ICSC+CANADIAN LAW

Thursday April 23, 2026
7:30 am - 6:30 pm
Location: Toronto I/II Foyer

Thursday April 23, 2026
7:45 am - 8:30 am

Thursday April 23, 2026
8:00 am - 8:30 am
Location: Toronto I/II

No breakfast service after 8:30 am. 

Thursday April 23, 2026
8:30 am - 8:45 am
Location: Toronto I/II

SPEAKER 

Hilary Hennick, ICSC+CANADIAN LAW 2026 Program Planning Committee Chair; Executive Director & Corporate Counsel, Cineplex Entertainment LP 

Thursday April 23, 2026
8:45 am - 10:15 am
Location: Toronto I/II

Thursday April 23, 2026
10:15 am - 10:30 am
Location: Toronto I/II Foyer

Thursday April 23, 2026
10:30 am - 11:30 am
Location: Carmichael/Jackson

There are many terms in lease or prelease forms, sometimes boilerplate terms, that are either overlooked, not fully considered or are taken for granted without consideration of possible accounting or tax impacts either for the landlord or the tenant. This session will cover and clarify financial, accounting and tax implications to be noted and considered when negotiating and drafting lease terms. legal practitioners will continue to collaborate with accounting teams in drafting and negotiating terms, the goal of the session will be to provide some background as to the financial, accounting and tax rules upon which thos terms are based. 

MODERATOR 

Richard Burgos, Partner, Bennett Jones LLP, Toronto, ON 

PANELISTS 

Nathalie Avram, Director, Counsel, Franchising & Real Estate, Canada, The TDL Group Corp., an affiliate of Restaurant Brands International Inc., Montréal, QC 

Heather Ball, Associate General Counsel, NADG, Toronto, ON 

Mark Vrooman, Partner, Assurance Canadian Real Estate, Hospitality & Construction Leader, Ernst & Young, Toronto, ON 

Thursday April 23, 2026
10:30 am - 11:30 am
Location: MacDonald/Lismer

Special consideration must be given when negotiating long-term leases, as they are filled with many traps and pitfalls. Join this discussion of the planning act legislation and other land transfer cost considerations across the country and explore some interesting case studies.  

MODERATOR 

Melodie Eng, Partner, McMillan LLP, Toronto, ON 

PANELISTS 

Matthew Newell, Partner, Stewart McKelvey, Halifax, NS 

Maria Penner, Partner, MLT Aikins LLP, Winnipeg, MB  

Arturo Pugliese, Partner, WeirFoulds LLP, Toronto, ON 

Thursday April 23, 2026
11:45 am - 12:15 pm
Location: Toronto I/II

No lunch service after 12:15 pm. 

Thursday April 23, 2026
12:15 pm - 1:00 pm
Location: Toronto I/II

Join us for an engaging discussion with Mark D’eon, National Vice President, Retail Leasing at Oxford Properties Group, as we unpack the current state of Canadian retail leasing, explore the future of the market, and learn how one of Canada’s largest landlords is preparing for the road ahead.  

MODERATOR 

Robert Eisenberg, Partner, WeirFoulds LLP, Toronto, ON 

PANELIST 

Mark D’eon, National VP, Retail Leasing, Oxford Properties Group, Toronto, ON 

Thursday April 23, 2026
1:15 pm - 2:15 pm
Location: Carmichael/Jackson

Don’t Miss This Episode of “Law and Order – Special Jurisdiction Unit: The Civil–Common Showdown (Spotlight Edition)

Step into the world of commercial leasing across Canada’s two legal traditions! This workshop dives into the unique contrasts between Quebec’s civil law and common law in other provinces, exploring how each system drafts, interprets, and enforces commercial leases. Through interactive scenarios and hands-on exercises, participants will tackle conflicting clauses, navigate differing obligations, and confront practical drafting challenges, uncovering the nuances that can make or break a lease depending on the jurisdiction. Join us for a fast-paced, debate-filled, and highly practical session where codes and precedents collide - and together, let’s help the lease finally find its true identity! 

MODERATOR 

Mireille Malek, VP, Legal, Forum, Montréal, QC 

SPEAKERS 

Steven Chaimberg, Partner, Miller Thomson LLP, Montréal, QC 

Janet Derbawka, Partner, Norton Rose Fulbright Canada LLP, Vancouver, BC  

Thursday April 23, 2026
1:15 pm - 2:15 pm
Location: Tom Thomson

Not every issue that arises during the life of a lease has a clear answer. This interactive workshop explores how common issues are managed when the lease leaves room for interpretation. Participants will work through a set of scenarios in small groups, focusing on practical interpretation, informed judgment, and effective issue management in the day-to-day administration of commercial leases. 

