Harvey M. Haber

 

Partner

Q.C., J.D., LSM, IMI Certified Mediator, DSA, C. MED., C. ARB., B.A.

Helpful Commercial Leasing Tips Blog: http://harveyhaber.wordpress.com/

 

Harvey M. Haber is a Senior Partner at GSNH LLP and is one of the foremost experts specializing in all legal aspects of commercial leasing, backed by more than 40 years of experience. He is named as one of Canada’s most frequently recommended property leasing lawyers by the Canadian Legal LEXPERT Directory and listed in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.

Harvey’s reputation as being fair and knowledgeable has led landlords, tenants and lawyers to request him for their cases. He has the ability to successfully manage the varied interests of landlords and tenants with his detailed knowledge and extensive experience within commercial leasing. He provides counsel and strategic advice to them in the commercial, industrial, retail and warehouse leasing field.

He is well-renowned for his mediation, arbitration and his experience in alternative dispute resolution (ADR). He forms part of Team Resolution, a group that specializes in ADR, where each member of the team provides specialized legal experience. Harvey is both a chartered mediator and a chartered arbitrator in every field including commercial leasing.

As mediator, Harvey’s role is to bring the parties together to settle the matter. He develops instructions to map out how the mediation will be conducted, and then he allows the lawyers present their cases and have the clients speak as well. Following that, he acts as the mediator by going back and forth to help settle on a figure to avoid litigation.

He has written and edited numerous commercial leasing books and articles, and has also lectured across Canada and the US on a wide range of related commercial leasing topics. He has also received several prestigious awards in recognition of his contributions to the legal profession and the field of commercial leasing and was appointed as a Queen’s Counsel by the Province of Ontario.

Harvey has served as Editor in Chief of one the most notable books in the commercial leasing industry: Shopping Centre Leases, first published in 1976 and reprinted in 1982 (Note: The royalties of $5000 from volume 1 were donated to The Law Society of Upper Canada for a Scholarship in the Ontario Bar Admission Course), with a second edition published in 2008. The book is a compendium of articles written by 41 commercial leasing practitioners across Canada.

Harvey has developed a reputation as a well-spoken and knowledgeable lecturer, panelist, chairperson, course leader and keynote speaker, based on his ability to discuss a wide range of topics related to legal commercial leasing issues. He has spoken at numerous conferences, presentations, roundtable discussions and other events across Canada and the US,

including The Law Society of Upper Canada, the Canadian and Ontario Bar Associations, The Retail Council of Canada, the International Council of Shopping Centers and The American Bar Association.

“As a commercial leasing lawyer, Harvey is the ‘eminence grise,” stated Lisa Borsook, Managing Partner, WeirFoulds LLP. “His curiosity and enthusiasm about his practice area has never waned. He continues to attend most of the seminars and conferences that are held in the practice area, whether as a speaker or as an audience member. I can tell you that

if you are sitting on the podium, and Harvey asks you a question, you had better be on top of your game in responding.”

Perhaps most impressively, Harvey learned his lecturing skills from the late Milton R. Friedman, one of the foremost educators and authors in the United States on commercial leasing. He helped Harvey to develop a style that has made him in demand as a speaker and expert in commercial leasing legal issues.

Harvey’s practice includes:

• Retail, Office & Industrial Leasing (including leasing issues relating to Bankruptcy, Insolvency and Franchising);
• Lease Interpretation; and
• Mediation and Arbitration.

Recognition and Legal Rankings:

Harvey has been recognized for his achievements and experience in the commercial leasing industry for the following:

• The prestigious Osgoode Hall Law School Alumni Gold Key Award for exceptional professional achievement in his field (2005);
• The Law Society Medal for outstanding service that reflects the highest ideals within the legal profession – The Law Society of Upper Canada’s highest honour (2002);
• The Award for Distinguished Service – the Ontario Bar Association’s top honour (2000);
• Named as one of Canada’s most frequently recommended property leasing lawyers by the Canadian Legal LEXPERT Directory
• Listed in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada;
• International Mediation Institute Certified Mediator;
• Roster Mediator, Ontario Mandatory Mediation Program – Toronto;
• Chartered Mediator;
• Chartered Arbitrator;
• Former Member of the Alternative Dispute Resolution Section of the Ontario Bar Association;
• Guest lecturer for The Law Society of Upper Canada, the Canadian and Ontario Bar Associations and the International Council of Shopping Centres;
• Appointed a Queen’s Counsel by the Province of Ontario December 27, 1978; and
• President, Sir John A. Macdonald Foundation Inc.

