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Fasken Martineau DuMoulin LLP

333 BAY STREET, SUITE 2400, BY ADELAIDE CENTRE, BOX 20, TORONTO, ONTARIO M5H 2T6, CANADA
Tel:
Work +1 416 366 8381
Fax:
Fax +1 416 364 7813
Email:
Web:
www.fasken.com/en/home/

Canada

Aboriginal law
Aboriginal law - ranked: tier 1

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s ‘excellent strength in depth’, ‘strong national expertise’ and ‘dedicated and well-informed lawyers’ stand out as key attractions for clients. The firm fields one of the largest Aboriginal law practices in the market, numbering 35 lawyers, and covers the full spread of energy and natural resources, fisheries and aquaculture, real estate and transport matters. Vancouver-based Kevin O’Callaghan heads the national group and recently advised Encana on a C$450m claim brought by Stoney Nakoda Nations relating to petroleum and natural gas rights that were originally transferred to Canadian Pacific Railway. Also in Vancouver, Charles Willms is a ‘very strong lawyer’ and is leading the firm’s advice to BC Hydro and Power Authority on the Aboriginal law aspects of its C$8bn Site C Clean Energy Project, which has involved nine judicial review applications to date - all of which have been dismissed or discontinued. In Toronto, Tracy Pratt provides ongoing advice to De Beers Canada in Aboriginal law matters relating to its exploration work. The group also includes Montreal-based Jean Gagné, Toronto-based Neal Smitheman and ‘impressive’ Vancouver-based senior associate Bridget Gilbride.

Leading lawyers

Charles Willms - Fasken Martineau DuMoulin LLP

Next generation lawyers

Bridget Gilbride - Fasken Martineau DuMoulin LLP

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Banking and finance
Banking and finance - ranked: tier 2

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s ‘efficient and responsive group’ impresses with its ‘strong dedication to client needs’. Following the arrivals of new partners Gary Cochrane and Scott Sangster – both joined the Calgary office in 2017 from Dentons – the firm fields a truly national practice that is also represented in Quebec City, Montreal, Toronto and Vancouver; the finance practice also benefits from international platforms in Johannesburg and London. In Toronto, John Torrey is a high-profile lawyer with ‘strong experience and knowledge’; he advised Scotiabank on a $2.2bn bridge financing facility and a C$700m revolving facility to Emera – up-and-coming partner David Ferris and David Johnson worked with Torrey on that deal. Also in Toronto, group lead Jon Holmstrom is an ‘excellent lawyer’ and advised Enercon Canada on a C$825.5m non-recourse project financing of its Niagara Region Wind Farm project. In Montreal, Marc Novello is highly recommended and advised the lenders on a C$2bn revolving credit facility to PSP Investment Board. On the borrower side, Novello advised CGI on a C$1.5bn revolving credit facility. The group also benefits from the expertise of financial institutions head Stephen Clark and project finance expert Brian Kelsall in Toronto, and Xeno Martis is another key name in Montreal.

Leading lawyers

John Torrey - Fasken Martineau DuMoulin LLP

Jon Holmstrom - Fasken Martineau DuMoulin LLP

Stephen Clark - Fasken Martineau DuMoulin LLP

Next generation lawyers

David Ferris - Fasken Martineau DuMoulin LLP

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Business immigration
Business immigration - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s ‘very knowledgeable’ department has significant experience advising multinational clients on inbound immigration issues regarding CEOs and senior executives. In Quebec, Gilda Villaran has particular expertise handling Nafta and regulatory issues regarding temporary work permits, including intra-company transfers. The national team is led by Ralph Nero in Toronto and also includes Katherine Pollock.

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Capital markets
Capital markets - ranked: tier 2

Fasken Martineau DuMoulin LLP

The ‘responsive and service-oriented’ group at Fasken Martineau DuMoulin LLPunderstands the need to balance risk mitigation with commercial reality’. The group excels in mining deals, leveraging its global reputation in the area, but it is also a significant player in energy, financial services and communications transactions. In a key highlight, Toronto-based global mining lead John Turner advised Iamgold on a $230m bought-deal offering. In Calgary, Sarah Gingrich provides an ‘excellent level of service’ and advised Tervita on a $360m senior bond offering. In Montreal, Jean-Pierre Chamberland advised the underwriters on Laurentian Bank’s C$155.4m public offering of subscription receipts. Robert Paré and the ‘strategic and very smart’ Aaron Atkinson are also recommended in Montreal and Toronto respectively.

