Selected Experiences
February 2012
Advised Rubicon Minerals as it entered a purchase agreement with a syndicate of underwriters co-led by GMP Securities L.P. and TD Securities Inc.
January 2012
Represented the College of Registered Nurses of British Columbia
January 2012
Represented the College of Psychologists of British Columbia
January 2012
Represented the College of Registered Nurses of British Columbia
December 2011
Acted for Royal Gold, Inc. and its Swiss subsidiary RGLD Gold AG, in its negotiation of a gold and silver purchase agreement with Chieftain Metals Inc.
November 2011
Represented Canacol Energy Ltd. as it completed the acquisition of approximately 96% of the issued and outstanding shares of Carrao Energy Ltd. payable in common shares of Canacol.
November 2011
Represented INPEX Corporation in its acquisition of 40% working interest in Nexen Inc.’s gas-rich shale properties in the Horn River, Cordova and Liard basins in northeast BC.
November 2011
Acted for Canfor Corporation in an agreement with Montreal-based Tembec Industries Inc. to purchase all of Tembec's British-Columbia solid wood assets consisting of two sawmills located in Elko and Canal Flats and associated forest tenures for $60 million, including working capital.
November 2011
Acted for Jipangu International Inc. in the clossure of a US$35 million gold monetization loan transaction from Waterton Global Value, L.P.
October 2011
Representing Board of Directors in CCAA proceedings
August 2011
Represented the College of Registered Nurses of British Columbia
July 2011
Represented Rubicon Minerals in subscription agreement with Agnico-Eagle Mines under which it will make a strategic investment of $70 million.
June 2011
Acted for Brookfield Infrastructure Partnerships Quinte to design, build, finance and maintain a new Quinte Consolidated Courthouse in Ontario worth $270 million
June 2011
Acted for Far West Mining
March 2011
Acted for New Millennium Capital in deal expected to have capital cost in excess of $5 billion.
February 2011
Set aside the improper valuation of an estate
January 2011
Lead counsel representing an Alberta based brewery in the conversion from an income trust to a dividend paying corporation
December 2010
Acted for Century Services Inc. before the Supreme Court of Canada, where for the first time, the Court has considered the CCAA, determining the CCAA and not the Excise Tax Act provides the rule with respect to the priority of unremitted GST.
December 2010
Represented the College of Registered Nurses of British Columbia
October 2010
Advised the Special Committee of Western GeoPower
June 2010
Represented First Capital Realty Inc.
June 2010
Represented Visualsonics, a Toronto-based company with high-frequency ultrasound technology, in its sale to SonoSite for $80 million.
June 2010
Advised Chariot Resources in British Columbia in acquisition by China Sci-Tech
May 2010
Represented the College of Registered Nurses of British Columbia
April 2010
Represented the College of Registered Nurses of British Columbia
April 2010
Acted for B2L Partnerships in the Alberta Schools Project Phase II, a Public-Private Partnership (PPP) with the government of Alberta, to design, build, finance and maintain 10 state-of-the-art schools.
April 2010
Represented the College of Registered Nurses of British Columbia
April 2010
Advised various management investors in connection with the formation of the new limited partnership, credit facility and acquisition in addition to other banking matters
March 2010
Represented the College of Registered Nurses of British Columbia
November 2009
Represented women sk jumpers, on a pro bono basis, in their challenge to their exclusion from the 2010 Olympic Games
November 2009
Acted for Rubicon Minerals Corporation in its bought deal equity financing of common shares and subsequent "overnight" secondary offering of common shares.
November 2009
Member of the counsel team representing an Alberta-based oil and gas corporation in the $89,000,000 acquisition of heavy oil assets from a major Canadian based oil and gas corporation.
October 2009
Successfully obtained a $25 million grant from the Government of Alberta to turn forestry waste into clean electricity.
May 2009
Represented the Institute of Chartered Accountants of British Columbia
March 2009
Set aside an unwarranted award of punitive damages against an employer
November 2008
Davis LLP was instrumental in negotiating, on behalf of the Kwadacha and Tsay Keh Dene First Nations, Agreements-in-Principle with the BC Hydro and Power Authority and the Province of British Columbia for the resolution of issues and claims relating to the flooding of First Nations' traditional lands
Alberta-based acquiror purchase of an internationally-recognized ski resort
October 2008
Represented an Alberta-based acquiror in the purchase of an internationally-recognized ski resort.
International oil and gas corporation $500 million plan of arrangement acquisition by a US corporation
October 2008
Represented an international oil and gas corporation on the $500 million plan of arrangement acquisition by a US corporation.
September 2008
Advised BBPP Alberta Schools Limited in largest-ever Canadian schools PPP transaction and Alberta's largest social infrastructure PPP
McCoy Corporation short form prospectus public offering for gross proceeds of $50 million
June 2007
Acted for McCoy Corporation with respect to a short form prospectus public offering for gross proceeds of $50 million.
May 2007
Represented Wienerberger AG in the acquisition through its wholly owned subsidiary General Shale.
May 2007
Represented the College of Dental Surgeons of British Columbia
February 2007
Defended a municipality against allegations of misfeasance in public office and negligence
February 2007
Acted for Bilfinger Berger BOT Inc. in respect of all aspects of the Calgary Ring Road Project in Calgary, Alberta.
February 2007
Represented John Laing plc
Alberta oil and gas corporations acquisition by an Alberta oil and gas trust
February 2007
Lead counsel representing one of the Alberta oil and gas corporations acquired by an Alberta oil and gas trust.
November 2006
Acted for Canfor Pulp Limited Partnership's private placement of US$110 million of unsecured notes to institutional investors in the United States, and $75 million unsecured revolving credit facility
June 2006
Represented the AirSource's independent liquidity committee in Algonquin Power Income Fund's acquisition of AirSource Power Fund I LP in a transaction valued at approximately $210 million.
AirSource Power Fund LP sells the 100MW St. Leone Windpower Project for $140 million.
June 2006
Acted for AirSource Power Fund LP in its sale of the 100MW St. Leone Windpower Project in Manitoba to Algonquin Power Income Fund.
October 2005
Represented Yukon Energy Corporation in a proceeding before the Yukon Utilities Board
July 2005
Acted as counsel to SNC-Lavalin Inc. with respect to all aspects of the RAV Project in Vancouver, B.C., and its U.K. bank financing.
January 2005
Established the liability of an amalgamated company for historic pollution
December 2004
Represented the Institute of Chartered Accountants of British Columbia
November 2004
Represented Harman International Industries, Inc., a large U.S.-based international, publicly-traded company in the acquisition of QNX Software Systems Ltd.
September 2004
Defended an employer against an unjustified human rights complaint
June 2001
Acted for an international banking syndicate led by Bank of Montreal in the establishment of a construction financing facility for Highway 407 International Inc. in connection with the Highway 407 private highway project in Toronto Ontario
November 2000
Represented Open Learning Agency in an action for severance in compensation for inadequate notice given of dismissal
June 1997
Represented Board of Trustees of District No. 46 (Sunshine Coast) in a matter concerning the dismissal of a teacher
Advised Intelligent Energy Ltd. (IEL) as it established a 50-50 joint venture with Suzuki Motors to produce fuel-cell power systems for electric vehicles.
Alberta Corporation $4.2 million financing
Lead counsel acting for an Alberta Corporation in the $4.2 million financing placed by Desjardins Securities Inc., Research Capital Corporation and Union Securities Ltd.
Alberta-based oil and gas corporation $89 million acquisition of heavy oil assets from a major Canadian based oil and gas corporation and the related $52 million subscription receipt offering
Lead Counsel representing an Alberta-based oil and gas corporation in a $89 million acquisition of heavy oil assets from a major Canadian based oil and gas corporation and the related $52 million subscription receipt offering.
Acted for Solana Resources Limited in closing a $42 million short form prospectus common share offering.
