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. [more]
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. [more]
Acted for Canfor Corporation as it completed its acquisition of the Tembec Industries Ltd. southern British Columbia interior wood products assets consisting of the Elko and Canal Flats sawmills and [more]
Advised Marubeni Corporation in connection with its acquisition, together with Winsway Coking Coal Holdings Limited, a Hong Kong company, of Grande Cache Coal Corporation and Grande Cache Coal LP, for [more]
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. [more]
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. [more]
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. [more]
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. [more]
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 [more]
Acted for Brookfield Infrastructure Partnerships Quinte to design, build, finance and maintain a new Quinte Consolidated Courthouse in Ontario worth $270 million [more]
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 [more]
Advised the Special Committee of Western GeoPower [more]
Acumen Capital Partners as underwriters to Tamarack Valley
October 2010
Lead counsel to Acumen Capital Partners as underwriters to Tamarack Valley Energy Ltd. on $4,500,000 private placement of flow-through common shares [more]
Advised Chariot Resources in British Columbia in acquisition by China Sci-Tech [more]
Acumen Capital Partners on $13,000,000 Kallisto Energy Corp.
June 2010
Lead counsel for Acumen Capital Partners on $13,000,000 Kallisto Energy Corp. offering of special warrants and flow-through special warrants cleared by short form prospectus [more]
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 [more]
Advised various management investors in connection with the formation of the new limited partnership, credit facility and acquisition in addition to other banking matters [more]
Acted for Rubicon Minerals Corporation in its bought deal equity financing of common shares and subsequent "overnight" secondary offering of common shares. [more]
Represented the Institute of Chartered Accountants of British Columbia [more]
Counsel team for a private oil and gas company
April 2009
Member of the counsel team for an private oil and gas company in negotiating a $280,000,000 agreement to purchase Saskatchewan oil and gas assets [more]
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 [more]
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. [more]
International oil and gas corporation $500 million plan of arrangement acquisition by a US corporation
October 2008
Represented a public international oil and gas corporation on the $500 million plan of arrangement acquisition by a US corporation. [more]
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 [more]
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. [more]
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. [more]
Represented Harman International Industries, Inc., a large U.S.-based international, publicly-traded company in the acquisition of QNX Software Systems Ltd. [more]
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 [more]
Represented Board of Trustees of District No. 46 (Sunshine Coast) in a matter concerning the dismissal of a teacher [more]
Private Alberta oil and gas corporation $25 million common share financings
Lead counsel acting for a private Alberta oil and gas corporation on the aggregate of $25 million of common share financings placed in part by Peters & Co. Limited [more]
Acting for an expropriating authority at a compensation hearing before the Ontario Municipal Board, as well as in related civil litigation and judicial review proceedings regarding the expropriated lands [more]
Defending clients in the pulp and paper industry charged with a variety of offences under the Environmental Protection Act and Ontario Water Resources Act, as well as appealing remediation orders issued [more]
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 [more]
Represented a publicly-traded junior mineral exploration and development company in a $90 million brokered debt financing and the subsequent listing of the bonds on the Professional Securities Market [more]
Represented a British Virgin Island based public oil and gas company with operations in Africa, in the completion of a $110 million scheme of arrangement sale to a United Kingdom based London Stock Exchange [more]
Represented a public oil and gas company in a $32 million brokered financing of special warrants which were subsequently qualified through the filing of a short form prospectus [more]
Represented an Alberta based public oil and gas issuer in the $150 million acquisition of a controlling interest in two publicly traded companies and the acquisition of oil and gas assets from a private [more]
Represented a publicly-traded oil and gas corporation in the $23 million acquisition of a private oil and gas corporation with assets located in the Pembina Cardium fairway [more]
Represented a private oil and gas corporation on the $45 million plan of arrangement acquisition by a publicly-traded Alberta oil and gas issuer [more]
Lead Counsel representing an international oil and gas corporation in a $41.5 million exchange listed debenture financing [more]
Mountain Equipment Co-operative
Advised Mountain Equipment Co-op with respect to the acquisition, development, construction and leasing of numerous retail, office and warehouse locations together with commercial advice in relation [more]
Famous Players
Advised Famous Players (now Cineplex) with respect to the acquisition, development, construction and leasing of a numerous multiplex theatres in the Lower Mainland of British Columbia, including Paramount [more]
Maher Terminals acquisition and expansion Fairview Terminal (Prince Rupert)
Acted as Canadian Counsel with respect to the acquisition of Maher Terminals and advise Maher Terminals with respect to the proposed $600 million expansion of the Fairview Terminal in Prince Rupert [more]
Bell Canada - 2010 Winter Olympic Games Commitments
Advised Bell Canada with respect to the fulfillment of their contractual commitment to provide telecommunications services to the 2010 Winter Olympic Games [more]
Brascan Corporation (now Brookfield Asset Management) sale of Cascadia Forest Products to Western Forest Products Ltd.
