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D. John Naccarato

Senior Partner

D. John Naccarato

Ottawa

T:+1 613.780.8608

John Naccarato’s practice focuses primarily on commercial real estate, including commercial leasing, acquisitions, dispositions, development, financing, municipal planning and zoning matters, mortgage, ground lease and construction financing, mortgage realization and enforcement, construction law and construction lien matters.

Mr. Naccarato has represented land developers, builders, lenders, landlords and tenants in residential, commercial, industrial and mixed-use projects, and has been involved as counsel in various large projects for owners, contractors, project managers, developers, major tenants and financial institutions involving leasing, development, construction law, construction lien, financing and secured lending issues.

He has provided advice on, drafted and assisted in negotiation and implementation of both simple and complex stipulated lump-sum, design/build, build-to-suit and cost-plus construction contracts, and construction management, project management, architect, consulting engineers, design and other professional services agreements for projects in Ottawa, Toronto, Montreal, Calgary, the United States, Ireland and Egypt. Mr. Naccarato has been involved in several public-private partnership and alternative financing projects for proponents and for lenders pertaining to hospitals, recreation centres and other infrastructure projects.

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  • Education

    LL.B., Queen's University, 1981
    B.A., University of Toronto, 1978

  • Representative experience

     

    Mr. Naccarato has acted in the following matters:

    • Legal services to major tenant in connection with negotiating leases for large single-user buildings, build-to-suit buildings, and sale/leaseback transactions
    • Representation of owner in connection with the sale of various properties, business units, transfer of employees, outsourcing of manufacturing functions and all legal matters relating to such activities
    • Representation of owner in connection with the sale of 500,000 sq.-ft., 800,000 sq.-ft., 1.2 million sq.-ft. and 2 million sq.-ft. facilities
    • Representation of purchaser of CANDU Reactor business from AECL
    • Legal services to property owners regarding impacts of Ottawa Light Rail Project and negotiating property rights relating to LRT station entrances
    • Region of Waterloo Light Rail Project – part of legal team providing counsel to Region of Waterloo in the procurement, construction, development and financing of the region’s light rail project in Kitchener-Waterloo, Ontario
    • Pan-Am Games Stadia and Velodrome Project – counsel to lenders financing the construction and completion of the 2015 Pan-Am Games stadia and velodrome in Toronto, Hamilton and Milton, Ontario
    • 90 Elgin Street Redevelopment Project – counsel to design/builder in a 500,000 sq.-ft. federal office building redevelopment P3 project with PWGSC in Ottawa, Ontario
    • Ontario Highway Service Centres Project – counsel to construction and equipment procurement and installation firm in regards to an alternative financing and procurement project to design and construct service centres situated on highways 400 and 401 in Ontario administered by Infrastructure Ontario
    • Royal Ottawa Hospital – participation as part of team representing consortium in the financing, real estate, construction, procurement, and labour relations elements for the delivery of the Royal Ottawa Hospital, Ottawa, Ontario

     

  • Admissions
    • Ontario 1983
  • Rankings and recognitions
    • Best Lawyers in Canada (2011-2017) – Real Estate Law
    • Canadian Legal Lexpert Directory (2015-2017): recommended in Banking & Financial Institutions; Property Development
  • Speaking engagements

    Mr. Naccarato has presented papers in continuing legal education seminars on commercial leasing and mortgage enforcement matters, has given seminars on construction contracts at the Ottawa Construction Association, and has been a special lecturer at the Bar Admission Course in Ottawa. Presentations include:

    • Mortgages and Mortgage Remedies – The Pragmatic Practitioner, CCLA/CBA, May 1994
    • Commercial Leasing: The Anatomy of a Lease, October 2000
    • Selected Environmental Issues in Commercial Leasing, Carleton County Law Association Solicitor's Conference, May 2003
    • “Mould is Gold” – Legal Implications, OCA & OGCA Seminar, November 2003
    • Construction Contracts – OCA Seminar, May 2004 
    • When is Enough, Enough? Untangling “Best,” “Reasonable” and other “Efforts” Standards - CCLA 2013 East Region Solicitors Conference
    • The New Asbestos Regulation: A Summary of the Implications for Building Owners
  • Memberships and activities

     

    • Canadian Bar Association
    • County of Carleton Law Association 
    • Committee of Adjustments – City of Ottawa
    • Building Owners and Managers Association of Ottawa
    • Ottawa Construction Association
    • American College of Mortgage Attorneys