David N. Ross 

Co-Chair, Leasing
Toronto  t: 416.865.7015  |  e: david.ross@mcmillan.ca

David N. Ross

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7015
e: david.ross@mcmillan.ca

overview

David Ross is a partner of McMillan and a member of the firm's Commercial Real Estate Group. He has over 30 years of experience in commercial real property law and specializes in commercial leasing of office, industrial, retail and mixed-use developments. David also practices extensively in the acquisition, development and disposition of all types of real property and does solicitor's work in the construction law area, which includes acting for project owners, developers and construction managers drafting, reviewing and providing advice regarding construction contracts, construction management contracts and other contracts for professional services related to construction.

David's clients include large and small landlords and tenants, corporate and individual real estate investors, developers and operators, financial institutions, trustees and receivers. He has presented papers and been a panellist at continuing education and professional conferences and seminars for the Ontario Bar Association, the Law Society of Upper Canada, ICSC and other continuing education service providers on commercial leasing and transaction related matters, and contributed the chapter "Acquiring the Property" to Construction Law in Canada, LexisNexis, May 2010.

Representative Matters

  • Represented RBC Financial Group in the lease of its 821,000 square foot office facility in Mississauga
  • Represented RBC Financial Group in the Canada wide lease back of its premises when it sold its Canadian office building and data centre portfolio
  • Represented GWL Realty Advisors Inc. in Ontario in its lease to Canadian Imperial Bank of Commerce in the office building portfolio acquired by the British Columbia Investment Management Corporation
  • Represented Royal & Sun Alliance Insurance Company of Canada on the award winning lease transaction (2002 NAIOP Real Estate Excellence Award for Office Lease Deal of the Year) that resulted in its 204,000 square foot office facility located in the former Eaton's store at Sheridan Centre, Mississauga
  • Represented Royal & Sun Alliance Insurance Company of Canada on the negotiation of its new head office lease in downtown Toronto and the related sale of its downtown Toronto head office building
  • Represented Honda Canada on the acquisition of the greenfield site for its new corporate campus project
  • Represented Hershey Canada on the negotiation of its new head office lease and related agreements, including a design services agreement and construction management agreement
  • Represented Becton Dickinson Canada on the negotiation of its new head office lease and related agreements
  • Represented Maprop Investments Limited in the preparation of all leasing documentation and the complete lease-up of its office/retail building on Bloor Street in Toronto
  • Represented Panoramic Hospitality Inc. on the sale of the 227room Radison Hotel & Suites Fallsview, Niagara Falls, Ontario
  • Represented Towertropolis Inc. on the sale of Minolta Tower, Niagara Falls, Ontario, a mixed use hotel, retail and restaurant complex, and the coincident management agreement which it retained
  • Represent HSBC Bank Canada in connection with its office and branch leasing matters throughout Eastern Canada

Presentations

The Old Switcharoo: Advanced Assignments, Subletting and Other Transfer Issues
Negotiating Transfer Provisions
Tenant Transfers
Ground Leases - A Primer

Publications

Limiting Your Indemnity – When the Words are Important
So you want to redevelop your property? Don't forget about those (pesky) tenants
Specific Provisions Required for Leases on Sites that have Development Potential
Being Reasonable: What Does it Mean in a Commercial Leasing Context
Looking Above and Below the Space
Construction Law in Canada
Real Estate Due Diligence: Look (Carefully) Before You Leap
Panelist – Mastering Lease Negotiation: The Top Ten Issues
Panelist – How to Negotiate the Commercial Lease
Clarifying Canadian Landlords' Rights
Construction Liens: A Landlord's Perspective
Real Estate Due Diligence: The Purpose and the Process

News

71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan Highlighted in both Lexpert's Top 10 Deals and Top 10 Business Decisions
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
Terminating Tenancy: Three lease-break clauses that allow for redevelopment
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners

Education

  • Dalhousie University, LLB - 1979
  • University of Western Ontario, BA - 1976

Year Of Call

  • Called to the Ontario bar - 1981

Practices

leasing
real estate acquisitions and divestitures
real estate financing
commercial real estate
development

Industries

commercial real estate
public-private partnerships

Directorships and Professional Associations

  • Canadian Bar Association
  • Ontario Bar Association
  • Law Society of Upper Canada
  • Commercial Real Estate Development Association (NAIOP)
  • International Council of Shopping Centres (ICSC)

Awards & Rankings

  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Real Estate Law
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Property Leasing
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Real Estate Law
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Property Leasing
  • Recognized in Canadian Legal Lexpert Directory 2017 as repeatedly recommended in Property Leasing
  • Recognized as a leading practitioner in Real Estate Law in the Best Lawyers in Canada 2017, 2018
  • Listed as a leading practitioner in Property Leasing in the Canadian Legal Lexpert Directory for 2012, 2013, 2014, 2015 and 2016
vcard

David Ross is a partner of McMillan and a member of the firm's Commercial Real Estate Group. He has over 30 years of experience in commercial real property law and specializes in commercial leasing of office, industrial, retail and mixed-use developments. David also practices extensively in the acquisition, development and disposition of all types of real property and does solicitor's work in the construction law area, which includes acting for project owners, developers and construction managers drafting, reviewing and providing advice regarding construction contracts, construction management contracts and other contracts for professional services related to construction.