Acted on the purchase of the Mount Holberg Wind Energy Project in British Columbia
Detroit Thomas Edison and John Hancock Financial advised on legal aspects pertaining to the establishment, construction and operation of a 85MW biomass power plant
Advised Detroit Thomas Edison and John Hancock Financial on all legal aspects pertaining to the establishment, construction and operation of a 85MW biomass power plant in British Columbia in connection
Acted for Rio Tinto in its pursuit of certain assets of the Canadian nickel company, Inco (2006).
Acted for BICC Phillips Inc. on its going private transaction.
Acted for Bank of America Canada on offering of units linked to offshore investment company advised by Chesapeake Capital Corporation.
Acted for Brick Brewing Co. Limited on numerous acquisitions, financings and business initiatives.
Acted for Canacol Energy Ltd. on short form prospectus offerings of $100 million total value of common shares and convertible debentures.
Acted for Public Sector Pension (PSP) Investment Board on private equity co-investment.
Acted on the take-over bid defense team for Clarington Corporation and its subsequent sale to Industrial Alliance.
Acted for the issuer in underwritten private placement offering of $190 million of senior bonds for financing of new Ontario Forensic Services and Coroner's Complex as part of PPP infrastructure project.
Acted for Canacol Energy Ltd. in raising $57,500,288 through a bought deal prospectus offering with a syndicate of underwriters, including the underwriters' exercise of their over-allotment option.
Diana Dorey, Monika Gehlen and Blair Shaw won an important procedural battle in the Court of Appeal
Participated in lengthy and complex litigation involving the failure of steel members in a 1,200 tonne stacker-reclaimer
Represented clients in M&A transactions, joint-venture transactions and other corporate matters.
Acted as counsel to SNC-Lavalin Inc. on William R. Bennett Bridge Project (also known as the Okanagan Lake Bridge Project), a DBFM project for a new bridge currently under construction alongside the existing bridge.
Lead counsel
Quebec counsel for the guarantor
Counsel to a Montreal-based manufacturer of construction products-material with respect to a $105 Million (CDN) credit facility by a syndicate of Canadian lenders, involving the granting of security in most Canadian provinces
Lead counsel to Atis Group Inc. in connection with its acquisitions.
Counsel in Court of Appeal case establishing obligation to exhaust internal remedies at the Workers' Compensation Appeal Tribunal
Acted as counsel for the Vancouver Coastal Health Authority in the constitutional litigation before the British Columbia Court of Appeal and the Supreme Court of Canada
Counsel for the plaintiff in a family compensation action against an heli-ski operator and guide.
Counsel for Philip Morris in the defence of action brought by the Province of British Columbia against members of the tobacco industry to recover health costs arising from use of tobacco products.
Counsel for the defendant in an action alleging negligent misstatement on a credit enquiry by the plaintiff.
Co-counsel for the defendant, Lac D'Amiante du Quebec Ltee., in a representative action brought by a worker allegedly suffering from an asbestos-related disease.
Counsel for the defendants in an action alleging negligent preparation of financial statements, fraudulent and negligent misrepresentation.
Counsel for the plaintiff in an action claiming breach of confidence against the defendant.
Counsel for the Canadian Imperial Bank of Commerce in an action where the plaintiff was seeking damages for the wrongful appointment of a receiver and fraudulent misrepresentations made by a manager of the bank.
Counsel for the dissenting shareholders in a takeover bid under the Canada Business Corporations Act.
Counsel for the plaintiffs in family compensation action where the deceased, a computer genius, was a passenger in a charter aircraft which disappeared on a trip between Campbell River and Smithers, British Columbia. The aircraft has never been located.
Counsel for the plaintiff in a family compensation claim where the deceased, a qualified ski instructor, died from injuries when he skied off the groomed run at a ski resort.
Counsel for the plaintiff who was rendered paraplegic in a fall. The plaintiff, had been attending Oktoberfest celebrations at B. C. Place with some friends.
Acted for PricewaterhouseCoopers Inc. the Court-appointed Monitor in the Interact companies' unsuccessful Companies' Creditors Arrangement Act proceedings
Represented PricewaterhouseCoopers in their role as court-appointed Monitor in Companies' Creditors Arrangement Act proceedings commenced with respect to NEMI Northern Energy & Mining Inc.
Acting as co-counsel to a municipality, and successfully opposing the granting of Planning Act and Aggregate Resources Act approvals for the development of a below-water table bedrock quarry.
Acting on behalf of a shareholder group to enforce a Unanimous Shareholders Agreement
Directed the acquisition by a U.S.-based company of two Canadian companies involved in the document records storage and retrieval business and the subsequent investment in one of these businesses by a Canadian labour-sponsored investment fund.
National franchisor establishment of separate entities to manage advertising revenues
Advising a national franchisor regarding the establishment of separate entities to manage advertising revenues contributed by the franchisor and is franchisees.
Acting for a Mexican-based steel fabricator and distributor in establishing a Canadian subsidiary to expand its market into Canada and globally.
Canadian aspects of share transactions
Assisting US counsel on the Canadian aspects of share transactions, wherein Canadian subsidiaries were being acquired as part of an international transaction.
Non-resident owners and lessors of aircraft to Canadian tour operators and charter parties and securing these aircraft
Acting for non-resident owners and lessors of aircraft to Canadian tour operators and charter parties and securing these aircraft.
North American supplier of building materials establishes an online financing program
Acting for a North American supplier of building materials in establishing an online financing program for its distributors and customers.
Hong Kong company sale of a hotel in Toronto to the University of Toronto
Representing a major Hong Kong company in the sale of a hotel in Toronto to the University of Toronto for use as a student residence.
Representing the building-materials' supplier in its financing by a mezzanine lender.
Acting for a U.S.-based distributor of bibliographic materials and management systems to acquire and establish businesses in Canada including filings with Heritage Canada, Investment Canada and other matters relating to establishing a business in Canada.
Japanese-based software developer of video products establishes a business in Canada
Acting for a Japanese-based software developer of video products in establishing a business in Canada including filing with Investment Canada and managing the ongoing employment and financing of this business.
Dundee Securities Corporation $10,500,000 debenture financing of Saskatchewan-based public industrial minerals corporation
Member of the counsel team acting for Dundee Securities Corporation in the $10,500,000 debenture financing of a Saskatchewan-based public industrial minerals corporation.
Public Ontario corporation $40 million plan of arrangement acquisition and spin-out
Lead counsel representing a public corporation on the $40 million plan of arrangement acquisition and spin-out by a public Ontario corporation.
Private oil and gas corporation $40 million plan of arrangement acquisition
Representing a private oil and gas corporation on the $40 million plan of arrangement acquisition by a by a public Alberta oil and gas corporation.
Acting as lead counsel defending a multinational corporation in several jurisdictions on a multi-million dollar product liability claim.
Defending a major Canadian investment firm in a large, multi-party lawsuit concerning investor losses arising from the failure of a real estate limited partnership.
Successfully defending a Franco-Liberian commercial shipping company in litigation related to aircraft financing partnerships with a German bank and a Netherlands Antilles company.
Acting for Corporate Trustees in the Channel Islands in a successful pursuit of assets invested in defunct Gibraltar and UK mezzanine finance lending vehicles.
Acting for parties to First Nation joint ventures to perform infrastructure work on power projects
Advising employers on workplace investigations
For example, the investigation of certain unionized employees suspected of drug sale and use on and off work premises; or the investigation of an employee alleged to have inappropriately touched children.
Acted for Japanese gold fund, Jipangu Inc., in the issuance of $115 million of debentures exchangeable for common shares of Cambior Inc. (2004)
Acting for a bidding consortium on the Bridgepoint Hospital project in Toronto
Acting for Carillion Secure Solutions on a PPP to design, build, finance and maintain a new Forensic Services and Coroners' complex in Toronto, Canada.