Leading lawyers

Robert Paré - Fasken Martineau DuMoulin LLP

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Competition and antitrust
Competition and antitrust - ranked: tier 3

Fasken Martineau DuMoulin LLP

Responsive, knowledgeable, with a deep level of experience’, Fasken Martineau DuMoulin LLP’s competition group provides ‘reliable counsel’. Group co-chair Anthony Baldanza ‘brings legal analysis from the theoretical to the practical with ease and speed’ and has a broad practice with a strong record in advising on merger clearance, criminal matters (including cartels) and foreign investment law. Huy Do jointly chairs the group and recently advised Groupe St-Hubert on its C$537m acquisition by Cara Operations. In 2016, the highly rated Antonio Di Domenico rejoined the firm as partner following a two-year stint as counsel to Canada’s Commissioner of Competition. All named partners are based in Toronto.

Leading lawyers

Anthony Baldanza - Fasken Martineau DuMoulin LLP

Next generation lawyers

Antonio Di Domenico - Fasken Martineau DuMoulin LLP

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Corporate and M&A
Corporate and M&A - ranked: tier 2

Fasken Martineau DuMoulin LLP

Regarded ‘among the key corporate firms in Canada’, Fasken Martineau DuMoulin LLP has a much-admired mining practice but also regularly handles deals in the financial services, TMT, life sciences and transport sectors. The firm’s geographical reach is also worthy of note: its six national offices across Alberta, British Columbia, Ontario and Quebec are supported by bases in London and Johannesburg. Among the firm’s recent highlights, Montreal-based Diane Bertrand advised Agropur Cooperative, Canada’s largest dairy cooperative, on its acquisition of the assets of Scotsburn Cooperative Services. In Vancouver, Mike Stephens advised local fintech company TIO Networks on its C$304m acquisition by PayPal. Toronto-based corporate finance partner Jon Levin and Montreal-based Robert Paré are also recommended. In 2017, Jay Lefton joined in Toronto from Borden Ladner Gervais LLP and is commended for his ‘strong depth of experience, especially in cross-border technology M&A’.

Leading lawyers

Jon Levin - Fasken Martineau DuMoulin LLP

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Dispute resolution
Dispute resolution: Alberta - ranked: tier 4

Fasken Martineau DuMoulin LLP

Dispute resolution: British Columbia - ranked: tier 1

Fasken Martineau DuMoulin LLP

Dispute resolution: Ontario - ranked: tier 4

Fasken Martineau DuMoulin LLP

Dispute resolution: Québec - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s litigation practice is broad in terms of both geographical coverage and practice area expertise, with varied teams deployed across its Vancouver, Toronto, Montreal, Quebec City, Calgary and Ottawa offices. High-profile partner Geoffrey Cowper QC chairs the group from Vancouver and continues to represent Microsoft (as co-counsel alongside Blake, Cassels & Graydon LLP) in class actions alleging it breached competition laws in the sale of software products. Mark Andrews QC is also a senior figure in Vancouver. In Toronto, Gerald Ranking defended PwC in a multibillion-dollar claim brought by the liquidator of the Fairfield Sentry Fund relating to the Madoff Ponzi scheme. The group also benefits from the expertise of Toronto-based Laura Cooper and Montreal-based Martin Sheehan.

Leading lawyers: dispute resolution - British Columbia

Geoffrey Cowper QC - Fasken Martineau DuMoulin LLP

Mark Andrews QC - Fasken Martineau DuMoulin LLP

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Environment
Environment - ranked: tier 2

Fasken Martineau DuMoulin LLP

The environmental group at Fasken Martineau DuMoulin LLP distinguishes itself through its ‘good response times’, ‘good client relations skills’ and ‘excellent strength in depth’. The national practice has a broad base of expertise, which spans transactional support matters, contaminated sites and regulatory compliance, however it is particularly noted for its track record in environmental assessment and project permitting. In Toronto, Rosalind Cooper impresses with ‘legal opinions of the highest quality, based on a superior level of subject knowledge’; she provides ongoing advice to Canadian Pacific Railway on environmental issues, including remediation of contaminated sites and environmental permitting and approvals. Paul Wilson is a key contact in Vancouver and is advising TransCanada PipeLines on environmental issues concerning the Prince Rupert Gas Transmission project.

