Business

Banking

Boughton Law’s Banking Practice Group advises both lenders and borrowers on the full spectrum of commercial lending.

Lenders operate under tight timelines and cost pressure. That’s why Boughton Law prioritizes two principles for every transaction we handle: securing the lender and getting the deal done. Our expertise across all types of secured financing arrangements allows you to provide your clients with the financing they need in the time frame that they require.

Our lawyers work with lenders, including some of Canada’s leading banks and credit unions, life insurance companies, pension funds, trust companies, government lenders, public and private corporations, as well as individual lenders, in:

  • Corporate lending
  • Working capital loans/capital loans
  • Project financing/independent power projects
  • Mortgage/real estate financing
  • Mezzanine financing
  • Construction financing
  • Acquisition financing
  • Indigenous lending
  • Ship and aircraft financing

When representing borrowers, we work closely with the lender’s legal counsel to find creative solutions that allow you much-needed flexibility while satisfying the lender’s security needs.

Boughton Law is a part of Meritas®, a global alliance of independent, full service law firms. With access to firms operating in over 230 markets worldwide, we can draw upon the expertise of trusted foreign legal advisors and even provide referrals if needed.

  • Indigenous Banking

    We assist lenders who provide financing to Indigenous Canadians, advising them how best to secure their loans against assets, on and off-reserve, whether held by an Indigenous group directly or through business structures such as a company, a joint venture, a trust or a partnership.

    With our related experience helping Indigenous groups structure their businesses, both on and off-reserve, we can also advise lenders on structuring their financing arrangements with Indigenous customers to minimize the tax impact. Our expert insights can give those lenders a competitive advantage in soliciting Indigenous business.

    Representative Transactions
    Development of financing structures for Indigenous economic development projects.
    Boughton Law Contact: Douglas H. Hopkins

    Represented the lender on a $9 million syndicated loan for a run of the river independent power project owned by Indigenous Peoples.
    Boughton Law Contact: Hugh H. Claxton

    Represented the lender on a $7 million term loan to Indigenous Peoples in northern British Columbia.
    Boughton Law Contact: Hugh H. Claxton

    Represented the lender on $2.7 million revolving credit facility for Indigenous Peoples on Vancouver Island.
    Boughton Law Contact: Hugh H. Claxton

    Represented the lender with a $2.6 million demand loan to Indigenous Peoples.
    Boughton Law Contact: Hugh H. Claxton

    Represented a BC Governmental Agency with respect to a $10 million term loan to Indigenous Peoples.
    Boughton Law Contact: Hugh H. Claxton

    Acted for several Indigenous commercial borrowers on establishing term loan facilities on transactions valued between $1 million to $12 million.
    Boughton Law Contact: Hugh H. Claxton

    Acted on behalf of Indigenous Peoples to obtain financing for commercial buildings on designated lands.
    Boughton Law Contact: Hugh H. Claxton

    Assisted the lender with realization of security over personal property of a company on reserve lands.
    Boughton Law Contact: Hugh H. Claxton

    Assisted the lender with the seizure of assets of non-status borrowers on reserve land and the foreclosure of leases on reserve lands.
    Boughton Law Contact: Hugh H. Claxton

  • Commercial Lending

    We regularly represent banks, trust companies, credit unions, insurance companies, and other institutional lenders in structuring and documenting all types of financing arrangements. These can include

    • Bank Act security financing and land-based lending
    • Banker’s acceptances and letters of credit
    • Facility and commitment letters
    • Guarantees and indemnities
    • Lease-based financing
    • Loan agreements and security documents
    • Operating, revolving and special loans
    • Mortgage security agreements
    • Debentures
    • Trust deeds
    • Bonds and
    • Other types of secured financing.

    We understand the importance of tight timelines and cost-effective advice and support for our clients in commercial lending transactions.

  • Mezzanine Financing

    We can assist lenders in securing subordinated debt and providing mezzanine financing that spans the range between senior debt and common equity.

