute of Québec
  • International Council of Shopping Centers 

Conferences

September 2018 - L'importance de la vérification diligente dans le cadre de vos transactions, Journée stratégique sur le développement immobilier et urbain, Open Forum ouvert in collaboration with Crew M

June 2009 - Mécanismes de protection et garanties faciles à exécuter du point de vue du locateur vs du locataire, L'Institut Canadien

March 2009 - Securing the Covenant in Troubled Times: Practical Advice for Landlords and Tenants, ICSC Law Conference

Publications

March 2018 Buyer beware!, De Grandpré Chait Newsletter

October 2017 - Real estate agents beware: More is better, De Grandpré Chait Newsletter