Current Association Memberships:

• Law Society of Upper Canada
• Ontario Bar Association
• Canadian Bar Association
• Metropolitan Toronto Lawyers Association
• International Council of Shopping Centres

Speaking Engagements:

• Roundtable Leader – International Council of Shopping Centers – “Helpful Commercial, Industrial & Office Leasing Hints” – February 24, 2011, Toronto;
• Chairperson – The Six Minute Commercial Leasing Lawyer 2011 – February 16, 2011;
• Roundtable Leader – International Council of Shopping Centers – “Helpful Commercial Leasing Hints” – February 25, 2010, Toronto;
• Co-Speaker – Canadian Institute “Commercial Leasing Agreements: Practical Hints – February 25, 2010, Toronto;
• Chairperson – Winterfest 2009 – “Commercial Leasing in a Challenging Economy: Strategies, Issues and Techniques” – December 2, 2009, Toronto;
• Chairperson – BLJC Real Estate Services Inc. – “Commercial Leasing from a Tenant’s Perspective” – October 29, 2009, Toronto;
• Chairperson – “Real Leasing” – “Relocating Tenants – Office and Retail” – September 17, 2009, Toronto;
• Chairperson – “Springfest” – “Hot Trends and Current Issues in Office, Industrial and Retail Leasing” – April 1, 2009, Toronto;
•  Guest Lecturer – The Law Society of Upper Canada, Department of Continuing Education, Ontario:
• The Six Minute Commercial Leasing Lawyers – Topic  – “Helpful Commercial Leasing Hints”;
• February 11, 2009, Toronto;
• Chairperson – “Springfest” – “Hot Trends and Current Issues in Office, Industrial and Retail Leasing” – April 19, 2008, Toronto;
• Guest Lecturer – “Ground Leasing & Helpful Commercial Leasing Hints” – Department of Justice, Edmonton, Alberta – March 12, 2008;
• Roundtable Leader – International Council of Shopping Centers – “Helpful Commercial Leasing Hints” – Toronto, March 6, 2008;
• Panelist – Ontario Bar Association – “Remedies Fast Forward” – “Distress” – October 31, 2007, Toronto;
• Chairperson – Ontario Bar Association – “Hot Topics in Commercial Leasing” – October 16, 2007, Toronto; and
• Chairperson – Springfest 2007 – “Hot Trends and Issues in Office Industrial and Retail Leasing” – April 13, 2007, Toronto.

Author of:

“The Commercial Lease: A Practical Guide, (4th Edition).” (2004);

“Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide.” (1996);

“Understanding The Commercial Agreement To Lease (2nd Edition).” (2006);

Harvey has written numerous articles for manuals, journals and newsletters related to the commercial leasing industry, such as the the Retail Law Strategist, The Real Estate Investor and Commercial Lease Law Insider; and

Co-Author of Giving Thanks – Graces for Every Occasion.

Editor :

“Shopping Centre Leases – Second Edition.” (2008);

“Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide.” (2002);

“Distress: A Commercial Landlord’s Remedy.” (2001);

“Tenant’s Rights and Remedies in a Commercial Lease: A Practical Guide.” (1998); and

Editor-in-Chief “Shopping Centre Leases.” Volumes 1 (1976) and 2 (1982).

Speaking Engagements:

Harvey has been the guest lecturer for many organizations including:

• The Law Society of Upper Canada
• The International Council of Shopping Centres
• The American Bar Association
• The American Practicing Law Institute

Volunteer Activities:

• Member of the International Advisory Board of Ethicscan Canada Limited since 1988. The Board’s purpose is to provide information services related to consumer and corporate ethics in Canada;
• President, Sir John A. Macdonald Foundation Inc. 1980 to date – the Foundation’s purpose is to make Canadians aware of the accomplishments of Canada’s first Prime Minister and Chief Architect of Confederation. Harvey has for a number of years, travelled from school to school in Ontario to promote a day to honour Canada’s first Prime Minister;
• Member of the Board of Governors of Beth Tikvah Synagogue, North York, Ontario, 1966-1986;
• President, Ontario Men’s ORT (Organization for Rehabilitation through Training), 1983-1984;
• Toronto Chairman, Institute of Holocaust Studies for Bar-Ilan University (Israel) 1983-1984;
• Member of the Ontario Regional Executive Committee, Canadian Jewish Congress, 1983-1984;
• President and Chairman of the Board, Toronto Chapter, Canadian Friends of Bar-Ilan University (Israel) 1981-1983;
• Director, United Synagogue Day School, 1977-1979;
• Director, World Council of Synagogues, 1977-1979;
• Vice-President, parent body of The United Synagogue of America, 1975-1979;
• President, Ontario Region of the United Synagogue of America, 1975-1979;
• Worshipful Master, Mount Sinai Masonic Lodge No. 522, Toronto, 1972;
• Founding President of Beth Tikvah Synagogue, North York, Ontario, 1966-1968; and
• President, Ontario Region, Canadian Mogen David Adom (Israeli Red Cross).

Personal Interests:

Autograph collecting specializing in Canadian Prime Ministers.