Bricks, Mortar, and Legal Muscle: Robins Appleby Powers a 66-Unit Affordable Housing Deal

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Overview

The Robins Appleby team – featuring John Fox, Sukhraj Sandhu, and Kimberly Lexovsky- is proud to have acted for Durham Region Non-Profit Housing Corporation (“DRNPHC”) in the successful closing of a major affordable housing development in the City of Oshawa – a deal that reflects the growing need for creative collaboration between public and private sectors to address Ontario’s housing crisis.

DRNPHC is a non-profit housing provider committed to offering affordable, well-maintained rental housing and support services to low- and moderate-income individuals, seniors, and people with disabilities. It partners on development and renewal initiatives, and supports tenant needs through community service networks in order to help address both current housing shortages and long-term community stability.

The transaction included the acquisition of a prime development site from Daniels, a leading Ontario builder, and the execution of a CCDC-14 design-build contract with Daniels to complete the project. But this was far from a simple land deal. The project is being financed through multiple layers of government-backed funding, including Canada Mortgage and Housing Corporation (“CMHC”) and two separate affordable housing loans from the Region of Durham.

We had the pleasure of working alongside DRNPHC, led by the tenacious and irrepressible Tracy Greig, and Daniels, led by Martin Blake, to navigate a range of complex challenges on this exciting project. The fixed-price CCDC-14 design-build contract anchored the construction side of the deal, which also had to uniquely account for the potential impact of recently imposed U.S.-Canada tariffs. On the financing and land acquisition side, our team crafted innovative title and closing mechanics to satisfy lender requirements without compromising DRNPHC’s interests. We also developed interim bridge financing solutions to kickstart site servicing before the purchase closed. Throughout the process, our team helped negotiate affordability covenants, structure subordination agreements between lenders, and coordinate layered financing from both CMHC and the Region of Durham – all while keeping the transaction on track for a smooth close and timely funding.

The result? A transformative development that will bring over 66 three-storey townhouse units to Oshawa, making a real impact on the region’s housing goals. This project is a shining example of what’s possible when smart legal structuring, dedicated housing providers and developers, and committed public partners come together to tackle the housing crisis head-on.