Senior Living & Housing

As significant investments fuel new communities, redevelopments and amalgamations, the unprecedented growth in the industry has heightened the importance of due diligence in transactions, regulatory compliance and risk management.

Our multidisciplinary Senior Living & Housing Group assists operators with all aspects of their operations. We provide clients with practical solutions on issues that may arise from day-to-day operations, including:

  • statutory compliance (including licensing, and policy review and implementation)
  • regulatory inspections and investigations
  • incident management and resident safety
  • privacy
  • consent and capacity issues
  • residential tenancy disputes
  • civil claims
  • human rights complaints
  • labour and employment matters 

We also possess expertise in assisting clients with transactions, including advice on:

  • development of new homes including integrations with other property types such as condominiums or long-term care homes;
  • negotiating agreements of purchase and sale for real estate for clients that regularly purchase or sell existing seniors housing in Canadian jurisdictions;
  • commercial agreements and leasing with entities operating within seniors homes, such as pharmacies, eye-care and hearing-care businesses.

Our senior living and housing clients are industry leaders. Whether they are a multi-site operation or a single-site home, we share in our clients’ dedication to the people who live and work within their communities.

Experience

  • Operators of senior living residences in drafting of residential leases and / or tenancy agreements, advertising materials, care home information packages, commercial contracts with suppliers, as well as various policies, notably ensuring compliance with provincial retirement home and long-term care legislation.
  • Advising parties in relation to acquisitions, dispositions and other M&A activities involving individual senior’s homes, and portfolios, as well as in relation to a broad range of financing activities, including equity and debt instruments and mortgage financing. Some examples of our experience in this regard include acting for:
    • Retirement Concepts in its sale of 24 senior residences to Cedar Tree Investment.
    • Health Care REIT in its $1.3 billion acquisition of a 75% interest in 47 seniors housing facilities from Revera Inc.
    • Underwriters in a $339-million offering by Chartwell Retirement of debentures convertible into trust units, as well as in connection with numerous other public and private offerings of trust units and other Chartwell securities.
  • Operators of senior living residences in connection with regulatory and /or coroner investigations and before civil courts and administrative boards, such as provincial rental boards.
  • Retirement residences and long-term care homes in relation to various operational and day-to-day issues, including crisis and risk management, patient/resident safety, privacy, consent and capacity, disclosure, policy development and implementation.
  • Government health organizations in connection with their assessment of proposed the purchases and sales of senior living residences.
  • Operators of senior living residences with respect to the storage, administration and risk management of medical and adult use cannabis in accordance with Federal, Provincial and Municipal legislation and bylaws.

Key Contacts

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