ONCAP LP, an investment fund run by Onex Corporation, acquired BAE SYSTEMS CANADA INC. (formerly Canadian Marconi Company) for $594 million, by way of a statutory plan of arrangement. The deal closed April 11, 2001.
The Torys team acting for ONCAP included Steve Donovan, Ed Nordholm, Adam Delean, Karrin Powys-Lybbe, Matt Cockburn, Michael Akkawi, Gregg Horne, Guy Berman and Craig Burley, with assistance from Jim Turner and Bill Charnetski, John Unger (tax), Arlen Sternberg, Kent Thomson, Jim Tory Jr. (litigation), Hugh O’Reilly (employment) and Dennis Mahony (environmental). BAE SYSTEMS CANADA INC. was represented by Ogilvy Renault, with a team that included Norman Steinberg, Ava Yaskiel, Alain Côté and Wendy Warhaft. Acting for BAE SYSTEMS (UK), the controlling shareholder of BAE SYSTEMS, was Stikeman Elliott, with a team consisting of John W. Leopold, Marc Barbeau, Fred Harvey, Steeve Robitaille and Philippe DeMontigny. The independent committee of BAE SYSTEMS CANADA was represented by Fasken Martineau DuMoulin LLP, by a team including Daniel Picotte, Peter Villani, Robert Paré and Claude Auger (tax).