Counsel for the defendants in an action alleging negligent preparation of financial statements, fraudulent and negligent misrepresentation
Counsel in a suit against a pharmaceutical company as a result of a stroke suffered by the plaintiff following ingestion of the defendant company's drug.
Finn v. Finn [1983] A.J. No. 869
Acted for a first nations consortium in securing the rights for a new hydro electric line in Northern Ontario.
Acted for First Capital Realty Inc. (TSX:FCR) (2009) in connection with a three-year, $450 million secured revolving credit facility with a syndicate of 10 banks jointly led by RBC Capital Markets, TD Securities and BMO Capital Markets.
Kevin Wright and Morgan Burris succesfully defended an appeal that sought to reverse an order the Davis team obtained from the Federal Court striking out a patent infringement action.
Acted for a former senior executive and shareholder of an investment fund management company
Acted for a food importer in restructuring its business
Acted for a major Japanese corporation with respect to the design of hydro generation turbines
Acted for a Yukon construction company and a B.C. forestry company
Acted for a major port authority with respect to a variety of construction and engineering claims
Acted for chargecard issuers in recovery of several major fraud losses
Acted for an auto industry financier in realizing security over major dealerships and leasing companies
Acted for an energy distribution, supply and service company engaged in a private arbitration pertaining to a force majeure clause contained in a power purchase contract
Acted for an insolvent manufacturer in its CCAA application
Acted for corporate clients in legal actions involving trade-mark infringements, grey marketing issues and "passing off"
Acted for receiver and secured creditor in realization of assets of a major medical industry company operating across Canada and USA
Acted for one of Alberta's leading construction contractors in respect of the design and construction of 300,000 square feet of warehouse facilities.
Acted for the trustees of a major health and benefits plan with respect to the interpretation and variation of a trust
Acted for the Petroleum Equipment Suppliers Association in contributing a B.C. Builders' Lien Act summary to the 2003 publication entitled "Summaries of Canadian Lien Law Legislation"
Acting for the U.S. and German-based purchaser of a B.C.-based software company and an Ontario high tech company
Acting for the successful proponent in relation to the North East Stoney Trail project in Calgary
Acting for the successful proponent in relation to the North West Anthony Henday Drive project in Edmonton, Alberta
Acting on behalf of North America's largest provider of funeral, cremation and cemetery services in land acquisition, disposition and development transactions
Acting on the sale of a 50% interest in a U.S. wood products corporation
Acting on the sale of an information technology division of a large Canadian corporation
Davis LLP acted as advisor to Adulis Resources of Calgary in completing a placing and sale of 18,181,000 common shares
Advised a Canadian manufacturing company on distribution agreements with Chinese distributors
Advised a Canadian oil and gas services company in its business structuring and operational matters in China.
Advised a major waste management corporation in respect of a purchase of land in Alberta for the establishment of an integrated waste management facility on a greenfield site northeast of Edmonton
Advised a renewable energy project proponent on the treatment of environmental attributes in a power purchase agreement as part of the negotiation of that agreement
A member of team advising a short-listed bidder on the Evergreen Line rapid transit project connecting Coquitlam to Vancouver, British Columbia (current)
Advised an international client in connection with its successful acquisition of an equity interest in a utility-scale wind farm in Ontario
Advised a Canadian company on issues like Chinese foreign currency regulation and the employment contract law.
Advised in a matrimonial dispute involving Korean couple married for 13 years immigrated to Canada.
Advised equipment suppliers and project developers as they established new businesses related to the Ontario Power Authority's Feed-in Tariff program
Advised Harrison Hydro Finance Inc. on the $518-million bond issue in relation to the financing of a run-of-the-river developer
Advised in respect of matrimonial dispute involving a 24-year marriage and assets including several companies and trusts.
Advised a leading insurance company in relation to whether a brownfields clean-up was carried out negligently by an environmental consultant
Advised on dissolution of a 15-year marriage, the husband moved to Hong Kong.
Advised on dissolution of a ten-year marriage, spousal support was paid by the husband for over 20 years during which time the husband's income increased substantially and the wife did not obtain employment and developed a mental illness.
Advised West Kootenay Power Ltd. and Utilicorp in the negotiation of a 60-year power purchase agreement with Columbia Power Corporation and Columbia Basin Trust
Member of counsel team advising a client with respect to its rights under the international treaties governing water flow in the Kootenay and Columbia River systems.
Advised a life sciences corporation in relation to potential disposals and providing general corporate advice
Advised a Las Vegas corporation in its dispute arising from the sale of Internet advertising
Advising a London-based private bank in resolving potential claims related to assets held on trust for the estate of a prominent Anglo-Armenian businessman.
Advising a Somali-Djiboutian transport firm regarding a high-profile dispute with the World Food Programme concerning the delivery of food aid in Somalia.
Advising a national pension fund on how to conduct an internal investigation of employees and suppliers suspected of being involved in fraudulent procurement practices
Advising a water/wastewater utility company in relation to various infrastructure development projects
Advising Brascan Corporation (now known as Brookfield Asset Management) on the acquisition of Weyerhaeuser Company Limited's British Columbia coastal business for approximately C$1.2 billion
Acting for an agricultural feed distributor in the acquisition of a company in a related business
Alberta (Director of Child Welfare) v. B.H. [2002] A.J. No. 356
Acted for the Vendor in the recent negotiation and completion of Alberta Emissions Performance Credits purchase and sale transaction
Alberta Court of Appeal - Mitten v College of Psychologists case.
Alberta lawyers as defendants in litigation related to professional negligence
Acting for shareholders who tendered shares pursuant to a takeover bid circular of an oil and gas issuer which alleges statutory liability for takeover bid circular misrepresentation pursuant to the provisions of the Securities Act
Appointed by the Court of Queen's Bench of Alberta to represent 63,000 investors in the failed Principal Group of Companies involving court hearings, appeals, and one of the longest inquiries conducted in the province
Arena v. Hing [1984] A.J. No. 60
Assisted counsel in providing advice to testators and executors in estate matters
Assisted an aboriginal group with their application to the National Energy Board for intervenor status
Assisted a renewable energy company prepare materials for BC Hydro's Clean Power Call
Assisted an Ecuadorian mining company in its option and joint venture negotiations with a Chinese company.
Assisted with employee integration following the business combination of several mining interests (2008)
Assisted with the design and implementation of a model for the administration of the Climate Change and Emissions Management Act, the establishment of the Climate Change and Emissions Management (CCEMC) Corporation, and the development of the funding regulatory framework under Alberta's climate change legislation
Assisted with the sale of Emission Performance Credits (EPCs) to a regulated emitter to permit compliance with Alberta's Climate Change Regulatory Regime
Acting for a company in the automotive industry in its claim against a software developer
Assists on an ongoing basis advising a large recycling and stewardship organization for the Province of Alberta
Acted for Atis Group, a Montréal based manufacturer of windows and doors in completing a $105 million financing transaction with GE Capital and other lenders.
On behalf of a major B.C. forest company in a challenge to by-laws restricting forestry practices and the sale of land.
On behalf of B.C. Hydro in an action involving the design and construction of a large steel culvert for the Revelstoke Dam project.
B.H. (Next Friend of) v. Alberta (Director of Child Welfare) [2002] A.J. No. 353 and A.J. No. 518 and A.J. No. 1304 and A.J. No. 568 and A.J. No. 1149
On behalf of a B.C. mining company in a Federal Court appeal regarding a disputed mining claim
Represented a multi-faith coalition of religious minorities challenging the constitutionality of the Ontario government educational policy regarding alternative sch
B.H. (Next Friend of) v. Alberta (Director of Child Welfare) [2003] A.J. No. 15
Assisted the Bank of Montreal and Bank of America led cross-border banking syndicate in the establishment of a $165-million acquisition finance facility for TransCanada Power in connection with the acquisition of biomass power generation facility in British Columbia
Acting for a bank with respect to financing and taking security from a variety of borrowers
Acted for The Bank of Nova Scotia and Roynat Asset Finance Division in a $50 million syndicated LBO financing for a private equity fund involving 4Refuel Canada LP.
