Agnico Eagle to Acquire O3 Mining
Dec. 19, 2024 – Davies is acting for Agnico Eagle Mines Limited in its C$204-million strategic acquisition of O3...
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Dec. 19, 2024 – Davies is acting for Agnico Eagle Mines Limited in its C$204-million strategic acquisition of O3...
Dec. 12, 2024 – Davies recently acted for former Toronto Blue Jays players Russell Martin and Joshua Donaldson in a...
Nov. 27, 2024 – Davies acted for Montréal-based Groupe Dynamite Inc. (GDI) in its C$300-million...
Nov. 11, 2024 – Davies acted for Saline Investments Ltd. in successfully defending against recent enforcement...
Acting for Maple Leaf Foods Inc., as well as several current and former executives of the company, in complex litigation pending before the Ontario Superior Court of Justice against Grupo Bimbo S.A.B. de C.V. and Canada Bread Company, Ltd. involving claims of more than C$2.2 billion arising from the 2014 sale of Canada Bread to Grupo Bimbo, as well as allegations concerning price-fixing in the bread industry in Canada.
Acted for AirBoss of America Corp. in connection with the refinancing of its senior secured credit facilities with a new US$125 million asset-based lending revolving facility provided by a syndicate of lenders led by The Toronto-Dominion Bank and Canadian Imperial Bank of Commerce and a US$55 million term loan facility provided by Great Rock Capital Partners.
Acted as Canadian counsel to SureKap, a portfolio company of LFM Capital, in its acquisition of Kraken Automation Inc., a leading provider of automated packaging systems.
Acting for Mantle Ridge LP on an activist engagement relating to Air Products and Chemicals Inc.
Acted as tax counsel to ALT 5 Sigma Inc., a leading next generation blockchain financial technology provider, in its acquisition by JanOne Inc.
Acting for Patriot Battery Metals, a lithium exploration and development company, in the C$69-million strategic investment, offtake and strategic partnership with Volkswagen and PowerCo, to supply Volkswagen’s battery subsidiary PowerCo's battery cell production activities in Europe and North America.
Acting for Business Development Bank of Canada with the CCAA restructuring of Elna Medical Group, a Québec-based medical clinic consolidator and operator comprising more than 100 clinics and points of care in five provinces.
Acting for Dollarama L.P. with its acquisition of lands in the Calgary metropolitan region, Alberta for a total cash consideration of C$46,700,000. Such lands will be used to build a warehouse and second distribution centre to service stores in Western Canada. The construction of the logistics hub, excluding land acquisition costs, is currently anticipated to require total capital expenditures of approximately C$450,000,000.
Acted for Golden Ventures in connection with the formation of its fifth fund, Golden Ventures V, a leading seed-stage venture capital fund investing across North America.
Acted for Canada Infrastructure Bank in its financing of HTEC Hydrogen Technology & Energy Corporation to construct and operate a hydrogen liquefaction facility in Vancouver, British Columbia, as well as three gaseous hydrogen production facilities in Burnaby, Nanaimo and Prince George, in addition to construction and operation of 20 hydrogen fueling stations in Western Canada.
Successfully represented Russell Martin and Joshua Donaldson, former Toronto Blue Jays players, in their tax disputes before the Tax Court of Canada against the Canada Revenue Agency. The case centered on the correct computation of their income earned in Canada under the Income Tax Act, specifically the proper allocation of employer contributions to Retirement Compensation Arrangements and their exclusion from taxable Canadian-source income.
Acted for Xplore Inc., a leading provider of high-speed broadband services to Canadians in rural communities, in connection with a comprehensive recapitalization that included more that $1.6 billion of new funding being committed to Xplore’s fibre-to-the-home network roll-out by private debt and equity providers and under federal and provincial government broadband programs.
Acting for Stonehouse Capital Management in connection with Stonehouse’s successful engagement with D-Box Technologies Inc. for board change.
Acted for ArcTern Ventures in the formation of its third flagship fund, ArcTern Ventures Fund III, a US$335 million venture capital fund focused on climate technology companies around the world.
Acting for Canada Growth Fund and Canada Growth Fund Investment Management Inc. with an equity investment of US$25 million in Nouveau Monde Graphite Inc., an integrated Québec-based company specializing in graphite mining and processing. This investment marks CGF’s first transaction in critical minerals sector and its first direct investment in Québec.
Acted for Cominar Real Estate Investment Trust with the sale of a property located at 975 St-Joseph Blvd. in Gatineau, Québec, to the City of Gatineau.
