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40 www.canadianlawyermag.com "We are now negotiating terms and conditions that we didn't have to previously consider, or didn't have visibility or access to, and this means being nimble and creative as we deal with new issues" Bavia Bisetty, Osler requires a new legal lens," says Pegoraro. Having joined the REIT recently, Pegoraro focuses on building relationships with business teams. Together with general counsel Kimberley Graham and external counsel partners, she is preparing to launch a legal education seminar series in the fall. The company will invite all employees of the REIT to participate in learning about and asking questions relating to lease forms and administration. "We're hoping it will provide an open forum for discussion and really connect different departments," says Pegoraro. She and the small legal team also focus on streamlining the document collection and organization process. "As the REIT has grown in recent years, in terms of both properties and employees, it has become increasingly important to ensure that we have a fast method of collecting legal documents and managing them," says Pegoraro. She anticipates increased interest in commercial real estate companies' environmental, social, and governance (ESG) matters. CT REIT is currently constructing its first net-zero distribution centre in Calgary, and Pegoraro expects the 350,000 sq ft centre to resonate with tenants with their own sustainability objectives and initiatives. ESG is also top of mind at First Capital REIT, so the legal department is supporting the business in its goal to integrate it into every aspect of the company. "Legal plays a very critical role in ensuring that we're reporting on everything from the design and construction of our properties to the mix of tenants and retail offerings to the biodiversity of our sites, and ensuring that we have publicly accessible green spaces," says Alison Harnick, senior vice president, general counsel and corporate secretary at First Capital. Tenant relations are at the forefront for the legal team at First Capital, so Harnick and her team collaborate with the leasing development and construction teams to ensure that new tenants are in a position to occupy space as soon as possible and to ensure seamless transitions of tenants. According to Harnick, the importance of the legal team supporting tenant relations has been amplified in the past two years. "Our portfolio is actually stronger now than prior to the pandemic, and the role that legal has played in ensuring that the terms are in place for that success has been critical," says Harnick. "We focus on supporting our internal teams to ensure that our tenants are in the right place to succeed." For tenants forced to close during pandemic lockdowns, Harnick's team negotiated terms and provided tools to help them succeed and strengthen their position when they re-opened. For example, the legal team helped develop a support program for small businesses. They worked with independent restaurant operators to help them connect with food delivery and ordering services typically reserved for national chains. "All of that work has really put us back to a business-as-usual position in the sense that our leasing activity has resumed at normal or in excess of pre-pandemic activity," says Harnick. The legal department at First Capital is currently working on a project that will enable data to be extracted from its leases for automated tests, creating a wholly integrated database with other departments to provide accurate and easily accessible information. Harnick maintains a positive outlook, as tenants at First Capital are in a stronger position than in pre-pandemic times. "The mix of necessity-based tenants in our portfolio sets a good tone for the future and has put us in a position of strength going forward," she says. FEATURE COMMERCIAL REAL ESTATE