Battershill v. Battershill [2007] A.J. No. 89
Acted for Bell Canada International Inc. in the defence of three class proceedings involving securities and oppression issues
Bay Ocean Management Inc. v. Gravel and Lake Services Ltd. (2002), 234 F.T.R. 320 (Fed. C.A.)
Davis was selected over seven legal advisory firms from the UK and North America with extensive P3 experience to act for the Bermuda Hospitals Board in connection with the $315 million upgrade of the King Edward VII Memorial Hospital.
Acting for a bidding consortium on the Durham Courthouse project in Ontario
Acting for a bidding consortium on the Disraeli Bridges project in Winnipeg
Acting for a bidding consortium on the Port Mann/Highway 1 project in Vancouver
Acted for Bilfinger Berger BOT Inc. in respect of all aspects of the P-3 Project in British Columbia
Acted for Bilfinger Berger BOT Inc. (2005) in respect of all aspects of the Kicking Horse Canyon P-3 Project in British Columbia
Blumes v. Blumes [1996] A.J. No. 693
Acted for Boliden Limited in the sale of the shares and assets of Compania Minera Lomas Bayas (Chilean copper mine) to Falconbridge Limited
Acted as special counsel to the Board of Directors of Chariot Resources Limited in a highly-contested proxy battle for control of Chariot's Board initiated by the Lundin Mining Group.
Acting for the borrower (a steel processor and distributor) in a $50 million cross-border financing involving a group of companies
Borthwick v. Campa [1989] A.J. No. 312
Brander Estate (Re) [1986] A.J. No. 55
Defended lawyers in Law Society of Alberta proceedings, as well as the Court of Queen's Bench and Court of Appeal, with respect to allegations such as missed limitation periods, mishandling of trust funds, theft of trust funds, and conduct unbecoming
Brown and Brown v. Municipal District of Foothills No. 31 and Cambrin [1983] A.J. No. 1109
BTC Properties II Ltd. placed a $40 million financing on Bentall Centre, Tower V with CIBC on June 26, 2003.
Burgoin v. Burgoin [1998] A.J. No. 112
C.L.E. v. B.M.R. [2009] A.J. No. 226
Campbell v. Campbell [1999] A.J. No. 843
Calgary Co-Op Taxi Ltd. v. Larson [1980] A.J. No. 129
Acted for successful institutional investors who sued for prospectus misrepresentation in a flow-through share of financing against an oil and gas issuer, its directors and officers, underwriters, auditors and reserve engineers
Represented Canadian Red Cross Society in a case dealing with the constitutionality of AIDS testing of blood samples without donor consent
Acted for a Canadian company with major gold mine assets in China in the IPO at the TSX-Venture.
Represented a Canadian listed company in environmental industry in its negotiations with Chinese business entities regarding establishment of joint venture, technology transfer, private placement and licensing agreement.
A leading Canadian life insurance company in the defence of class actions related to certain insurance products
Acted for Canadian Imperial Bank of Commerce on a $31 million financing of a Ontario and British Columbia based trailer leasing company.
Acted for a Canadian listed company in its joint venture agreements with a large Chinese explorations company.
Represented a Canadian Olympics candidate in a dispute over selection to the 2001 Olympics team
Represented a Canadian software company in its business negotiations and due diligence with regard to the proposed sale of all of its shares to Chinese investors at multiple hundred million dollars.
Represented a Canadian software company in establishment of a WFOE in Shenzhen, China.
Represented a Canadian software company responding to a variety of multi-jurisdictional legal proceedings and criminal investigations relating to the theft of private consumer information
Acted for a Canadian subsidiary of a Chinese company in an reorganization valued at US$66 million.
Acted for a Canadian university in its efforts to set up a WFOE in China and develop cooperative relationship with Chinese universities.
Brian Hiebert and Will Todd helped Davis client Canfor Pulp Limited Partnership become one of four biomass projects chosen by BC Hydro to add electricity to BC's power grid.
Won an important case for its client Century McMynn Leasing and its lender GE Finance.
Davis LLP represented CHC Helicopter Corporation (CHC) in its recent $48 million sale of CHC's remaining interest in Canadian Helicopters Inc. to the Canadian Helicopters Income Fund.
Acted for a Chilean mining company in its listing at the TSX-V.
Acted for a Chinese bank in its fund settlement agreement with one of the largest Canadian banks.
Acted for Chinese companies in the proposed acquisition of a coal mine with multi hundred million dollars.
Acted for a Chinese company in its proposed acquisition of an oil and gas asset of multi hundred million dollars.
Acted for a Chinese company in its business cooperations with certain aboriginal groups in BC.
Represented a Chinese company in its proposed acquisition of an uranium exploration company in Canada.
Acted for a large Chinese State-Owned-Enterprise in its proposed investment of US$60 million in a Canadian company with significant mining assets in Africa.
Acting for the City of Calgary in its procurement by way of PPP of a bundle of four recreation centres
Acted for Columbia Basin Trust, for regulatory, and corporate work in connection with four different hydro electric power projects within the Kootenay region
Co-counsel in dispute over rights of access to leased aerodrome facilities.
Co-counsel representing Calpine Canada in its Canadian CCAA proceedings
Co-counsel to major Asian Banks pursuing the proceeds of fraud in Canada.
Successfully argued that a commercial motor vehicle which may have critical defects as described in O.Reg.512/97 only allows the MTO to impound that vehicle.
Completion of a $30 million purchase of a brownfields site for a major corporation in the waste services industry
Completion of a multimillion dollar share sale transaction for a key player in the scrap steel and metal industry in Alberta
Acted as counsel to a consortium comprised of Mitsubishi Materials, Marubeni Corporation, Dowa Mining and Furukawa Mining in connection with the development and financing of the Huckleberry copper-molybdenum-gold-silver mining project in Northern British Columbia.
Conducted a 27 day trial over the design and supply of coated steel pipes to the Greater Vancouver Regional District involving international experts on steel pipe coatings and cathodic protection of subsurface infrastructure.
Conducted an actuarial negligence claim in respect of a pension plan of a college in British Columbia
Conducted due diligence and provided related advice in respect of proposed acquisitions of operating and pre-COD thermal generating assets in British Columbia, Alberta and Ontario
Conducted due diligence on the purchase and sale of renewable energy assets
Acting for a consortium of European-based credit card issuers in bringing court proceedings in Canada to secure and ultimately recover the proceeds of a significant credit card fraud
Acted for Copperweld Corporation on its sale to Atlas Tube Inc. and Dofasco Inc.
Appointed by the Chief Justice Of Alberta to argue a constitutional reference before the Alberta Court of Appeal and the Supreme Court of Canada.
Cordy Oilfield Services Inc., a TSX Venture Exchange listed company (TSK-V:CKK), closed a $57 million private placement offering of common shares.
Counsel for Brascan Corporation in an action brought by First Nations to stop the sale to Brascan Corporation of private and Crown timberlands where legally required consultation with the native communities had not been done.
Counsel acting for a Canadian specialty wood product producer seeking indemnity from a larger softwood lumber producer for legal fees and penalties in a prosecution brought by United States customs
Counsel advising on NAFTA, WTO and arbitration provisions in numerous transactions including the implications of the WTO and NAFTA procurement provisions on PPP project investments.
Counsel for Canada Mortgage and Housing Corporation in a proposed class action brought by the plaintiffs seeking indemnity for damages caused by leaks in their buildings.
Counsel for the defendant in an action alleging negligent misstatement on a credit enquiry by the plaintiff.
Counsel for the Canadian Imperial Bank of Commerce in an action where the plaintiff was seeking damages for the wrongful appointment of a receiver and fraudulent misrepresentations made by a manager of the bank.
Counsel for the dissenting shareholders in a takeover bid under the Canada Business Corporations Act.
Counsel for the plaintiff in an action claiming breach of confidence against the defendant.