    With our experience in subordinated debt and mezzanine financing transactions, we can also advise borrowers at the mid-market and entrepreneurial business levels on how to obtain mezzanine financing to fund acquisitions or expansion, obtain refinancing, or pursue other business opportunities.

  • Project Financing

    Boughton Law helps our clients negotiate the complex mix of legal, financial and regulatory issues involved in financing projects like

    • Hotels
    • Airlines
    • Mines
    • Independent power projects
    • Industrial facilities
    • Real estate developments
    • Casinos
    • Vessel construction and
    • Other capital-intensive construction projects.

    We can offer project finance assistance to both lenders and borrowers for complex structures like these.

    Representative Transactions
    Represented Travelers Capital Corporation, Industrial Alliance Insurance and Financial Services Inc. and Desjardins Financial Security Life Assurance Company regarding a $61 million non-recourse project financing for the 16 MW Box Canyon run-of-river hydropower project.
    Boughton Law Contact: Hugh H. ClaxtonRepresented lender in acquisition financing for operating 8 MW hydropower facility.
    Boughton Law Contact: Hugh H. Claxton

    Represented lender in a bridge (construction) financing for a 20 MW hydropower project.
    Boughton Law Contact: Hugh H. Claxton

    Part of the team of law firms advising Parq Holdings Limited Partnership as local B.C. counsel on financing, regulatory and corporate matters.
    Boughton Law Contact: George Cadman, Q.C., Luca Citton, Hugh H. Claxton, and Doug H. Hopkins.

  • Real Estate Financing

    Our team advises lenders who finance the development of real estate projects.

    We have experience in documenting the financing and purchase of commercial buildings, retail centres, multi-unit residential projects, industrial properties, and mixed-use projects. We also advise on the financing of all types of development projects, including commercial developments, single and multi-family residential projects and developments on leasehold properties, and assist clients who lend to all types of borrowers, including corporations, partnerships, limited partnerships and joint ventures.

    We work closely with our clients to ensure that the financing proceeds on a timely basis so that the transaction can close or the project progress on schedule.

    Representative Transactions
    Boughton Law, working together with its MERITAS affiliate, Goldberg Kohn, helped its long-time client, Mesirow Realty Sale Leaseback, Inc. (“MRSL”), acquire three casinos in the Greater Vancouver Regional District in a cross-border sale and lease-back transaction. The properties, which also included two hotels and an office building, were purchased for over CAD $500,000,000. Boughton Law and Goldberg Kohn also represented MRSL in the senior and subordinated financings of the acquisition.
    Boughton Law Contact: Hugh H. Claxton

    $37 million condominium project financing in Vancouver.
    Boughton Law Contact: Hugh H. Claxton

    $39 million CMHC insured construction loan secured by long term lease lands at UBC.
    Boughton Law Contact: Hugh H. Claxton

    Sale of $42 million industrial freezer designer and manufacturer business.
    Boughton Law Contact: Doug H. Hopkins

    Sale of $118 million cablevision company.
    Boughton Law Contact: Doug H. Hopkins

    $40 million condominium project financing in New Westminster.
    Boughton Law Contact: Hugh H. Claxton

    Purchase and financing of $60 million hotel.
    Boughton Law Contact: Doug H. Hopkins

    $30 million mortgage bond refinancing secured by leasehold commercial property in Vancouver.
    Boughton Law Contact: Hugh H. Claxton

    General Counsel to several major auto dealers, including acting in connection with various financings and acquisitions of further facilities and dealerships.
    Boughton Law Contact: Douglas H. Hopkins

    General Counsel to worldwide chemical distributor, including purchase off-shore financing.
    Boughton Law Contact: Douglas H. Hopkins

    $24 million CMHC insured refinancing of downtown Vancouver apartment building.
    Boughton Law Contact: Hugh H. Claxton

    Represented Quebec credit union in $44 million project financing for construction of purpose-built apartment towers in Victoria.
    Boughton Law Contact: Hugh H. Claxton