Acting on a pro bono basis for the British Columbia Civil Liberties Association as intervener before the Supreme Court of Canada in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), a constitutional challenge of certain provisions applicable to the adjudication of disciplinary offences in Saskatchewan correctional facilities.
Advising Earth Alive Clean Technologies Inc. (TSXV: EAC) with its restructuring under the Bankruptcy and Insolvency Act.
Acted for Glencore Canada Corporation in its dispute before the Tax Court of Canada and Federal Court of Appeal with respect to the tax treatment of break fees.
Acted for Knight Therapeutics in the establishment of an exclusive supply and distribution agreement with Ironshore Therapuetics Inc, granting Knight the rights to seek regulatory approval and commercialize JORNAY PM® in Canada and Latin America.
Acted for a public company in defence of a proposed securities class action alleging misrepresentations contrary to the Securities Act (Ontario) in connection with government contracting and the importation of goods.
Acted for Canada Pension Plan Investment Board, as selling unitholder, in connection with an aggregate $75 million public treasury and secondary offering of Primaris REIT units. The units sold by CPPIB were acquired on the exchange of $50 million aggregate face value of 6.25% preferred units exchangeable into Primaris REIT units that were received as consideration in connection with the sale of its 50% interest in the Les Galeries de le Capitale mall in Quebec City to a subsidiary of Primaris REIT.
Acting for Agnico Eagle Mines Limited in its acquisition of O3 Mining Inc. by way of a friendly take-over bid valued at C$204 million.
Acted for BrandProject in connection with the formation of BrandProject Capital Fund II LP, an early-stage venture capital fund focused on making investments in next generation consumer product, service, and technology companies across North America.
Acted for Fortis Inc. in the renewal of its at-the-market public offering of up to C$500-million of common shares, which may be sold through the Toronto Stock Exchange, the New York Stock Exchange or on any other marketplace in Canada or the United States on which the common shares are traded.
Acting for LBC Capital inc. in Chrono Aviation's restructuring under the Companies’ Creditors Arrangement Act proceeding.
Acted for funds affiliated with Viking Global Investors LP in connection with Valsoft Corporation Inc.'s note issuance in an initial aggregate amount of US$170-million to Coatue Management and funds affiliated with Viking Global Investors LP.
Acting for Whitefort Capital Management, LP in its shareholder engagement with Arbutus Biopharma Corporation regarding strategic direction and capital allocation.
Acted for Knights Therapeutics Inc., as licensee of Antibe Therapeutics Inc., in Antibe’s restructuring under the Companies’ Creditors Arrangement Act and receivership proceedings.
Acted for Cookin Inc. in its all-stock sale to CookUnity, a U.S.-based chef-made meal delivery startup.
Acted for MacKinnon, Bennett & Co. in the formation of MKB Partners Fund III, a private equity fund that invests in the energy, mobility, built environment and related industrial sectors of the energy transition.
Acted for Saline Investments Ltd. in successfully defending against enforcement proceedings commenced by the Ontario Securities Commission alleging violations of the Securities Act (Ontario) in respect of certain short selling and securities lending transactions.
Acted for Russel Metals Inc. in the establishment of a $600 million credit facility.
Acted for Groupe Dynamite Inc., a Canadian women's clothing retailer, in its C$300-million initial public offering of subordinate voting shares, valuing the company at C$2.3 billion.
Acted for Oxford Properties Group and Canada Pension Plan Investment Board in its C$325-million sale of Les Galeries de le Capitale, a super regional enclosed shopping centre located in Quebec City, to Primaris Real Estate Investment Trust.
Acted for Oxford Properties Group and Canada Pension Plan Investment Board with the negotiation of sale and purchase agreement, disclosure schedules and terms and conditions of employment in connection with the C$325-million sale of Les Galeries de le Capitale, a super regional enclosed shopping centre located in Quebec City, to Primaris Real Estate Investment Trust.
Acted for a syndicate of agents co-led by BMO Nesbitt Burns Inc. and RBC Dominion Securities Inc. in the C$500-million public offering of medium-term notes by 407 International Inc.
Acted for U.S. activist shareholder Engine Capital LP in connection with its successful proxy contest at Dye & Durham Limited, a TSX-listed global provider of legal software and technology solutions, resulting in the election of Engine’s entire slate of six directors to the seven-person board and the resignation of the incumbent CEO.
Acted for Motif Labs Ltd., in its C$90-million sale to Organigram Holdings Inc.
