Davies

John M. Ulmer

John Ulmer is a partner and a senior member of the Taxation practice. He regularly advises on tax aspects of international business ventures, corporate finance and real estate transactions. He spent two years from 1993-1995 on secondment to Reichmann International, where he gained considerable experience in structuring real estate ventures in the United States and Mexico. More recently, John has been a pioneer in a number of innovative transactions involving Canadian REITs, and he is currently advising several REITs on compliance with the new REIT legislation.

Representative Work

  • Acted for H&R Real Estate Investment Trust which effected a Plan of Arrangement transferring certain notes issued by H&R (U.S.) Holdings, Inc. (a wholly owned U.S. subsidiary of H&R) in the principal amount of US$125 million to H&R Finance Trust.

  • Acted for Canadian Storage Partners, ULC, a member of the TKG-StorageMart group of companies, in connection with its acquisition of InStorage REIT in a deal valued at $416 million. InStorage REIT owns and operates 57 self-storage facilities in Ontario, Québec, Alberta and Saskatchewan and is a joint-venture partner with respect to four additional self-storage facilities. The acquisition required the consent of lenders holding in excess of $275 million of loans.

  • Acted for Cadim Inc. (a division of Caisse de dépôt et placement du Québec) in connection with its partnership arrangements with Westmont Hospitality Group and Cadbridge Investors LP, and acted for Cadbridge and InnVest REIT in connection with their joint negotiated takeover bid for Legacy Hotels REIT in a transaction valued at approximately $2.5 billion.

  • Acting for IPC Jerusalem Ltd. in connection with the development of The Palace Jerusalem, a member of The Waldorf Astoria Collection, a new five-star hotel in Jerusalem.

  • Acted for Graywood Developments Ltd. in connection with a $65-million offering of Graywood GTA Condominium Limited Partnership by way of a private placement.

  • Acted for Holiday Canada ULC and funds managed by Fortress Investment Group in connection with the refinancing of $620 million of indebtedness on real estate assets.

  • Acting for a syndicate of underwriters led by Canaccord Genuity and National Bank Financial in connection with an initial public offering of HealthLease Properties Real Estate Investment Trust.

  • Acted for Runnymede Development Corporation Limited in connection with the sale of a $91-million portfolio of shopping centres to RioCan Real Estate Investment Trust.

  • Acted as Canadian counsel for Triton Partners, a European based private equity firm, in connection with its US$527-million acquisition of DYWIDAG-Systems International GmbH, a Germany based manufacturer and supplier of building supplies.

  • Acted for MI Developments Inc. in the elimination of its dual-class share structure pursuant to a plan of arrangement under the Business Corporations Act (Ontario).

  • Acted for InnVest Real Estate Investment Trust in connection with its reorganization to become a Qualifying REIT for Canadian federal income tax purposes through the implementation of a "stapled unit" trading structure.

  • Acted for RioCan REIT in its investment in Cedar Shopping Centers Inc. and in its acquisition of seven shopping centers in Massachusetts, Pennsylvania and Connecticut for approximately $220 million.

  • Acted for Woodbourne Investment Management on its provision of a $100-million financing of All Seniors Care Living Centres Inc.

  • Acted for IPC US Real Estate Investment Trust in its strategic process and ultimate sale of its assets to Everclear Acquisition Corporation, a wholly owned subsidiary of Behringer Harvard REIT I, in a US$1.4-billion all-cash transaction.

  • Acted for SCRE Investments Inc. and the Reichmann family as entities affiliated with SCRE Investments completed the sale to Ventas, Inc., a leading U.S. healthcare REIT, of a portfolio of healthcare and seniors' housing properties for $649 million.

  • Acted for IPC US REIT in its acquisition of a preferred equity interest in the 3.5 million square foot Bank of America Center in San Francisco, California.

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Recognition

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  • Recognized in Expert Guides' Guide to the World’s Leading Tax Advisers.
  • Recognized as a leading business law practitioner in the area of Corporate Tax by Who's Who Legal: Canada.
  • Recognized by The Best Lawyers in Canada in the area of Tax Law.
  • Recognized in The Canadian Legal Lexpert® Directory as a most frequently recommended Corporate Tax practitioner and a repeatedly recommended practitioner in Derivative Instruments; also recognized in the Lexpert® Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada in Corporate Tax, and in The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading tax practitioner.
  • Recognized as a highly recommended tax practitioner by PLCWhich lawyer?
  • Recognized in International Tax Review's World Tax: The Comprehensive Guide to the World's Leading Tax Firms, Who's Who Legal: The International Who's Who of Business Lawyers and The International Who’s Who of Corporate Tax Lawyers.
  • Recognized in Chambers Global: The World's Leading Lawyers for Business as one of the leading individuals in Canadian Corporate Tax law.

Professional Affiliations

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Canadian Tax Foundation

International Fiscal Association

Board Memberships

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  • Chairman of the Board, Graywood Developments Ltd.

Community Involvement

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  • Director, The Jewish Foundation of Toronto

Teaching Engagements

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Speaking Engagements

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John spoke on "Financially Distressed Companies - The Canadian Perspective" at the 2009 Annual Conference of the USA Branch of the International Fiscal Association.

Articles and Publications

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John speaks and writes widely on tax matters for the International Fiscal Association, the Canadian Tax Foundation and private organizations. He was a contributing editor of Corporate Finance (published by Federated Press). He was appointed the Canadian National Reporter for the 2000 Congress of the International Fiscal Association on the topic "Tax Treatment of Hybrid Financial Instruments in Cross-border Transactions".

John Ulmer
John Ulmer
Partner
Office:
Toronto
Tel:
416.863.5505
Email:
julmer@dwpv.com
Bar Admissions:

Ontario, 1980

Education:

Harvard Law School, LL.M., 1979

Osgoode Hall Law School, LL.B. (Gold Medallist), 1977