Counsel for Trustee of Bre-X Minerals, Canada's largest mining fraud
Counsel in a defamation suit brought by a fish farming company against an environmentalist regarding untrue statements made about antibiotics and chemicals allegedly fed to the fish.
Counsel in a defamation suit brought by a jeweller against a customer who lodged a complaint about the jeweller to Jewellers' Vigilence.
Counsel in a defamation suit brought by the BC SPCA against a variety of defendants in the animal welfare community.
Counsel in a dispute over intellectual property, product quality and contract terms in relation to a biotechnology licence enabling the manufacture of rapidly administered medical tests.
Counsel in an action commenced against a doctor for a botched hip replacement surgery.
Counsel in a negligence suit brought against the Canadian Food Inspection Agency for publications issued concerning the alleged contamination of the plaintiffs' food products.
Counsel in a wrongful death suit brought by a plaintiff whose spouse died after receiving an injection delivered by a naturopath.
Counsel in appeals of environmental permit before the BC Environmental Appeal Board.
Counsel in an action commenced against a doctor for a negligently performed hysterectomy.
Counsel in contaminated property litigation centering on historical contamination of indeterminate origin.
Counsel to a major U.S. lender in Fairmont Resorts' CCAA proceedings
Counsel in two cost recovery actions commenced pursuant to the Environmental Management Act against a motor fuel company with respect to hydrocarbon contamination.
Member of counsel team in the currently ongoing British Columbia tobacco litigation.
Counsel to a group of citizens seeking equitable access to a Greater Vancouver park facility.
Counsel to an American client resistng the imposition of charges by the Canadian government.
Counsel to a manufacturer of pipe and plumbing products in British columbia litigation, including product liability and construction cases.
Counsel to Canacol Energy Ltd., which raised $57,500,288 through a bought deal prospectus offering with a syndicate of underwriters, including the underwriters' exercise of their over-allotment option.
Counsel to British Columbia and Ontario Governments in Skiing Louise Group of Companies' CCAA restructuring
Counsel to Enron Corp. in the CCAA restructuring of its Canadian interests
Counsel to English investor before Investment Canada, seeking approval for its investment in a BC PPP project.
Counsel to forestry firm in an appeal to the BC Forest Appeals Commission regarding tenure rates.
Counsel to major Secured Creditor and DIP lender in CCAA proceedings of Gauntlet Energy.
Counsel to the Receiver of Canadian Superior's Trinidad assets
Counsel to Rancher's Beef in its CCAA restructuring
Counsel to the Liquidator of Sovereign Life Assurance Company
Counsel to the Receivers of numerous Western Canadian resource companies
Counsel to Timberwest Forest Corp. in the restructuring of several industry contractors in British Columbia
Acted for a CPC in its QT with a Chinese manufacturing company.
Counsel to Western Canada Energy in its successful BIA proposal
Acted for a CPC company in its IPO and QT with a technology company.
Acted for a CPC in its QT with a clean energy company.
Acted for Credit Union Central of British Columbia in a $100 million medium term notes offering to institutional investors across Canada.
Davis LLP represented the Strategic Review Committee of TIR Systems Ltd. in the sale of TIR to Royal Philips Electronics NV. of the Netherlands
Member of a counsel team that defended an Alberta based oil and gas company with respect to allegations of breach of contract - Tycholis v. Teem Energy Ltd., [2006] A.J. No. 1602.
Defended four pharmacists respecting a breach of contract claim.
Defending a leading forestry products company in relation to odour and particulate emissions charges and a related dispute pertaining to indemnity provisions arising out of the sale of the emitting facility
Acting as co-counsel to a developer responding to a Judicial Review which challenged the ability of the Ontario Municipal Board to conduct a hearing of Planning Act appeals as a result of the coming into force of the Greenbelt Protection Act and the Strong Communities Act.
Derochie v. Park-Derochie [2003] A.J. No. 719
Diegel v. Diegel [2008] A.J. No. 1261
Acted for the Divestiture Trustee in the divestiture of a landfill in Alberta under the provisions of a consent order made by the Commissioner of Competition
Division of assets included business interests, a commercial building and various properties in Korea, as well as a company and residential property in Vancouver in a 20-year marriage.
Drafted two sub-leases for a major oilfield services corporation in Edmonton, Alberta for portions of an industrial space it leases
Intervened in the Supreme Court of Canada case dealing with the interpretation of section 15 equality rights in the context of pension benefits for gay spouses
Dupuis v. Purdy [1979] A.J. No. 175
Edwards and Edwards v. Duborg and Registrar of North Alberta Land Registration District [1982] A.J. No. 1052 and [1982] A.J. No. 1058
Ennis v. Textron Canada Ltd. [1987] A.J. No. 1016
Acted for ESI Power Walden Limited Partnership, which developed and financed one of the first hydro independent power producer projects in British Columbia, which it subsequently sold to West Kootenay Power Ltd.
Fauchon v. Heald [1988] A.J. No. 830
Acted for Falconbridge Limited on its investments in Baltic Resources Inc. and MCK Mining Corp.
Represented the financing bank in China Gold Corporation Group's acquisition of 42% shares of Jinshan Gold Mines Inc. (TSX: JIN) at the price of CAD 218 million.
Acting for the former managing director of an Anglo-Swedish fund management company in defending a £350,000,000 claim for damages in England,
Acted for a major forest products company in the development of a biomass power project, including the drafting and negotiation of the electricity purchase agreement with BC Hydro
Fraser v. Ortman [1978] A.J. No. 637
Fraser v. Ortman [1980] A.J. No. 629
Acted for a client in the funding of a project to develop the market demonstration of a 2.8-MW biogas/cogeneration facility in Lethbridge
Groeneweg v. Groeneweg [1981] A.J. No. 622
Acted for successful institutional investors in flow-through share prospectus misrepresentation litigation
Graham v. Bonnycastle [2004] A.J. No. 940
Grant v. Jovic [2005] A.J. No. 1803
Greenspan v. Maritime Life Assurance Company (2004, Ontario Superior Court) action on behalf of a class of 100,000 investors with respect to the marketing of segregated fund insurance products to investors across Canada
Grosky v. Chouinard, [1999] A.J. no. 1504
Heikkila v. Alberta (Workers Compensation Appeal Commission), [2003] A.J. No. 1132
Heikkila v. Apex Land Corp. [2009] A.J. No. 28
Hickey v. Hickey and Beaverbrook Properties Ltd. [1980] A.J. No. 947
Acted for Hochtief PPP North American Solutions in the Ontario Provincial Police modernization project involving new OPP facilities in 16 communities across Ontario
Holland v. Brown [1997] A.J. No. 1119
Acting on a class action against Berkshire Securities alleging lack of due diligence in a referral program in which $100 million of investor's funds were invested in Portus Alternative Asset Management
Acted for an integrated land development corporation in respect of all matters ancillary to its business of acquiring and developing land in the Province of Alberta
Intervened at the Alberta Court of Appeal on behalf of the Canadian Life and Health Insurance Association (a voluntary trade association whose membership accounts for 99 per cent of the life and health insurance in force in Canada and administers about two-thirds of Canada's pension plans) in a constitutional dispute concerning whether banks must submit to regulation when promoting insurance sales in Alberta
Intervened at the Supreme Court of Canada in Bazley v. Curry, [1999] 2 SCR 534 (1999) which established the Canadian test for vicarious liability for intentional torts.
Acting for Japanese automobile industry participants in the development of various parcels of land in Southern Ontario
Jenkyns v. Jenkyns [1997] A.J. No. 345
Acted for Jascan Resources Inc. on its sale by way of plan of arrangement to Breakwater Resources Ltd.
Acting for a Canadian specialty wood product producer seeking indemnity from a larger softwood lumber producer for legal fees and penalties in a prosecution brought by United States customs in relation to an importation scheme under the previous Softwood Lumber Agreement.
