Year called to bar: 1994 (AB); 1997 (England & Wales)
Sean Smyth, QC is a member of McCarthy Tétrault’s Litigation group. As an advocate in contentious matters, Sean has appeared before all levels of courts in Alberta, the superior courts of Ontario, Manitoba, Saskatchewan, and British Columbia, the Federal Court of Canada, the Supreme Court of Canada, and a variety of regulatory, disciplinary, and arbitral tribunals. Sean has represented clients from numerous industry groups such as construction, oil and natural gas, transportation, pharmaceuticals, agro-sciences, telecommunications, manufacturing, and real estate in contentious matters involving commercial contracts, shareholders’ rights, directors’ liabilities, securities, real estate transactions, product liability, intellectual property rights, class actions, and other matters related to corporate law, commercial transactions, and commerce. Sean is also frequently called upon by clients to provide opinions concerning contractual provisions, tort and equitable obligations, statutory interpretation, and constitutional matters and advice in contract negotiations, merger and acquisition transactions, and transactions requiring court approval.
On January 31, 2018, Xylem Inc., a leading global water technology company, completed the acquisition of Pure Technologies Ltd. for $9.00 per share in cash, representing an enterprise value of $509 million. The transaction, initially announced on December 11, 2017, was effected by way of a plan of arrangement under the Business Corporations Act (Alberta).
On September 1, 2015, Enbridge Inc. announced the closing of the transfer of its Canadian Liquids Pipelines business, comprised primarily of Enbridge Pipelines Inc. and Enbridge Pipelines Athabasca Inc., and certain Canadian renewable energy assets (the Transaction) to an indirect subsidiary of Enbridge Income Fund (the Fund) for $30.4 billion together with certain Incentive/Performance Rights. A joint special committee (the Special Committee) of the Board of Directors of Enbridge Income Fund Holdings Inc. (EIFH) and the Board of Trustees of Enbridge Commercial Trust (ECT) was formed to review and consider the Transaction, conduct due diligence and negotiate the terms of the Transaction on behalf of EIFH, the Fund and ECT.
NorthWest Healthcare Properties Real Estate Investment Trust (NWH) and NorthWest International Healthcare Properties Real Estate Investment Trust (NWI) completed a plan of arrangement under the Business Corporations Act (Alberta) in which NWI and NWH combined to create a leading global diversified healthcare real estate investment trust with over $2 billion of assets.