David's clients include large and small landlords and tenants, corporate and individual real estate investors, developers and operators, financial institutions, trustees and receivers. He has presented papers and been a panellist at continuing education and professional conferences and seminars for the Ontario Bar Association, the Law Society of Upper Canada, ICSC and other continuing education service providers on commercial leasing and transaction related matters, and contributed the chapter "Acquiring the Property" to Construction Law in Canada, LexisNexis, May 2010.

  • Represented RBC Financial Group in the lease of its 821,000 square foot office facility in Mississauga
  • Represented RBC Financial Group in the Canada wide lease back of its premises when it sold its Canadian office building and data centre portfolio
  • Represented GWL Realty Advisors Inc. in Ontario in its lease to Canadian Imperial Bank of Commerce in the office building portfolio acquired by the British Columbia Investment Management Corporation
  • Represented Royal & Sun Alliance Insurance Company of Canada on the award winning lease transaction (2002 NAIOP Real Estate Excellence Award for Office Lease Deal of the Year) that resulted in its 204,000 square foot office facility located in the former Eaton's store at Sheridan Centre, Mississauga
  • Represented Royal & Sun Alliance Insurance Company of Canada on the negotiation of its new head office lease in downtown Toronto and the related sale of its downtown Toronto head office building
  • Represented Honda Canada on the acquisition of the greenfield site for its new corporate campus project
  • Represented Hershey Canada on the negotiation of its new head office lease and related agreements, including a design services agreement and construction management agreement
  • Represented Becton Dickinson Canada on the negotiation of its new head office lease and related agreements
  • Represented Maprop Investments Limited in the preparation of all leasing documentation and the complete lease-up of its office/retail building on Bloor Street in Toronto
  • Represented Panoramic Hospitality Inc. on the sale of the 227room Radison Hotel & Suites Fallsview, Niagara Falls, Ontario
  • Represented Towertropolis Inc. on the sale of Minolta Tower, Niagara Falls, Ontario, a mixed use hotel, retail and restaurant complex, and the coincident management agreement which it retained
  • Represent HSBC Bank Canada in connection with its office and branch leasing matters throughout Eastern Canada
May 2015
Terminating Tenancy: Three lease-break clauses that allow for redevelopment
Canadian Property Management: GTA & Beyond Magazine
February 2013
Specific Provisions Required for Leases on Sites that have Development Potential
The Six Minute Commercial Leasing Lawyer 2012
Law Society of Upper Canada
February 2012
Being Reasonable: What Does it Mean in a Commercial Leasing Context
The Six Minute Commercial Leasing Lawyer 2012
Law Society of Upper Canada
February 2011
Looking Above and Below the Space
The Six Minute Commercial Leasing Lawyer 2011
Law Society of Upper Canada
May 2010
Construction Law in Canada

Contributing Author, Book, published by LexisNexis

February 2006
Real Estate Due Diligence: Look (Carefully) Before You Leap
Federated Press
September 2005
Panelist – Mastering Lease Negotiation: The Top Ten Issues
Real Leasing Conference – York Communication
May 2005
Panelist – How to Negotiate the Commercial Lease
Osgoode Continuity
May 2004
Clarifying Canadian Landlords' Rights
Excerpt from Counsel to Counsel, Horizon Issues - Real Estate, May 2004
May 2002
Construction Liens: A Landlord's Perspective
Ontario Bar Association
May 2000
Real Estate Due Diligence: The Purpose and the Process
Federated Press
February 2013
The Old Switcharoo: Advanced Assignments, Subletting and Other Transfer Issues
Panellist and Co-Author, ICSC 2013 Canadian Shopping Centre Law Conference
February 2011
Negotiating Transfer Provisions
Breakfast Roundtable, ICSC Canadian Shopping Centre Law Conference
September 2010
Tenant Transfers
RealLeasing Conference - York Communications
March 2009
Ground Leases - A Primer
Breakfast Roundtable, ICSC Canadian Shopping Centre Law Conference