Junior counsel for defendant in case in which the plaintiff sought a constructive trust over a large silver resource in a South American country because of an alleged breach of confidence.
Representing the defendants in several cases in which a wood products producer alleged breach of contract against a major forestry company because of price changes under long term supply agreements.representing the defendants in several cases in which a wood products producer alleged breach of contract against a major forestry company because of price changes under long term supply agreements.
Junior counsel to an American courier company in its arbitration against the Government of Canada under NAFTA's Chapter 11, alleging that advantages provided to the courier owned by Canada Post were discriminating.
Acted for the special committee of the board of directors of Kerr Addison Mines Ltd. on the buyout by Noranda Inc.
Junior counsel to two Canadian forestry companies taking action against the Government of the United States of America under Chapter 11 of the North American Free Trade Agreement in relation to the United State's conduct of the softwood lumber dispute
Successfully represented investors in a securities class action dealing with the statutory liability of corporate issuers, their directors and officers for prospectus misrepresentation under the Securities Act
Kingsford v. Kingsford [1994] A.J. No. 958
Acted as counsel for KPMG Inc., the court-appointed Monitor in the Companies' Creditors Arrangement Act proceedings commenced by A&B Sound
Acted for Receiver appointed by the British Columbia Securities Commission over bank deposits and securities held in Canadian chartered banks and brokerage houses in the name of an off-shore bank and against which various claims were being made by miscellaneous parties
Co-counsel for the defendant, Lac D'Amiante du Quebec Ltee., in a representative action brought by a worker allegedly suffering from an asbestos-related disease. T
LaPierre v. Andrew, [1983] A.J. No.
Lead Canadian Counsel representing a Canadian corporation inter-listing on the Colombian Stock Exchange
Lead counsel in a complex, multi-jurisdictional case involving a spouse's ability to sue in British Columbia for child and spousal support despite the connection of the foreign defendant to a multiplicity of other jurisdictions and his non-residence in Canada.
Lead counsel in three actions commenced against a real estate developer with respect to contracts of purchase and sale for lots in a proposed subdivision.
Lead counsel in a cost recovery action commenced pursuant to the Environmental Management Act against multiple defendants with respect to contamination caused by a dry-cleaning operation.
Lead counsel in a variety of actions brought as a result of a defendant's failure to pay for services or goods provided by a plaintiff.
Lead Counsel representing an Alberta based oil and gas corporation in a $172.5 million exchange-listed debenture financing
Lead Counsel representing a Dubai based oil and gas corporation with operations in Africa in a $110 million plan of arrangement sale to a United Kingdom based London Stock Exchange listed purchaser
Lead Counsel representing an Alberta based oil and gas corporation in a $108 million equity financing
Lead Counsel representing an international oil and gas corporation in a $55 million equity financing
Lead Counsel representing an international oil and gas corporation in a $41.5 million exchange listed debenture financing
Lead Counsel representing an international oil and gas corporation in a $57 million equity financing
Lead counsel to Ace Style International Limited (Hong Kong SAR) in connection with the reorganization and plan of arrangement of its Canadian Subsidiary which carried business in Canada as "Intimates Moments" and "Victoire Delage".
Lead counsel to Aliments Norel and its shareholders in connection with the sale of Aliments Norel to Plaisirs Gastronomiques Inc.
Lead counsel to Atis Group Inc. in connection with its acquisition of Allsco Building Products Ltd. (Moncton, New Brunswick).
Lead counsel to Bonduelle Canada inc. in connection with its acquisition of the assets of Family Tradition (Frozen vegetables processor) (Ontario).
Lead counsel to Bonduelle Canada inc. in connection with its acquisition of the assets of Omstead Foods (Frozen vegetables processor) (Ontario).
Lead counsel to Matériaux Coupal Inc. and its shareholders in connection with the sale of Matériaux Coupal Inc. to RONA Inc.
Lead counsel to Bonduelle S.A. (France) in connection with its acquisition of Carriere Foods Inc. (Frozen vegetables processor) (Quebec and Ontario).
Lead counsel to Atis Group Inc. in connection with its acquisition of Vinylbilt Window Systems INc. (Vaughan, Ontario).
Lead counsel to Transdev S.A. (France) and Transdev Canada inc. in connection with the acquisition of a Quebec company that was operating public transport buses on behalf of municipal and urban public transport agencies in the Greater Montreal area.
Defended physicians in Alberta College of Physicians and Surgeons' proceedings, as well as the Court of Queen's Bench and Court of Appeal, with respect to allegations such as inappropriate breast examinations, inappropriate patient contact, inappropriate surgical procedures, conduct unbecoming and assault and battery
Acted for Mackenzie Investment Management Inc. on its sale to Waddell & Reed Financial, Inc.
Lowry et al v. Eaton/Bay Insurance Company [1986] I.L.R. 1-2105
M. v. H., (March 1998, Supreme Court of Canada)leading equality rights appeal
MacEachern v. MacEachern [1986] A.J. No. 1040
MacPhail v. Karasek [2006] A.J. No. 1354
Acted for a manufacturer of building products on the termination of a series of distributer agreements
Represented a manufacturing company in establishing a joint venture in China with a Canadian listed company with initial investments of RMB 50 million.
Acted as counsel to Marubeni Coal Canada Ltd. in its investment into the Quinsam Coal Corporation thermal coal project on Vancouver Island.
Acted for Marubeni Corporation and Nissho Iwai in a US$90 million credit facility advanced for the purpose of funding a portion of the development costs of the borrower's open-pit, heap-leach copper mine and SX-EW process copper refining plant located in Northern Myanmar
McMullen v. McMullen [1976] A.J. No. 229
McLaughlin v. Valley Ridge Co-ownership Co-operative Ltd. [2000] A.J. No. 293
Mollot v. Mollot [2007] A.J. No. 583
Acted for Minacs Worldwide Inc. on its initial public offering and listing on The Toronto Stock Exchange.
Acted as counsel to Mitsubishi Materials Corporation ("MMC") in respect of its potential acquisition of a minority interest in Similco Mines Ltd. ("Similco"), then a wholly owned subsidiary of Copper Mountain Mining Corporation ("Copper Mountain"), and project financing of approximately $250 million for the redevelopment of Similco's copper mine near Princeton, B.C.
Acting for a national clothing retailer and for several U.S. and European companies in the development and implementation of employment policy and procedure manuals
Acted for successful institutional investors who sued an oil and gas issuer, its directors and officers, reserve engineers and underwriters for prospectus misrepresentation on a flow-through share offering.
Acting for a multi-national auto parts manufacturer engaged in a series of lawsuits and appeals of administrative orders in relation to allegations of groundwater contamination by industrial solvents
Acted in the course of the development of a multi-unit condominium development in Spruce Grove, Alberta, including assistance in finalizing the condominium plan and dealing with initial condominium corporation set-up matters as well as acting in the course of the initial sale transactions for condominium units in the development.
Acting for a national company on an application to compel an Internet service provider to disclose the identity of individuals associated with cyber-attacks
Negotiating sale of Ontario base-metals mine (seller counsel)
Negotiating syndicated Cdn $160 million acquisition financing in the energy sector (acquirer counsel)
Negotiating the Canadian portion of asset-based credit facilities and associated security involving an aggregate commitment of US $150 million completed in tandem with spin-off of pulp mill facilities (borrower counsel/spin-off company)
Negotiated with BC government ministries on behalf of a renewable energy company with regards to the province's Wind Policy
Negotiating the terms of a Chinese technology joint venture and advising on the associated licensing of technology
Negotiating US $20 million credit facilities for Canadian subsidiary of U.S. manufacturer and dovetailing same with US $450 million cross-border facilities (lender counsel)
Negotiating US $150 million mining joint venture involving a base-metals property in Africa (counsel to acquirer of 50% interest)
New Home Warranty - Acted as counsel for trustee in bankruptcy in this Bankruptcy and Insolvency Act proposal filed by British Columbia New Home Warranty Company triggered by "leaky condo crisis" in British Columbia
Negotiating US $30 million bridge-financing facilities for a Canadian public company in the context of financing its takeover bid for an Australian public company (mining industry); preparation of associated security in the form of share pledges of intervening off-shore subsidiaries (borrower counsel)
New Skeena Forest Products ("Skeena #3") - Restructuring counsel in New Skeena's reorganization proceedings under the Companies' Creditors Arrangement Act
Niagara Gorge Jet Boating Ltd. v. AXA Canada Inc. (2006), 80 O.R. (3d) 211 (Ont. S.C.)