Acted for The Canada Life Assurance Company and its affiliates in connection with the refinancing of the 49.9 MW Ashlu Creek run-of-river hydroelectric power generating plant owned by Innergex Renewable Energy Inc. The facility is located approximately 35 kilometres northwest of Squamish, British Columbia, on Ashlu Creek, a tributary of the Squamish River. All of the power generated at Ashlu Creek is covered by a 30-year power purchase agreement with BC Hydro, which will expire in 2039.
Acted for a leading cinema operator in its successful tax dispute with the Canada Revenue Agency in connection with the treatment of the sale of a movie theatre as a capital versus income gain.
Acted for Alfar Capital Partners in the formation and fundraising of its second private equity fund, Alfar Capital Partners II, L.P., that invests in a diversified portfolio of companies in various business sectors in the Provinces of Québec and Ontario.
Acting for The Body Shop Canada Limited Inc. with its restructuring under the Companies' Creditors Arrangement Act, which include liquidating 33 stores across Canada.
Successfully defended Continental Casualty Company (CNA) in the Ontario Superior Court of Justice in a class action in which billions of dollars of claims were asserted by or on behalf of thousands of businesses throughout Canada for business interruption coverage arising from the COVID-19 pandemic. This matter was decided by a Justice of the Commercial List in early June 2023 in favour of CNA and other insurers following a multi-week common issues trial. This is the first case to determine authoritatively at trial in Canada that the SARS-CoV-2 virus does not cause “physical loss or damage to property”, and that mere loss of use of property resulting from the COVID-19 pandemic does not trigger coverage under ordinary commercial property insurance policies.
Acted for Claridge IC Properties 4, Limited Partnership with the acquisition, in a joint venture with Colonnade Bridgeport, of a property in the City of Ottawa, for the purposes of the development of a residential project comprising approximately 127 rental units.
Acted for the selected consortium formed by Plenary Americas, Phoenix Infrastructure Group and EllisDon Capital for the design, build, finance and maintenance of eight new schools as a part of the second phase of the Blueprint Schools program in Prince George County, Maryland.
Acted for PSP Investments with the establishment of its new wholly-owned subsidiary, Canada Growth Fund Investment Management Inc., and the negotiations with the Government of Canada and Canada Development Investment Corporation in connection with the management of the newly-established $15-billion Canada Growth Fund.
Acted for Alaris Equity Partners in its strategic recapitalization of Ohana Growth Partners, LLC, a leading Planet Fitness® franchisee.
Acting as co-counsel to Allstate Insurance Company of Canada in defence of a class action seeking statutory overtime, vacation and holiday pay on behalf of thousands of current and former Allstate employees.
Acted for Mastermind Toys in its proceedings under the Companies' Creditors Arrangement Act, which included liquidating 18 stores and the sale of majority of its locations to Mastermind Toys Inc., a subsidiary of Unity Acquisitions Inc.
Acted for Camac Partners, LLC in connection with its shareholder engagement with Rocky Mountain Liquor Inc. regarding board composition, governance and strategic matters, which culminated in an agreement to appoint two of Camac’s nominees to the Rocky Mountain board.
Acted for PSP Investments in the sale of its interest in an industrial property located at 7900 Airport Road in Brampton, Ontario, to Unilever Canada Inc.
Acted for York Energy Centre LP in connection with the refinancing of its existing credit facilities with new letter of credit and term loan facilities. The nominal 456 MW York Energy Centre (YEC) is located northwest of Newmarket, Ontario in the Township of King. The facility is jointly owned in a 50/50 partnership between Capital Power Corporation and The Manufacturers Life Insurance Company. It is operated by Capital Power. The facility is fully contracted with the Ontario Independent Electricity System Operator until 2035.
Acted for Oxford Properties Group and Canada Pension Plan Investment Board in the C$325-million sale of Les Galeries de le Capitale, a super regional enclosed shopping centre located in Quebec City, to Primaris Real Estate Investment Trust. Primaris agreed to fund C$155 million of the purchase price with equity, comprised of (1) 2.5 million Primaris units, subject to Primaris’ right (which was exercised) to instead pay C$34 million in cash, and (2) C$100 million aggregate face value of 6.25% preferred units exchangeable into Primaris units.
Acted for Maryland and Energy Impact Partners, a Plenary Americas-led consortium including Kiewit Development Company, Kiewit Power Constructors, Honeywell International, in its winning bid to design, build, finance, operate and maintain the NextGen Energy Program, a district energy system for the University of Maryland.
