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Yan Besner

Yan A. Besner

Partner, Real Estate


Contact Information

ybesner@osler.com

tel: 514.904.5790

Office

Montréal

Areas of Expertise
Bar Admission

Quebec, 2003

Education
  • Université de Montréal, 2015, Juris Doctor
  • Université de Montréal, 2003, D.E.S.S, Common Law
  • Université de Montréal, 2001, LL.B.
Language(s)
French, English

Yan Besner practices real estate, banking and commercial law from the firm’s Montreal office.

Yan represents lenders, property owners, developers and other commercial clients in the financing, development and acquisition of immovable and movable assets. Yan regularly represents national and international retailers and franchisors in the context of their commercial leasing needs as well as institutional entities and developers in the acquisition, disposition and financing of real estate assets.

  • National Tire Distributors Inc.

    National Tire Distributors Inc. in its acquisition of Pneus Supérieurs Inc.

  • Corbeil Électrique Inc.

    Corbeil Électrique Inc., in connection with the sale of substantially all of its business and assets to AM-CAM Électroménagers Inc.

    • Bayer: Advising as Canadian counsel in connection with its US$14.2 billion acquisition of the over-the-counter and consumer personal care business of Merck & Co., Inc.
    • Stonebridge Infrastructure Debt Fund I Limited Partnership and Industrial Alliance Insurance and Financial Services Inc.: Advising in connection with the CA$60 million credit facility to finance the construction of a 10 MW hydroelectric project to be located on the French River in the district of Parry Sound, Ontario. The project is situated on federal Crown lands subject to the Dominion Water Power Act, reserve lands subject to the Indian Act and provincial Crown lands subject to the Public Lands Act and the Provincial Parks and Conservation Reserves Act.
    • Confidential client: Advising in connection with real estate acquisition, disposition, financing and leasing matters, including real estate transactions with franchisees.
    • Confidential client: Advising in connection with retail leasing matters.
    • Confidential client: Representing in the context of an Assumption of Loan in the amount of CA$36 million by 9198 9541 Québec Inc., as purchaser, PricewaterhouseCoopers Inc. acting as receiver of 9145 8794 Québec Inc., as vendor, Société Immobilière SYM Inc. and Quebec Apartment Properties Inc., as guarantors, regarding the sale of, inter alia, an immovable held in co ownership being Phase I of seniors apartment complex known as “Domaine des Forges” and bearing civic number 269 boulevard Sainte Rose in the City of Laval, Province of Québec.
    • Broccolini Construction Group: Advising in its ultimate successful award of two procurement tenders valued in excess of CA$250 million by Public Works and Government Services Canada for the development and construction of two "design build" office towers with an aggregate square footage of 900,000 in the City of Gatineau, including representation at the Canadian International Trade Tribunal and the Federal Courts in relation to various challenges which arose throughout the procurement process.
    • 555 Carrière Holdings Inc.: Advising as special counsel on its CA$50 million acquisition through insolvency proceedings of a single Federal Crown tenant office tower (known as the “St. Laurent Building” and located at 555 de la Carrière, Gatineau, QC), including the financing facility extended by OMERS.
    • Confidential client: Advising on numerous commercial real estate portfolio acquisitions (CA$50 to CA$85 million).
    • Confidential client: Representing in construction loans for the development of residential buildings.
    • Confidential client: Representing in the financing of retail shopping centres (CA$75 million).
    • Confidential client: Representing in tax-structured acquisitions of commercial real estate portfolios and residences for the elderly (CA$10 to CA$40 million).
    • Confidential client: Advising on multiple acquisitions, dispositions, and financings of vacant land, office buildings and retail centres.
    • Confidential client: Representing in the negotiations of retail and industrial leases.
    • Confidential client: Representing with respect to financing of operations of entertainment industry businesses.
    • Confidential client: Representing in the development and sale of residential communities.
  • Find More

Lexpert

  • The Canadian Legal Lexpert Directory, 2016-2019: Property Leasing
  • Lexpert US/Canada Cross-Border Guide, 2015: listed as a Corporate Lawyer to Watch
  • Lexpert Rising Stars: Leading Lawyers Under 40, 2014: Finalist

Best Lawyers

  • Best Lawyers in Canada: Commercial Leasing Law; Real Estate Law

Euromoney LMG

  • Americas Rising Star Awards, 2019: Best in Real Estate (Shortlisted)

  • Co-Chair of the 2019 ICSC Canadian Shopping Centre Law Conference

  • Member of the Program Planning Committee of the ICSC Canadian Shopping Centre Law Conference (since 2017)

  • Member, Development Advisory Council, Farm Aid

  • Member, International Council of Shopping Centers

  • Member, Board of Directors of the Selwyn House School Association

  • Co-Chair of the 2019 ICSC Canadian Shopping Centre Law Conference

  • Member of the Program Planning Committee of the ICSC Canadian Shopping Centre Law Conference (since 2017)

  • Member, Québec Bar

  • Member, Canadian Bar Association

  • Lecturer, Université de Montréal, International Finance, Masters of Laws

  • Author to the chapter, “Landlord’s Rights and Remedies in Quebec: An Overview,” in Landlord's Rights and Remedies in a Commercial Lease: A Practical Guide, Second Edition published by Canada Law Book, 2017.