Nordquist v. Empire Life Insurance Co., [1985] A.J. No. 296
Acted for Oji Paper Co. Ltd. (2008), the largest pulp and paper company in Japan, in a tax effective restructuring of Howe Sound Pulp and Paper Limited Partnership and its syndicated debt through a CCAA process. RBC was financial advisor.
Acted on behalf of Ontario Realty Corporation in negotiating settlements with landowners as a result of the construction of Highway 407
Acted as senior outside counsel to Ontario Realty Corporation in standardization of provincial easements
Acting on a class action against Manulife Securities alleging lack of due diligence in a referral program in which $250 million of investor's funds were invested in Portus Alternative Asset Management
Palechuk v. Fahrlander [2004] A.J. No. 916
P. v. Legal Aid Society of Alberta [1994] A.J. No. 1018
Participated in a complex legal action on behalf of an international actuarial firm in respect of a pension plan in Regina, Saskatchewan, spanning over five years of litigation, 128 days of examination for discovery, in excess of 100,000 documents, 20 years of history and evidence, and a claim in excess of $40 million.
Participated as co-counsel in multimillion dollar litigation arising out of the failure of a grout curtain installed around the circumference of an open-pit mine
Participated in a commercial arbitration for an international engineering firm with respect to the design of a hydro generation plant
Participated in an appeal to the Federal Court of Appeal on the issue of whether a contribution to a registered charity qualifies for income tax credit when representations were made to the taxpayer of possibly receiving a tax receipt exceeding the amount of the contribution.
Participated in forensic accounting cases including an $11 million claim for an electronic sign company spanning ten years of litigation with in excess of 50 days of examinations for discovery, thousands of documents, and three months of trial work
Participated in lengthy multi-party and international litigation involving allegations of conspiracy to injure and conspiracy to price fix
Participated in multiparty litigation arising out of the bankruptcy of a Lower Mainland transportation company and the wind-up of its pension plan
Participated in multimillion dollar litigation involving the design and construction of a power transmission system in the Yukon Territory.
Participated in the representation of an interest group challenging a municipal by-law.
Pedersen v. Pederson [1987] A.J. No. 845
Paulsen v. Schwartz [1980] A.J. No. 547
Pension trustees in a large bankruptcy case in British Columbia (ultimately argued successfully in the Supreme Court of Canada)
On behalf of a pensioner with respect to a claim against a pension plan sponsor and trustee in respect of the proper interpretation of benefits provided under a pension plan and the validity of pension plan amendments
Performed all legal work in connection with the IPO in the TSX Venture Exchange for Trigon Uranium Inc. (then, Trigon Exploration) in 2004 and prepared all documents relating to several brokered and non-brokered private placement financings.
Acting for petroleum companies in the defence of environmental claims by neighbouring landowners and appeals of administrative orders
Phillips v. Avena [2005] A.J. No. 1321
Phillips v. Phillips [2007] A.J. No. 825
Negotiating Canadian portion of spin-off of pulp mill assets from a public company into a separate public company
Acted as Co-Counsel in the mine's restructuring under the CCAA
Preparation of paper on the regulatory regime governing oil and gas pipelines in Alberta
Preparation of discussion paper on contaminated sites legislation (Alberta and British Columbia) in the context of brownfields redevelopment for a major industry association representing the oil and gas sector
Acting for the primary shareholder of a physiotheraphy clinic in the negotiation of a shareholders' agreement, and for the shareholders of a related business in the modernization and reconsideration of their existing shareholders' agreement
Acting for a private promoter in advising on and securing rights for a biomass gathering operation and transformation plant to be situated wholly on Innu reserve and on Innu-claimed lands
Acted for Qikiqtani Inuit Association to enjoin the federal government from conducting seismic testing around Baffin Island
Québec counsel for the guarantor with respect to an increase in a Revolving Credit Agreement by $100 million (US) to an overall limit of $225 million (US) and an increase in a Term Loan facility of $19.5 million (US) to an overall amount of $130 million (US) granted by HSBC to a mining company.
R. v. Armstrong [1978] A.J. No. 73
R. v. Briggs [1978] A.J. No. 110
R. v. Canmore Park Express [1978] A.J. No. 129
R. v. Coutts [1978] A.J. No. 57
R. v. Lawrence [1977] A.J. No. 318
Retained by a major financial institution to advise with respect to a large $250 million securities class proceeding
Counsel for successful appellant in an appeal to the Ontario Court of Appeal and Supreme Court of Canada challenging the constitutionality of a municipal by-law prohibiting commercial advertising posters case expanded the scope of freedom of expression.
RE deBeaudrap Estate [1983] A.J. No. 919
Acted for a major publicly traded real estate company in its British Columbia shopping centre acquisitions, as well as acquisitions of redevelopment properties.
Represented a Canadian private equity group on its $600 million cross-border auction bid for a NYSE-listed corporation
Reorganization of a major corporation in the metal manufacturing industry
Representation in connection with regulatory matters relating to a 125MW wind project in Southern Ontario
Represented a Canadian family-based business on the divestiture of its US$300 million US-based packaging business
Represented a company in an action under the Federal Bank Act for negotiating cheques that were fraudulently deposited into an employee's personal accounts.
Represented a major petrochemical company in claims relating to alleged environmental spills. fires and explosions, contractual disputes, intellectual property issues, employment issues and various other tort claims.
Represented a major construction company in a contractual dispute with a governmental body.
Member of a counsel team that represented an Alberta based oil and gas company in a dispute with a major international oil and gas company concerning the validity of a Right of First Refusal.
Represented a majority shareholder against professional advisors for providing negligent advice with respect to the sale of assets.
Represented an "Internet Pharmacy" in a business interruption action against a telecommunications provider.
Represented an intervenor group in several transmission and distribution cost-of-service rate applications before the Ontario Energy Board
Appointed him to represent an indigent and troubled convicted murderer in a highly controversial and complex appeal.
Representing an Alberta based oil and gas corporation in a $17 million plan of arrangement acquisition of an Alberta based oil and gas corporation
Represented an international technology consulting company in relating to breach of contract and collection issues.
Represented AnorMED in its US$580 million acquisition by Genzyme Corporation.
Represented BellGlobemedia on the acquisition of Steve Stavro's interest in Maple Leaf Sports & Entertainment and the subsequent reorganization of the ownership structure of MLSE
Represented BPO Properties Ltd. in its dutch auction issuer bids
Represented Brookfield Asset Management and its affliates on the acquisition of the minority interests in Trilon Financial Corporation, the acquistion of minority interests in BPO Properties Ltd., and the acquisition of the minority interests in Royal LePage Ltd.
Represented Brookfield Properties with respect to it $700 million investment to recapitalize properties held previously held by BCE Development Corporation
Represented Forbes Energy Services Ltd. in completion of its initial public offering of $172.5 million
Represented Diversified Financial Corporation in its $125 million preferred share securitization offering
Represented KKR-Teachers' with respect to the C$2.2 billion credit facilities established to acquire the directories business of Bell Canada
Represented KKR in connection with the C$1.75 billion credit facilities established to acquire Shoppers Drug Mart
epresented MDSI Mobile Data Solutions Inc. in its acquisition by Vista Equity Partners pursuant to a plan of arrangement under the Canada Business Corporations Act.