Acted for Newmont Mining Corporation, Fronteer Gold Inc. and its founder Mark O’Dea in a successful defence against a claim for over C$1.2 billion in damages and other relief asserted by Jacqui Safra and his holding company, NWG Investments Inc. Safra alleged fraud and misrepresentation concerning a transaction in which Fronteer acquired a mineral exploration company he founded and controlled. Safra’s claim was commenced after the newly formed Government of Nunatsiavut imposed a moratorium on uranium mining in April 2008. Justice Steele of the Superior Court of Ontario dismissed the claim on the grounds of delay in August 2023. Mr. Safra’s appeal from the decision of Justice Steele was dismissed from the bench by the Court of Appeal for Ontario in May 2024.
Acted for a confidential client in connection with an investigation by the Directeur général des élections du Québec.
Acting for CrossingBridge Advisors, LLC in Tacora Resources Inc.'s proceedings pursuant to the Companies' Creditors Arrangement Act.
Acted for Claridge IC Properties 4, Limited Partnership with the acquisition, in a joint venture with Endevco and Palomino, of a property in the City of Gatineau, and its related acquisition financing, for the purposes of the development of a residential project comprising approximately 298 rental units and ancillary commercial space.
Acted for Altus Capital Partners, Inc., a private equity buyout fund based in Connecticut, in its new platform investment – a leveraged buyout of Air Innovations, LLC, a manufacturer of speciality environmental control units for demanding applications.
Acted for AFC Toronto, Toronto’s first professional women’s soccer club, in its brand launch of the Northern Super League, a new Canadian women’s pro soccer league that will kick off a 25-game season in April 2025 with franchises in Ottawa, Montreal, Vancouver, Toronto, Halifax and Calgary. By providing expertise and time pro bono, Davies laid a strong foundation for the club and took the lead in negotiating and documenting the deal to form the league. This work is one of several pro bono mandates that we have taken on relating to women in sports.
Acted for Axium Infrastructure in its C$340-million acquisition of a 49% interest in a 246-MW wind facility portfolio from Capital Power, consisting of the Quality Wind facility in British Columbia and the Port Dover and Nanticoke Wind facility in Ontario.
Acting for FTI Consulting Canada Inc. in its capacity as the neutral, court-appointed monitor of Imperial Tobacco Canada Limited and its affiliates in proceedings under the Companies’ Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code involving a historic C$32.5-billion plan of compromise and arrangement to settle tobacco-related liabilities.
Acted for Potentia Renewables Inc. and its affiliates in a contractual dispute with the Independent Electricity System Operator (IESO) regarding Potentia's right to optimize solar projects.
Acted for Fortis Inc. in its C$500-million offering by private placement of 4.171% senior unsecured notes due September 9, 2031.
Acted as counsel to Algoma Power Inc., a wholly-owned subsidiary of FortisOntario Inc., in connection with the issue and sale by Algoma of C$55-million principal amount of 5.054% senior unsecured notes due August 22, 2054, on a private placement basis.
Acting for the debtor in a confidential restructuring and wind down involving three separate agricultural companies across Canada and the U.S. with combined annual revenue in excess of $50 million.
Acted for Russel Metals Inc. in its US$79.5-million acquisition of Tampa Bay Steel Corporation, a processor and distributor of metal products.
Acted for a global supplier of medical devices in responding to a ransomware incident.
Advised a U.S.-based distributor of plumbing supplies in connection with a cybersecurity incident affecting the acquisition of its affiliate, including successfully negotiating follow-on remediation with regulators.
Acted for Ruck Lane Inc., a real estate-focused venture capital investor, in its strategic partnership with Private Pension Partners, which offers a fully integrated real estate service platform to institutional and high-net-worth clients, including asset management, development, property management, leasing and brokerage services.
Acted for a Canadian nonprofit research organization in connection with a dispute with its former general counsel and related investigation.
Acted for Novacap, a leading Canadian private equity firm, in connection with the rollover of its investment in the approximately $6.3-billion privatization of Nuvei Corporation to a new continuation vehicle and other Novacap funds.
Acting for Southwest Critical Minerals LLC, an affiliate of Kinterra Capital Corp., in its US$128-million acquisition of substantially all of the assets of Nevada Copper Corp., through a stalking horse bid in the sale process under Chapter 11 of the U.S. Bankruptcy Code which was recognized in Canada under the CCAA.
Acting for a Canadian mid-market private equity firm on a cybersecurity incident involving a business email compromise and attempted fraudulent wire transfer.
