79 Wellington St W, Suite 3000, Box 270, TD Ctr, Toronto, ON
Year called to bar: 1996 (ON)
Advises domestic/international clients on all aspects of competition law. Provides strategic advice to firms involved in mergers, cartel and abuse of dominance investigations under the Competition Act. Also advises clients on net benefit and national security reviews under the Investment Canada Act. Has represented numerous foreign investors, including State Owned Enterprises, as well as domestic targets in acquisition transactions. Author of the Annotated Competition Act and the Annotated Investment Canada Act. Member of Executive Committee of Canadian Bar Association’s National Competition Law Section. Past-Chair of the Section’s Mergers and Foreign Investment Review committees. Member of the CD Howe Institute's Competition Policy Council and private sector adviser to the International Competition Network. Ontario Bar, 1996. LLM (European Union competition law), 1996, Stockholm University. LLB, 1994, University of Toronto. Ontario Bar, 1996. Solicitor, England and Wales, 2003.
Kissner Group Holdings LP (“Kissner”) completed its acquisition of NSC Minerals Ltd. (“NSC”), a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners.
On May 31, 2018, an affiliate of Fairfax Financial Holdings Ltd. (Fairfax) acquired all of the share capital and business of Toys “R” Us (Canada) Ltd. Toys “R” Us (Canada) Ltee (Toys Canada) for a purchase price of $300 million subject to certain working capital adjustments. The share transaction, which was completed in connection with Toys Canada’s emergence from restructuring proceedings under the Companies’ Creditors Arrangement Act (the CCAA) and Chapter 11 of the U.S. Bankruptcy Code, has enabled Toys Canada to continue as a going concern without compromising creditor claims and preserved Toys Canada’s position as Canada’s leading toy and baby retailer.
On March 28, 2018, Platinum Equity Capital Partners IV (Platinum Equity) completed the acquisition of Husky Injection Molding Systems (Husky) from Berkshire Partners and OMERS Private Equity for $4.95 billion (US$3.85 billion). Based in Bolton, Ont., Husky is a global supplier of highly engineered injection molding equipment and services for the plastic injection molding equipment industry, and a leading provider of PET systems, hot runners, aftermarket tooling, medical molds and specialty closure molds.
On November 23, 2017, Alamos Gold Inc. (Alamos) completed its previously announced acquisition of all of the issued and outstanding shares of Richmont Mines Inc. (Richmont) pursuant to a plan of arrangement. Under the terms of the arrangement, Richmont common shares were exchanged on the basis of 1.385 Alamos common shares for each Richmont common share. Upon closing, Alamos has approximately 389,059,503 Class A shares outstanding with former Alamos shareholders and former Richmont shareholders owning approximately 77 per cent and 23 per cent of the pro forma company, respectively.
On July 17, 2017, Norgine B.V., a European specialist pharmaceutical company, acquired all issued and outstanding shares of Merus Labs International Inc. (Merus), pursuant to a plan of arrangement for $1.65 per common share in cash, including the assumption of all debt obligations, for a total enterprise value of approximately $342 million.
In the culmination of a complex cross-border bankruptcy sales and auction process, on February 28, 2017, Performance Sports Group Ltd. (PSG) announced the completion of the sale of substantially all of its assets to an investor group led by Sagard Holdings Inc. (Sagard) and Fairfax Financial Holdings Limited (Fairfax) for US$575 million, subject to certain adjustments, and the assumption of related operating liabilities.
On December 2, 2016, DP World Limited (DP World) entered into a joint venture with Caisse de dépôt et placement du Québec (CDPQ) to create an investment platform focused on investing in ports and terminals globally (excluding the UAE).
On September 23, 2016, Inter Pipeline Ltd. (“Inter Pipeline”) completed its acquisition of The Williams Companies, Inc. and Williams Partners LP’s Canadian natural gas liquids (“NGL”) midstream businesses (“Williams Canada”) for cash consideration of $1.35 billion.