MODERATOR 

Scott Pike, Partner, Stewart McKelvey, Hallifax, NS 

PANELISTS 

Brian Parker, Partner, Daoust Vukovich LLP, Toronto, ON 

Sharon A. Ohayon, Partner, Witten LLP, Edmonton AB 

Thursday April 23, 2026
1:15 pm - 2:15 pm

Bring your appetite and your energy to this workshop session where we will be examining specific clauses that are critical to your restaurant, fitness facility or medical office lease. This is an interactive session where you will have the chance to learn from our panelists who work in these speciality areas and from those at your table about the pitfalls to avoid in drafting these leases both as landlord’s counsel and tenant’s counsel. 

MODERATOR 

Stacey Handley, Partner, Gowling WLG (Canada) LLP, Vancouver, BC 

Thursday April 23, 2026
2:30 pm - 3:30 pm
Location: Toronto I/II

In this session, our experts will discuss the unfortunate trend of the disappearance (and closure) of viable Canadian anchor tenants. like Nordstrom and the Hudson’s Bay Company (HBC), and the significant challenges for the industry as a result. This has forced landlords to re-evaluate their properties and tenant-mix, manage new vacancies, consider novel and unique uses and concepts, including retail-tainment and activity based uses, as well as rethink co-tenancy protections, use restrictions and the value of exclusivity. Complicating matters further, changes to the Competition Act are calling into question whether exclusive covenants remain enforceable—or appropriate at all. This session examines the intersection of these two trends, focusing on how competition law enforcement and policy shifts are affecting exclusivity clauses. The panel will analyze how these converging pressures affect tenant-mix, site selection, lease drafting, negotiations and enforcement. 

MODERATOR 

Jamie Paquin, Partner, Daoust Vukovich LLP, Toronto, ON 

PANELISTS 

Mordecai Bobrowsky, SVP, General Counsel & Corporate Secretary, Primaris REIT, Toronto, ON 

Daniel Jensen, Major Case Director, Competition Bureau, Ottawa, ON 

Thursday April 23, 2026
3:30 pm - 4:30 pm

This hands-on session is essential for landlords, tenants, and legal counsel to understand the powerful changes—and serious risks—in Canadian leasing. We will first provide a vital comparison of methods, exploring the strengths and weaknesses of both traditional manual review (by tenants or managers) and AI-driven analysis. The core discussion then focuses on the ethical pitfalls of technology: Who owns the lease language created by an AI? What are the strict privacy rules under PIPEDA when using AI for tenant screening and data processing? And, crucially, how do we use human oversight to prevent AI from making unfair, biased, or non-compliant decisions? You will leave with a clear, practical guide to help you manage and review leases safely, whether you choose to use a lawyer, a spreadsheet, or an advanced AI tool. 

MODERATOR 

Josh Selby, Partner, Miller Thomson, Calgary, AB 

PANELIST 

Michael Ly, Legal Counsel, JLL, Toronto, ON 

Thursday April 23, 2026
3:30 pm - 4:30 pm

Whether you are in private practice or in-house, tensions will arise when dealing with different parties. When acting for a tenant, you may have information about what clauses and positions worked, or didn’t work, with a particular landlord from another lease negotiation. Is that information confidential? When acting for a landlord, you may be asked to develop a new standard form lease. Can you “borrow” another landlord’s lease? In this Peer-to-Peer session, we will tackle these and other awkward scenarios in small groups with guidance from our esteemed speakers.  

MODERATOR 

Neil Davie, Founding Partner, Sampson Davie Fane Volpiana LLP, Vancouver, BC 

SPEAKERS 

Sheldon L. Disenhouse, Partner, Dentons LLP, Toronto, ON 

Leanne Fasciano, Claims Counsel, LAWPRO, Toronto, ON 

Thursday April 23, 2026
3:30 pm - 4:30 pm

Litigation in commercial leasing isn’t always about being legally “right”. Sometimes the smarter move is knowing when not to go to court. This session focuses on the practical, strategic side of leasing disputes - considering business impact, relationships, reputational concerns, and real-world outcomes. In this interactive, peer-to-peer session, participants will explore how to decide when to litigate and when to resolve disputes outside of court. 

MODERATOR 

Sara Chloé Lemieux, Director, Legal, Choice Properties, Ottawa, ON 

SPEAKERS 

Ian Cantor, Senior Lawyer, RAR Litigation, Oakville, ON 

Liam C. Kelly, Partner, Witten LLP, Edmonton, AB 

Thursday April 23, 2026
5:15 pm - 6:30 pm
Location: Toronto I/II Foyer