Acting for a Canadian automotive group in cybersecurity matters.
Acted as Canadian counsel to the initial purchasers, led by BofA Securities, in the private placement of US$200 million of high-yield notes of a Canadian private issuer.
Acted for a confidential client in a series of disputes related to one of Canada’s most significant ongoing PPP projects.
Acting as Canadian counsel to Maistros Shiptrade Limited, a company affiliated with the Angelicoussis Group, in its acquisition of Altera Shuttle Tankers LLC from Altera Infrastructure Holdings LLC, a leading shuttle tanker provider in Brazil, Canada and the North Sea.
Acting for Post Road Specialty Lending Fund II LP, as well as MBL as the agent for the Post Road Group lenders, on restructuring and insolvency matters in connection with Post Road’s investment in Trade X Group of Companies and Wholesale Express.
Acting for Amcor Rigid Plastics USA, Inc. in the sale of its 50% interest in Bericap North America, a 50/50 joint venture between Amcor and Germany-based Bericap Holding GmbH that manufactures closures for beverage, food and industrial end markets in the U.S., Canada and Mexico.
Advising a large optical products retailer on general privacy and compliance matters as well as its response to a ransomware incident and related investigation with cross-border implications.
Acting for PricewaterhouseCoopers Inc., SAI in its capacity as trustee of Just for Laughs Group in proceedings under the Companies' Creditors Arrangement Act.
Acting for Louis Dreyfus Company Canada in prosecuting injunction proceedings relating to its operations in Port Cartier, Quebec.
Acted for Scotia Capital Inc., BMO Nesbitt Burns Inc., TD Securities Inc. and a syndicate of agents in Videotron Ltd.’s inaugural C$1-billion offering of investment grade bonds, comprised of C$600 million of 4.65% Series 1 Senior Notes due July 15, 2029, and C$400 million of 5% Series 2 Senior Notes due July 15, 2034.
Acted as Canadian counsel to the initial purchasers, led by J.P. Morgan, in the private placement of US$500 million of senior notes of GFL Environmental Inc.
Acting for the Airports Authority of India in defending against the enforcement of foreign arbitral awards issued against the Republic of India, including on the basis of foreign state immunity.
Acting for Aecon Construction Group Inc. in its acquisition of substantially all of the assets of United Engineers & Constructors, Inc.
Acting for a confidential qualified phase 2 bidder of substantially all assets of Silicon Valley Bank Canada following its very public collapse in March 2023
Acted for Caisse de dépôt et placement du Québec and CDP Financial Inc. with the offering by CDP Financial of US$1.5 billion of Series 20 Notes due in 2029 under its Senior Notes Program.
Acted as Canadian counsel to PPG Industries Inc. in the US$550-million sale of 100% of its architectural coatings business in the U.S. and Canada to American Industrial Partners.
Acting for provincial lottery corporations representing seven out of 10 provinces in a criminal law reference before the Court of Appeal for Ontario concerning the scope of a province’s authority to conduct and manage online gambling with international aspects.
Acted for Grup Mediapro S.L.U. in a litigation settlement with CSB, LP, culminating in a transaction pursuant to which Mediapro sold its Canadian business, consisting of the OneSoccer Channel, to CSB.
Acted as Canadian counsel to Flex Ltd. in its US$325-million acquisition of Crown Technical Systems, a provider of integrated power distribution and protection systems.
Acted as Canadian counsel for a syndicate of underwriters led by National Bank Financial Markets, BMO Capital Markets and RBC Capital Markets in connection with IAMGOLD Corporation's US$300-million public offering of common shares, conducted concurrently in Canada (excluding Québec and Nunavut) pursuant to Canadian prospectus requirements and in the United States pursuant to the U.S. multijurisdictional disclosure system.
Advised a public mining company in relation to planning for and responding to data security incidents.
Acted for McDonald’s Corporation in the private placement of C$1 billion of its fixed rate “Maple bonds”, McDonald’s first maple bond sale in the Canadian market since 2017.
Acted for Nasdaq-listed Bit Digital, Inc. in its acquisition of Enovum Data Centers Corp., a Montreal-based owner, operator, and developer of high-performance computing datacenters.
Acting for the heir of a substantial estate in connection with multi-jurisdictional shareholder and fraud litigation and investigations.
Acted for New Gold Inc. in its US$173-million cross-border bought deal equity financing conducted by a syndicate of underwriters led by CIBC Capital Markets.
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