We have advised on the following representative mandates.

Defence mandates

  • Canadian Oil Sands Ltd. in connection with the defence of the unsolicited take-over bid made by Suncor Energy Inc., which ultimately resulted in a negotiated transaction representing a total transaction value of $6.6 billion.
  • Agrium Inc. in its high-profile and successful defence opposite dissident shareholder JANA Partners LLC.
  • Tuckamore Capital Management Inc. in its high-profile defence opposite dissident shareholder Access Capital.
  • Genesis Land Development Corp. in a shareholder dispute opposite a dissident group which included Smoothwater Capital Corporation.
  • Bioniche Life Sciences Inc.  in its high-profile and successful defence opposite dissident shareholder William Wells.
  • Key REIT in its successful hostile takeover defence opposite dissident shareholder Huntingdon Capital Corp.
  • Viterra Inc. in its high-profile defence opposite dissident shareholder Alberta Investment Management Corp.
  • Telus Corporation in its high-profile and successful defence opposite dissident shareholder Mason Capital Management LLC. This proxy battle established Canada’s leading case law on “empty voting” and board duties upon receipt of a requisition.
  • Bennett Environmental Inc. in its high-profile defence opposite dissident shareholder Sam Belzberg. This proxy battle led to the first decision in Canada on duties of a board during a proxy fight.
  • Mundoro Capital Inc. in its successful defence opposite a dissident shareholder group. This proxy battle established the “Advance Notice Policy” in Canada.
  • Maudore Minerals Ltd. opposite dissident shareholder Anglo Pacific Group PLC. This proxy battle established law on meeting protocols.
  • Helix Biopharma Corp. opposite a dissident shareholder group.
  • Euromax Resources Ltd. opposite a dissident shareholder group.
  • Sierra Geothermal Power Corp. opposite a dissident shareholder group.
  • Roxgold Inc. opposite a dissident shareholder group.
  • Intrinsyc Software International, Inc. opposite a dissident shareholder group.
  • Ursa Major Minerals opposite dissident shareholder Inspiration Mining Corporation.

Activist mandates

  • Photon Control Inc. in representing independent directors and shareholders in connection with successful reconstitution of the board of directors and appointment of new CEO.
  • Coalition of Ontario Doctors in its successful campaign to convince Ontario doctors to vote against the ratification of a proposed Physician Services Agreement that the Ontario Medical Association was recommending for approval at a general meeting of members of the Ontario Medical Association, including important procedural and meeting protocol victories.
  • Kingsway Financial Services Inc. in connection with its successful settlement with Kobex Capital Corp. leading to the reconstitution of the board of directors and change in name of the company to Itasca Capital Ltd.
  • Icahn Enterprises LLP in connection with its US$340 million acquisition of the US automotive aftermarket product distribution business of TSX‑listed Uni‑Select Inc.
  • Polar Asset Management Partners (formerly Polar Securities Inc.) in connection with its campaign to replace members of the board of directors of Silver Bullion Trust and CentralGold Trust, and to amend the Trusts’ respective redemption features.
  • Orange Capital, LLC in its campaign against Partners Real Estate Investment Trust.
  • Orange Capital, LLC in its successful campaign for board representation opposite InnVest Real Estate Investment Trust.
  • Smoothwater Capital Corporation in its successful campaign for board representation opposite Equity Financial Holdings Inc.
  • Concerned Shareholders of Longreach Oil and Gas Limited in its successful campaign for representation opposite Longreach Oil and Gas Limited.
  • Westface Capital Inc. in its successful campaign for board representation opposite Maple Leaf Foods Inc.
  • Mount Kellett Capital Management in a successful campaign opposite Baja Mining Corp.
  • K2 & Associates Investment Management Inc. in its successful campaign opposite Klondex Mines Ltd.
  • DLE Investments Inc. in its successful campaign opposite Alberta Oilsands Inc. This proxy battle concluded following Alberta Oilsand’s attempt to improperly cancel its AGM after a protracted proxy campaign and the activist shareholder held the AGM in management’s absence.
  • RCM Partners Inc. in its successful campaign opposite Augyva Mining Resources Inc.
  • GMR Energy Limited in its successful campaign opposite Homeland Energy Group Ltd.
  • JEC Capital Corp. in its successful campaign opposite Miranda Technologies Corp.
  • Savitr Capital LLC in its dissident proxy bid for Western Wind Energy Corp.
  • Former Management in its proxy bid for Polar Star Mining Corporation. This proxy battle resulted in the establishment of the leading Canadian case on the meaning of “solicitation”.
  • Former Management in its proxy bid for Roxgold Inc.
  • Former Management in its proxy bid for HangFeng Evergreen Inc.

Other advisory mandates

  • Jaguar Mining Inc. in connection with its  US$320 million recapitalization and financing transaction.
  • Coliseum Capital Management LLC and concerned shareholders in its “distressed event” activism opposite Arctic Glacier Income Fund.
  • Avion Gold Corp. in advising the Chairman of the Board.
  • Sprott Power Corp in advising the Company in a governance dispute with its sponsor.
  • Mobilicity Wireless in advising the Special Committee on wide-ranging issues.
  • Yellow Pages in advising the Special Committee in its recapitalization.
  • Tuckamore Capital Management Inc. in advising the Company in its recapitalization.
  • Kingsway Financial Services Inc.in advising the Company in connection with its recapitalization.