Derek advises clients on a broad range of corporate matters, including banking, private equity, corporate finance, public–private partnership transactions, corporate reorganizations, and general corporate matters. He works in close partnership with his clients, advising banks, private equity firms, manufacturing, and service businesses of all sizes—in Canada, the United States, Europe, and Asia. He has significant expertise advising on major syndicated credit facilities, acting for both borrowers and lenders. Derek regularly consults on public–private infrastructure projects and acts in diverse sectors, including real estate, manufacturing, consumer goods, mining, and renewable energy. Derek teaches the Advanced Business Law course at Osgoode Hall Law School and has also lectured at Western University and University of Toronto Faculty of Law. Select Recognition: Chambers Global; Chambers Canada; IFLR1000; Who’s Who Legal: Banking; Lexpert® Special Edition – Energy, Finance and M&A, and Infrastructure; The Best Lawyers in Canada.
Digital Colony, the global digital infrastructure investment platform of Colony Capital, Inc., and a leading investor, owner and operator of companies enabling the next generation of mobile and Internet connectivity, acquired Beanfield Technologies Inc. (Beanfield)
On February 1, 2019, AltaGas Ltd. sold certain of its Canadian midstream and power assets to affiliates of Birch Hill Equity Partners for $165 million. The sale included selected non-core smaller scale gas midstream and power assets in Canada, as well as AltaGas’s commercial and industrial customer portfolio in Canada, and also included the 43.7 million shares of Tidewater Midstream and Infrastructure Inc.
On September 1, 2017, adidas AG completed its divestiture of CCM Hockey to a newly formed affiliate of Birch Hill Equity Partners for US$110 million, subject to customary adjustments. CCM Hockey consists of its main operations in Montréal as well as operations in the US, Sweden, Norway and Finland.
Cline Mining Corporation (Cline), a publicly-traded Toronto-based mining and resources company, completed a recapitalization and refinancing transaction, which included the conversion of $110 million of secured debt into new common shares representing 100 per cent of the equity in Cline, the issuance of $55 million of new secured debt and the settlement of significant class action claims under The US Worker Adjustment and Retraining Notification Act (US Warn Act).
In Canada’s largest M&A transaction of 2014, US-based Burger King Worldwide Inc. acquired Tim Hortons Inc. in a $12.5-billion deal that created a global powerhouse quick service restaurant company based in Canada. Combined, the company now has more than 18,000 restaurants in 100 countries.
Lundin Mining Corporation completed the acquisition of an 80 per cent ownership stake in the Candelaria/Ojos del Salado copper mining operations and supporting infrastructure from Freeport-McMoRan Inc., for approximately US$1.8 billion.
VimpelCom Ltd. and its affiliates completed the sale of all of their debt and equity interests in the Globalive group of companies, including Globalive Wireless Management Corp., the operator of WIND Mobile, to a consortium of investors. The investor group included West Face Capital, Tennenbaum Capital Partners, LG Capital Investors, Serruya Private Equity, Novus Wireless Communications and Globalive Capital, the investment company of WIND Mobile co-founder Anthony Lacavera.