Leading lawyers

Harry Dahme - Gowling WLG

Rosalind Cooper - Fasken Martineau DuMoulin LLP

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Infrastructure and projects
Infrastructure and projects - ranked: tier 2

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s strong national practice combines with its top-tier team in Johannesburg and robust projects expertise in London to create a market leader in cross-border mandates – it is also regularly involved in deals in the US. In a strong example of its multi-jurisdictional capability, Toronto-based ‘creative problem-solverBrian Kelsall advised the Plenary Properties Merced consortium on the $1.3bn UC Merced 2020 project at the University of California. Closer to home, Kelsall advised the lenders on the Mackenzie Vaughan Hospital Project, which involved C$278m of long-term financing and C$150m of short-term financing. On the public sector side, Vancouver’s David Little advised Interior Health Authority on the procurement and implementation of the $312m Penticton Regional Hospital PPP. Ella Plotkin and group chair Thomas Barlow are also key names in Toronto.

Leading lawyers

Brian Kelsall - Fasken Martineau DuMoulin LLP

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Insurance: M&A and regulatory
Insurance: M&A and regulatory - ranked: tier 1

Fasken Martineau DuMoulin LLP

Professional, organized and responsive’, Fasken Martineau DuMoulin LLP’s insurance group stands out for its ‘strong knowledge base’ and ‘broad national network that complements core local services’. The group is well weighted between regulatory and transactional work and its regulatory expertise in particular is held up as ‘the best in Canada’, with clients highlighting the firm as a ‘key go-between with the regulatory authorities’. Among the names to note, Toronto-based financial institutions co-chair and ‘leader in his field’ Robert McDowell receives rave reviews for his ‘leadership, tutelage and deep knowledge and understanding of the regulatory landscape’. Also in Toronto, ‘excellent communicator’ Koker Christensen ‘has developed into a very skilled attorney’. McDowell and Christensen advised Aviva Canada on its C$582m acquisition of RBC’s home and auto insurance underwriting business and on its 15-year strategic agreement with RBC Insurance. The same team also acted for Esurance in establishing a Canadian insurance subsidiary and insurance agency. In Vancouver, Kareen Zimmer advised Co-operators General Insurance Company on its joint venture with First Credit Union to offer insurance products and services to clients on Vancouver Island and the Sunshine Coast of British Columbia.

Leading lawyers

Robert McDowell - Fasken Martineau DuMoulin LLP

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Intellectual property
Intellectual property - ranked: tier 3

Fasken Martineau DuMoulin LLP

The national IP department at Fasken Martineau DuMoulin LLP acts for clients across a range of sectors, including pharmaceuticals and technology. The Montreal team excels in IP litigation, while the Toronto and Vancouver offices primarily handle transactional matters. Montreal-based Marek Nitoslawski represented Bombardier in a number of patent infringement cases brought against Arctic Cat before the Federal Court regarding the client’s rider-forward technology for snowmobiles. In Ottawa, Jay Kerr-Wilson acted for a consortium of Canadian cable and satellite companies (Rogers, Shaw, Quebecor Media, Cogeco, Bell Canada and Telus) in litigation brought before the Copyright Board of Canada regarding retransmission copyright royalties valued at over C$500m. The department is led by Julie Desrosiers in Montreal. David Wotherspoon is now at MLT Aikins LLP.

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International trade
International trade - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP provides ‘advice you can rely on’, say clients who commend its ‘through, professional and personable lawyers’. The firm’s trade remedy practice is particularly active, but it has also recently advised on sanctions matters, anti-corruption issues and customs law cases. Clifford Sosnow and Peter Kirby jointly head the group from Ottawa and Montreal respectively.