Representing a real estate developer with respect to a claim against two municipalities and a provincial government.
Represented Merrill Lynch Canada with respect to it's restructuring of its investment in MWI & Partners
Represented Plan Sponsors in the CCAA proceedings for Stelco Inc., Doman Industries Limited and Concert Industries Inc.
Represented TD Capital Group on its acquisition of a controlling interest in Alert Care Corporation and then represented Alert Care Corporation in connection with its sale to a newly organized REIT established by Chartwell Care Corporation
Represented the Association of Major Power Consumers in Ontario in various matters before the Ontario Energy Board
Represented the Langley Development Group in development in the Township of Langley of $45 million events and recreation centre that can be used for sporting events, concerts, exhibitions, and trade shows.
Represented the purchaser under a "stalking horse" bid in the CCAA proceedings of Hamilton Specialty Bar
Represented the lenders under a $100 million bridge credit facility established to facilitate the restructuring of the grocery and real estate holdings of Knob Hill Farms Ltd.
Represented The Thomson Corporation and The Woodbridge Company on the creation of BellGlobemedia
Representing a manufacturer of innovative construction materials in its claim against a group of former suppliers and distributors concerning trade-mark infringement and passing-off
Represented three franchisees in a dispute with a large international beverage company.
Represented Tricap Restructuring Fund on the conversion of Vicwest to an income trust and subsequent disposition of its interest in Vicwest
Represented Western Forest Products on its acquisition of the crown forests business of Weyerhauser
Represented Yellow Pages Group with respect to the term and operating facilities established in connection with the initial public offering of its income trust units
Representing a national communications company on a range of matters involving corporate and employee fraud
Representing a Quebec based grain and grain by-products trading company in a dispute with 2 Dutch companies and a supplier.
Representing a video game developer in a contractual dispute with a video game publisher
Representing a Taiwanese company on a contractual dispute arising from the sale in Canada of satellite technology
Represented an Alberta based oil and gas corporation in a $108 million equity financing
Member of the counsel team representing an Alberta based oil and gas corporation in a $52 million subscription receipt offering related to an $89 million acquisition of heavy oil assets from a major Canadian based oil and gas corporation
Member of the counsel team representing an Alberta based oil and gas corporation in a $172.5 million exchange-listed debenture financing
Member of the counsel team representing an international oil and gas corporation in a $41.5 million exchange-listed debenture financing
Member of the counsel team representing an international oil and gas corporation in a $40 million equity financing
Representing Credit Union Central of British Columbia in the acquisition of Bank of Montreal regional branches and assets.
Member of the counsel team representing an international oil and gas corporation in a $57 million equity financing
Representing former members and directors of a purchasing cooperative in an action brought by the cooperative's former manager
Representing plaintiffs in a multi-million dollar claim relating to mortgage fraud
On behalf of international actuarial firms with respect to proceedings before the Canadian Institute of Actuaries
Acting as co-counsel to a residential developer in obtaining Ontario Municipal Board approval for an employment land conversion in the Town of Ajax.
Resolving corporate opportunities issues between a Canadian public company and its partly- controlled U.S. subsidiary
Acting for a restaurant owner and franchisor in the establishment of a joint venture, including negotiation of a shareholders' agreement and licence/services agreement
Restructuring counsel for Concert Industries Ltd. and its subsidiaries in a successful reorganization under the Companies' Creditors Arrangement Act and the Canada Business Corporations Act
Davis client, Mr. Jean-Marc Richard, pursued legal action against Time Inc. in light of the content of a Sweepstakes confirmation he received through the mail.
Acted for Royal Gold Inc. regarding $300 million secured gold purchase arrangements with respect to gold to be produced from Terrane Metals Corp's Mt. Milligan mine in British Columbia
S.G.H. v. Gorsline [2001] A.J. No. 263 and A.J. No. 1021
S.G.H. v. Gorsline [2004] A.J. No. 593
Sauer v. Sauer [1981] A.J. No. 650
Prepared all documents relating to the sale of mineral interests in the Northwest Territories and Nunavut.
Represented secured creditor in novel use of the corporate oppression remedy to obtain judgment after a corporate reorganization
Acted for a secured creditor of an insolvent corporation in a priority battle
Acting for senior lenders to a consortium bidding on the Waterloo Region Consolidated Courthouse project
Acting on behalf of a shareholder group to enforce a Unanimous Shareholders Agreement
Acted as counsel for company employed in travel wholesaling industry under CCAA proceedings
Acted for Southern Pacific Resources Corporation in the Cdn$89 million acquisition of all the securities of Senlac Oil Ltd. from a major oil and gas company.
Acting for a sports equipment retailer in the sale of its business
Acted for the co-lead arrangers, Sprott Resources Lending Partnership, in connection with a syndicated $417 million construction loan facility for an iron ore mine located in Sierra Leone, Africa.
Acted for a start-up ethanol company in securing land rights, statutory approvals and drafting of commercial contracts.
Acted for StrataGold in its acquisition by Victoria Gold by way of plan of arrangement. (2009)
Structuring of and advice on group termination (mining sector) (2010)
Structuring of and advice on group termination (transportation sector) (2010)
Successful defence of an injunction to enforce a non-competition covenant (2008)
Successful defence of an employment standards overtime claim (2008)
Successful defence of health and safety WorkSafeBC order involving prime contractor liability (2009)
Successful defence of human rights age discrimination complaint (2009)
Successful defence of union certification application (services sector) (2008)
Successful defence of union certification application and unfair labour practice (manufacturing sector) (2010)
Acting for the successful proponent in relation to the Kicking Horse Canyon project in British Columbia
Successful defence of union certification application and unfair labour practice complaint
Acting for the successful proponent in relation to a rail project in Ontario
Acting for the successful proponent in relation to the Golden Ears Bridge project in Vancouver
Successful prosecution of a wrongful dismissal action
Successful union decertification application and defence of unfair labour practice
Acting for a tenant engaged in private arbitration with its landlord concerning the proper interpretation of a rent renewal clause contained in the lease
Structured the acquisition of significant interest in a publicly-listed Canadian resource company by Japanese investors
Act for The Toronto-Dominion Bank with respect to establishing and on-going transactional work in relation to a $110 million securitization program for The Jim Pattison Group.
Acted for Toronto Hydro as an intervener before the Supreme Court of Canada in a challenge to gas distributors' late payment policies based on the Criminal Code
Acted as co-counsel to Uranium One with respect to entering into a subscription agreement with Japan Uranium Management Inc. (a corporation formed by a consortium consisting of The Tokyo Electric Power Corporation, Inc. Toshiba Corporation and The Japan Bank for International Cooperation) providing for the private placement, for gross proceeds of $269 million.
Acting for a Vancouver-based software company in the negotiation and drafting of major commercial contracts, and with respect to its financing both from an institutional lender and through private placements of shares to individuals and venture capital companies
Acted for a successful plaintiff, a sophisticated investor, who lost a very large portfolio as result of the negligence and breach of duty of his stockbroker.
Acted for Western Prospector Group Ltd. in a $20 million bought deal underwritten by National Bank Financial Inc., Haywood Securities Inc. and Sprott Securities Inc.
Witzel Capital Corp. v. LED Medical Diagnostics Inc.
Acted for Williams plc and its Canadian subsidiaries on the divestiture of various Canadian assets and the demerger of Williams plc into the separate companies Kidde plc and Chubb plc.
Worked on a pro-bono basis with the Vancouver Olympic Bid team in negotiating and drafting agreements with the owners of private venues for use of their facilities for sports events during the 2010 Winter Olympics.
Worked with Goldcorp Inc., Pricewaterhouse Coopers, Thorsteinssons, and a large team of foreign advisers to paper a $1.5 billion capital restructuring for Goldcorp
Acted for Yukon Energy Corporation for all regulatory, corporate, power purchase agreement, financing and labour and employment matters in connection with their hydro electric and diesel generation facilities