On July 18, 2016, Cheung Kong Infrastructure Holdings Limited (CKI), a Hong Kong-based global infrastructure company that holds diversified investments in energy infrastructure, transportation infrastructure, water infrastructure, waste management, and waste-to-energy and infrastructure-related business, and Power Assets Holdings Limited (PAH), a Hong Kong-based global investor in power and utility-related businesses with investments in electricity generation, transmission and distribution, renewable energy, and energy from waste and gas distribution, completed their $1.7-billion acquisition of 65-per-cent indirect ownership interest in select heavy oil pipeline and storage assets from Husky Energy (Husky) in Alberta and Saskatchewan, and related joint-venture, financing and commercial arrangements.
On April 29, 2016, the Bank of Nova Scotia (Scotiabank) sold the business operations and assets of Roynat Lease Finance, a lease financing business and a division of Roynat Inc., to Meridian Credit Union Limited (Meridian), Ontario’s largest credit union.
On October 8, 2015, TorQuest Partners, through a wholly owned acquisition vehicle, successfully acquired from Sentinel Capital Partners, together with the other shareholders of Spinrite Acquisition Corp. (Spinrite), all of the outstanding shares of Spinrite, following the completion of a reorganization of Spinrite.
On December 18, 2015, New Flyer Industries Inc. (New Flyer) completed its acquisition of Motor Coach Industries International, Inc. (MCI) from an affiliate of KPS Capital Partners, L.P. for cash consideration of US$455 million, subject to certain purchase price adjustments.
Roots Canada Ltd. (Roots) completed the sale of a majority stake in Roots to Searchlight Capital Partners, L.P. (Searchlight), with the co-founders Michael Budman and Don Green retaining a significant equity ownership. This investment will support the brand’s next phase of growth. The terms of the agreement were undisclosed.
Revera Inc. and Health Care REIT, Inc. (HCN) have completed a transaction resulting in shared ownership of an additional 23 Canadian seniors living residences previously owned by Revera. As a result of the transaction, Health Care REIT owns a 75 per cent interest in the approximately US$634 million portfolio and Revera owns the remaining 25 per cent in Manitoba. Revera continues to manage these residences, earning fees through an incentive-based management contract. The 23 seniors living residences comprising the portfolio have approximately 2,900 suites and are located primarily in major Canadian markets in Ontario, Alberta. The HCN-Revera joint venture now owns a total of 70 seniors living residences across Canada with an aggregate 7,900 suites
An affiliate of Mattamy Homes Ltd. acquired all of the issued and outstanding shares of Monarch Corporation, the Canadian operations of US homebuilder Taylor Morrison Home Corporation, for CAD$335 million at closing, subject to customary post-closing adjustments. Immediately prior to the closing, approximately C$235 million of cash at Monarch was distributed to a subsidiary of TMHC for total proceeds of C$570 million from the share sale. The transaction closed following the satisfaction of customary closing conditions, including clearance by the Canadian Competition Bureau.
Stornoway Diamond Corporation announced that it had closed its previously announced financing transactions with US private equity firm Orion Mine Finance, Investissement Québec (through its wholly owned subsidiaries Diaquem Inc. and Resources Québec) (“RQ”), and the Caisse de dépôt et placement du Québec to fund the construction of the Renard Diamond Project, Quebec’s first diamond mine.
Spear Street Capital LLC and its affiliates acquired the interests of BlackBerry Limited and its affiliates in the majority of BlackBerry’s real estate holdings in Canada located in Waterloo, Cambridge, Mississauga and Ottawa, Ontario, for approximately $305 million.
First Quantum Minerals Ltd. (“First Quantum” or the “Company”) and its wholly-owned subsidiary FQM (Akubra) Inc. (together, the “Offeror”) announced that, as of 5:00 p.m. EST on April 1, 2013, a total of 65,206,044 common shares of Inmet Mining Corporation (“Inmet”), representing 92.74 per cent of the outstanding Inmet shares (on a fully diluted basis), had been validly tendered to the Offeror's offer (the “Offer”) to acquire all of the outstanding shares of Inmet.