Leading lawyers

Clifford Sosnow - Fasken Martineau DuMoulin LLP

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Labour and employment
Labour and employment - ranked: tier 1

Fasken Martineau DuMoulin LLP

The ‘highly recommended’ department at Fasken Martineau DuMoulin LLP advises on regulatory and union matters for both Canadian and international clients, as well as handling litigation brought before all levels of court, including the Supreme Court and Canadian Human Rights Tribunal (CHRT). In Toronto, Brian Burkett and Douglas Gilbert have been leading advice to Air Canada in various matters, including collective agreement arbitration, labour relations board proceedings, and human rights and health and safety claims. Also in Toronto, John Craig and Christopher Pigott, who was promoted to partner, have been representing Telus in litigation brought by the Telecommunications Workers Union before the Supreme Court concerning the right to notice and information regarding accommodation requests. In Montreal, Louis Bernier has been acting for the government of Quebec in a number of cases before the Supreme Court, including litigation regarding modifications to the Pay Equity Act. The national group includes Ian Campbell and Brian Smeenk in Toronto, Robert Dupont in Montreal and Kevin O’Neill QC in Vancouver. Alexis Charpentier, Stephanie Gutierrez and Shane Todd were promoted to partner in Montreal, Vancouver and Toronto respectively. The team was also strengthened by the arrival of Magali Cournoyer-Proulx from Lavery, de Billy in Montreal. David Corbett was appointed Chair of Ontario’s Workplace Safety and Insurance Appeals Tribunal, Christina Hall is now in-house counsel at Walmart, and Bruce Grist retired. Charles Harrison sadly passed away.

Leading lawyers

Brian Burkett - Fasken Martineau DuMoulin LLP

Douglas Gilbert - Fasken Martineau DuMoulin LLP

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Media and entertainment
Media and entertainment - ranked: tier 1

Fasken Martineau DuMoulin LLP

Well known for its prominent broadcasting practice, Fasken Martineau DuMoulin LLP’s expertise also spans music, book publishing and live entertainment. Ottawa-based communications specialist Gerald Kerr-Wilson is a key contact and is acting for major wireless network providers (Rogers Communications, Bell Canada, Quebecor Media and Telus Communications) in a case against the Society of Composers, Authors and Music Publishers of Canada seeking to recover more than C$12m in royalties paid for the download of ringtones. Montreal-based IP partner Christian Leblanc is advising major media providers on a public inquiry into press freedom and police surveillance. Toronto’s Barbara Miller is also recommended.

Leading lawyers

Barbara Miller - Fasken Martineau DuMoulin LLP

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Pensions
Pensions - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s pensions unit sits within its market-leading employment practice and is particularly well versed in plan restructuring, plan administration and pensions litigation. Peggy McCallum steers the group from Toronto and advised Sobeys on its appeal of a court decision finding it liable for damages relating to the deficit in a pension plan of a third-party warehouse provider.

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Public procurement
Public procurement - ranked: tier 3

Fasken Martineau DuMoulin LLP

Responsive, experienced and insightful’, Fasken Martineau DuMoulin LLP commands respect for its ‘measured advice’ and ‘great value for money’. Ottawa¬¬-based Peter Mantas is the name to note and advised Bronson Consulting Group on bringing a procurement complaint before the Federal Court and the CITT. Clifford Sosnow, who splits his time between Ottawa and Toronto, is also recommended.

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Real estate
Real estate - ranked: tier 3

Fasken Martineau DuMoulin LLP

Lawyers at Fasken Martineau DuMoulin LLP provide ‘practical and well-thought-out advice at a reasonable cost’. In Toronto, Ontario real estate lead Andrea Centa earns praise for her ‘amazing response times’ and for going ‘above and beyond to iron out issues’; she advised Fengate Capital Management on a joint venture to develop a condominium in Toronto and on a joint venture to develop two condominium towers in Toronto, worth a combined C$300m. Also in Toronto, Martin Emmons advised Ivanhoé Cambridge on a joint venture transaction with Simon Property Group. Montreal-based national chair Richard Clare is also recommended.

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 3

Fasken Martineau DuMoulin LLP

The national group at Fasken Martineau DuMoulin LLP regularly advises lenders, debtors and investment funds on the full spread of receiverships, bankruptcies, liquidations, informal workouts and debt recovery matters. In Vancouver, John Grieve is highly regarded and advised Tervita (as co-counsel with Osler, Hoskin & Harcourt LLP) on its C$3.6bn recapitalization and restructuring. In another debtor-side highlight, Toronto-based group chair Stuart Brotman advised menswear retailer Grafton-Fraser on its CCAA filing, which involved debt of C$100m. Also in Toronto, Aubrey Kauffman is ‘great to deal with’.