Advised Brascan Corporation on the sale to Western Forest Products Ltd. of Cascadia Forest Products Ltd. for approximately $200 million [more]
Bell Canada International Inc. in the defence of three class proceedings involving securities and oppression issues
Acted for Bell Canada International Inc. in the defence of three class proceedings involving securities and oppression issues [more]
Auditing the Elections Policies and Procedures for a Not-for-Profit
Conducting an extensive audit of the elections policies and procedures of a 50,000-member non-profit corporation based in Toronto, Ontario [more]
Negotiating an Operating Agreement for a Not-for-Profit
Negotiating an operating agreement on behalf of a 55,000-member non-profit corporation based in Toronto, Ontario [more]
Advising a broad range of non-profit organizations
Advising a broad range of non-profit organizations with respect to their internal management and governance structures [more]
By-Law Review for a Not-for-Profit Corporation
Conducting comprehensive by-law reviews / re-drafting the by-laws of a number of prominent non-profit corporations based in Ontario, Canada and abroad [more]
Niagara Health System Project
Acting for a bidding consortium on the Niagara Health System project in St. Catherines, Ontario [more]
Kelowna and Vernon Hospitals Project
Acting for the successful proponent in relation to the Kelowna and Vernon Hospitals project, in British Columbia [more]
St. Thomas Consolidated Courthouse Project
Acting for senior lenders to a consortium bidding on the St. Thomas Consolidated Courthouse project, in St. Thomas, Ontario [more]
Humber River Regional Hospital
Acting for a bidding consortium on the Humber River Regional Hospital project in Toronto, Ontario [more]
Bidding consortium Bridgepoint Hospital project
Acting for a bidding consortium on the Bridgepoint Hospital project in Toronto [more]
Successful proponent in North West Anthony Henday Drive project
Acting for the successful proponent in relation to the North West Anthony Henday Drive project in Edmonton, Alberta [more]
Acted for Hochtief PPP North American Solutions in the Ontario Provincial Police modernization project involving new OPP facilities in 16 communities across Ontario [more]
Acting for senior lenders to a consortium bidding on the Waterloo Region Consolidated Courthouse project [more]
Senior lenders consortium bidding on the Toronto South Detention Centre Project
Acting for senior lenders to a consortium bidding on the Toronto South Detention Centre project in Toronto, Ontario [more]
Case involving disability insurance contracts and allegations of misrepresentation and material non-disclosure
Co-counsel for a professional client to enforece a series of disability insurance contracts and to defend allegations of misrepresentation and material non-disclosure. [more]
Complex product liability case involving several Canadian asbestos mining corporations and manufacturers
Counsel for a subsidiary of a U.S. multi-national corporation in a complex product liability action commenced in B.C. against several Canadian asbestos mining corporations and manufacturers of asbestos [more]
Personal injury case involving a fatal collision between two boats
Co-counsel for the plaintiff at trial and on appeal in a fatal accident claim under the Canada Shipping Act, which involved a collission between a tug/barge and a small fishing vessel that claimed the [more]
Counsel for the personal and corporate defendants of a U.S. multi-national corporation and its Canadian subsidiary in a wrongful dismissal action. [more]
Counsel for an insurer in an action brought by the widow of the insured for accidental death benefits against five different insurers. [more]
Disability benefits and wrongful dismissal case
Counsel for the trustees of a health and welfare benefits trust in an action brought by a former employee for disability benefits, wrongful dismissal, and punitive damages [more]
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 [more]
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. [more]
Alberta mining corporation acquisition of an Alabama coal mine and concurrent financing
Lead counsel acting for a public Alberta mining corporation in the $12 million acquisition of an Alabama coal mine and the $11.5 million concurrent convertible debenture financing [more]
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 [more]
Acted on the purchase of the Mount Holberg Wind Energy Project in British Columbia [more]
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 [more]
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. [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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. [more]
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 [more]
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, [more]
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. [more]
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. [more]
Acted for PricewaterhouseCoopers Inc. the Court-appointed Monitor in the Interact companies' unsuccessful Companies' Creditors Arrangement Act proceedings [more]
Represented PricewaterhouseCoopers in their role as court-appointed Monitor in Companies' Creditors Arrangement Act proceedings commenced with respect to NEMI Northern Energy & Mining Inc. [more]
Advising employers during union certification attempts
Providing employers with legal advice during union certification attempts and organizing campaigns and related litigation before the Ontario Labour Relations Board [more]
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. [more]
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 [more]
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. [more]
Acting for a Mexican-based steel fabricator and distributor in establishing a Canadian subsidiary to expand its market into Canada and globally. [more]
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. [more]
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. [more]
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. [more]