Leading lawyers

John Grieve - Fasken Martineau DuMoulin LLP

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Tax
Tax - ranked: tier 4

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP continues to build its contentious tax offering and in 2016 hired tax litigator Jenny Mboutsiadis into its Toronto office – she joins from the tax law services division at the Department of Justice. Calgary’s Curtis Stewart is a sought-after tax litigator and represented Total Energy Services in a GAAR-related case. On the transactional side, Montreal-based Alain Ranger is a key name and advised Groupe St-Hubert on the tax aspects of its acquisition by Cara Operations. The mining, energy and financial services sectors are also key sources of work.

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Technology
Technology - ranked: tier 2

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s robust IT offering spans outsourcing, M&A, data protection, IT security and energy technologies. Toronto-based John Beardwood represented Canada Health Infoway, a not-for-profit organization funded by the federal government, in the procurement of a provider to develop and operate national e-prescribing solution, PrescribeIT. On the contentious side, he is defending Netflix and Spotify in a large consumer class action that challenges a fundamental aspect of how some companies contract online. In Vancouver, Karam Bayrakal advised Rubikloud Technologies on its negotiations with AS Watson to implement its Rubicore product.

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Telecoms
Telecoms - ranked: tier 1

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP’s communications group is a leading player in telecoms and broadcasting matters, and is highlighted as ‘the first port of call for regulatory matters’ by sources. Ottawa-based Laurence Dunbar is a ‘standout specialist’ and advised Rogers Communications Canada on bringing an application against Iris Technologies at the Canadian Radio-television and Telecommunications Commission (CRTC). Also in Ottawa, communications lead Gerald Kerr-Wilson represented a consortium of Canada’s largest cable, satellite and IPTV companies in litigation before the Copyright Board of Canada concerning retransmission copyright royalties. Ottawa’s Stephen Whitehead is also an expert in the area. Other representative clients include A&E Television Networks, the Canadian Broadcasting Corporation and Shaw Communications.

Leading lawyers

Laurence Dunbar - Fasken Martineau DuMoulin LLP

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Canada: Energy

Mining
Energy: mining - ranked: tier 1

Fasken Martineau DuMoulin LLP

A true ‘global mining giant’, Fasken Martineau DuMoulin LLP’s national platforms in Toronto, Vancouver, Montreal, Quebec City, Ottawa and Calgary combine with international footholds in London and Johannesburg to ensure it is a regular participant in multi-jurisdictional deals. Hailed for its ‘wide breadth of expertise’, sources draw particular attention to its ‘great bench’, ‘strong industry knowledge’ and ‘ability to call on teams within the firm for cross-practice support’. In Toronto, global mining head John Turner is a ‘go-to lawyer for mining deals’ and acted for Iamgold in its $230m share offering in Canada and the US. Other key names in Toronto include Michael Bourassa (‘a fantastic partner, with a sharp business mind’), Brian Graves (‘strong experience in cross-border transactions’) and rising star Krisztián Tóth. In Vancouver, Josh Lewis advised Eldorado Gold on the $300m sale of an 82% interest in the Jinfeng mine to a subsidiary of China National Gold.

Leading lawyers

John Turner - Fasken Martineau DuMoulin LLP

Michael Bourassa - Fasken Martineau DuMoulin LLP

Next generation lawyers

Krisztián Tóth - Fasken Martineau DuMoulin LLP

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Oil and gas
Energy: oil and gas - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP specialises in advising on the regulatory, commercial, environmental and Aboriginal law aspects of major pipeline projects, but it also handles corporate finance matters. Vancouver-based Paul Wilson chairs the energy group and alongside regulatory expert Peter Feldberg, who splits his time between Calgary and Toronto, advised TransCanada on the environmental, permitting and Aboriginal law aspects of its C$5bn Prince Rupert Gas Transmission project.

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Power
Energy: power - ranked: tier 3

Fasken Martineau DuMoulin LLP

Insightful and responsive’, Fasken Martineau DuMoulin LLP scores highly for its ‘in-depth industry knowledge’ and ‘significant experience in practicing regulatory law in Canada’- the large national group also has expertise in power-related M&A, project finance and construction. Calgary-based firm managing partner Peter Feldberg is an expert in regulatory law and alongside Vancouver-based environmental specialist Robert Lonergan advised BC Hydro on environmental assessment issues relating to its Site C Clean Energy Project.

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Canada: Transport

Aviation
Transport: aviation - ranked: tier 3

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP has a strong track record in insurance matters. Montreal-based Martin Sheehan advised Marsh Canada in a complex liability-related claim brought by the owner of an airplane.

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