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. [more]
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 [more]
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 [more]
Dundee Securities Corporation $10.5 million debenture financing of Saskatchewan-based public industrial minerals corporation
Member of the counsel team acting for Dundee Securities Corporation in the $10.5 million debenture financing of a Saskatchewan-based public industrial minerals corporation. [more]
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. [more]
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 public Alberta oil and gas corporation. [more]
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. [more]
Successfully defending a Franco-Liberian commercial shipping company in litigation related to aircraft financing partnerships with a German bank and a Netherlands Antilles company. [more]
Acting for Corporate Trustees in the Channel Islands in a successful pursuit of assets invested in defunct Gibraltar and UK mezzanine finance lending vehicles. [more]
Acting for parties to First Nation joint ventures to perform infrastructure work on power projects
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 [more]
Acting for Carillion Secure Solutions on a PPP to design, build, finance and maintain a new Forensic Services and Coroners' complex in Toronto, Canada. [more]
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. [more]
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 [more]
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. [more]
Acted for one of Alberta's leading construction contractors in respect of the design and construction of 300,000 square feet of warehouse facilities. [more]
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" [more]
Acting on behalf of North America's largest provider of funeral, cremation and cemetery services in land acquisition, disposition and development transactions [more]
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 [more]
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 [more]
A member of team advising a short-listed bidder on the Evergreen Line rapid transit project connecting Coquitlam to Vancouver, British Columbia (current) [more]
Advised equipment suppliers and project developers as they established new businesses related to the Ontario Power Authority's Feed-in Tariff program [more]
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 [more]
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 [more]
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. [more]
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. [more]
Advising a Somali-Djiboutian transport firm regarding a high-profile dispute with the World Food Programme concerning the delivery of food aid in Somalia. [more]
Advising a national pension fund on how to conduct an internal investigation of employees and suppliers suspected of being involved in fraudulent procurement practices [more]
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 [more]
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 [more]
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 [more]
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) [more]
Assisted with the sale of Emission Performance Credits (EPCs) to a regulated emitter to permit compliance with Alberta's Climate Change Regulatory Regime [more]
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. [more]
Represented a multi-faith coalition of religious minorities challenging the constitutionality of the Ontario government educational policy regarding alternative sch [more]
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 [more]
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. [more]
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 [more]
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. [more]
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 [more]
Brown and Brown v. Municipal District of Foothills No. 31 and Cambrin [1983] A.J. No. 1109
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 [more]
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 [more]
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. [more]
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 [more]
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. [more]
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. [more]
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. [more]
Acted for Columbia Basin Trust, for regulatory, and corporate work in connection with four different hydro electric power projects within the Kootenay region [more]
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. [more]
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-go [more]
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 [more]
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 [more]
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 [more]
Appointed by the Chief Justice Of Alberta to argue a constitutional reference before the Alberta Court of Appeal and the Supreme Court of Canada. [more]
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 [more]
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 [more]
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. [more]
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. [more]
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 [more]
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. [more]
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. [more]
Counsel in a negligence suit brought against the Canadian Food Inspection Agency for publications issued concerning the alleged contamination of the plaintiffs' food products. [more]
Counsel in two cost recovery actions commenced pursuant to the Environmental Management Act against a motor fuel company with respect to hydrocarbon contamination. [more]
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. [more]
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 [more]
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 [more]
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.
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 [more]
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 [more]
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. [more]
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 [more]
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
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 [more]
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 [more]
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 [more]
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. [more]
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 [more]
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. [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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. [more]
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. [more]
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 [more]
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 [more]
Lead counsel to Bonduelle Canada inc. in connection with its acquisition of the assets of Family Tradition (Frozen vegetables processor) (Ontario). [more]
Lead counsel to Bonduelle Canada inc. in connection with its acquisition of the assets of Omstead Foods (Frozen vegetables processor) (Ontario). [more]
Lead counsel to Bonduelle S.A. (France) in connection with its acquisition of Carriere Foods Inc. (Frozen vegetables processor) (Quebec and Ontario). [more]
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 [more]
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, [more]
Represented a manufacturing company in establishing a joint venture in China with a Canadian listed company with initial investments of RMB 50 million. [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
Acting for a national company on an application to compel an Internet service provider to disclose the identity of individuals associated with cyber-attacks [more]
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 [more]
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) [more]
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 [more]
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 [more]
New Skeena Forest Products ("Skeena #3") - Restructuring counsel in New Skeena's reorganization proceedings under the Companies' Creditors Arrangement Act [more]
Niagara Gorge Jet Boating Ltd. v. AXA Canada Inc. (2006), 80 O.R. (3d) 211 (Ont. S.C.)
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
Participated in multiparty litigation arising out of the bankruptcy of a Lower Mainland transportation company and the wind-up of its pension plan [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
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 [more]
Acted for a major publicly traded real estate company in its British Columbia shopping centre acquisitions, as well as acquisitions of redevelopment properties. [more]
Represented a company in an action under the Federal Bank Act for negotiating cheques that were fraudulently deposited into an employee's personal accounts. [more]
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 [more]
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. [more]
Representing an Alberta based oil and gas corporation in a $17 million plan of arrangement acquisition of an Alberta based oil and gas corporation [more]
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 [more]
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 [more]
Represented Brookfield Properties with respect to it $700 million investment to recapitalize properties held previously held by BCE Development Corporation [more]
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. [more]
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 [more]
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 [more]
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. [more]
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 [more]
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 [more]
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 [more]
Acting as co-counsel to a residential developer in obtaining Ontario Municipal Board approval for an employment land conversion in the Town of Ajax. [more]
Acting for a restaurant owner and franchisor in the establishment of a joint venture, including negotiation of a shareholders' agreement and licence/services agreement [more]
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 [more]
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. [more]
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 [more]
S.G.H. v. Gorsline [2001] A.J. No. 263 and A.J. No. 1021
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. [more]
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. [more]
Acting for a tenant engaged in private arbitration with its landlord concerning the proper interpretation of a rent renewal clause contained in the lease [more]
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. [more]
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 [more]
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 [more]
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 [more]
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. [more]
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. [more]
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. [more]
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 [more]
Worked with Goldcorp Inc., Pricewaterhouse Coopers, Thorsteinssons, and a large team of foreign advisers to paper a $1.5 billion capital restructuring for Goldcorp [more]
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 [more]
