Cannabis in Canada

The cannabis team at Bennett Jones LLP offers dedicated transactional, regulatory and litigation services for a range of national cannabis producers. Toronto-based Curtis Cusinato and Gordon McKenna advised on CMG Partners’ $282m SPAC offering, the largest cannabis-industry SPAC in history. It also leverages the firm’s broader insolvency practices to advise on a number of restructurings in the industry. On the regulatory side, it offers expertise with packaging and labelling, consumer health as well as new Health Canada rules. The practice is led by Aaron Sonshine and Dominique Hussey from Toronto. Sonshine focuses on the transactional side of the practice, with experience in a number of cannabis-sector mergers, financings and corporate governance matters. Hussey is a seasoned litigator, acting in IP, marketing and labelling matters, with a broad range of pharmaceutical and product experience. Angela Blake is well regarded for her expertise in corporate restructuring, whiles Melissa Dimilta provides key IP litigation support to the cannabis team.

With a strong global platform, Dentons acts for cannabis-sector clients on a number of key transactional and regulatory matters. In addition to advising retailers and producers, the team also assists financial service providers, including as lenders and investors, on their operations within the cannabis sector. In M&A, practice head Eric Foster advised Fire & Flower on its acquisition of Friendly Stranger Holdings, to make it the largest cannabis retailer in the Canadian market. On the regulatory side, the team has considerable strengths in product marketing, distribution and clinical trials, with a growing emphasis on non-traditional offerings, including edible cannabis products. Other key practitioners include Kimberly Burns, who offers expertise advising global cannabis companies on public and private acquisitions, as well as Nicole Bacsalmasi, who leads the cannabis team based in Alberta. While Shea Coulson departed to McMillan LLP, the team has been bolstered by the recruitment of health law expert Rose Carter QC.

Blake, Cassels & Graydon LLP takes a holistic approach to its cannabis practice, providing a full range of both broad corporate advice as well as dedicated cannabis regulatory support. The team has been involved in numerous high-value M&A deals in the sector, most notably the C$5bn merger of Aphria and Tilray, the largest cannabis merger in Canadian history; Vancouver-based practice head Kathleen Keilty led advice on the merger, and has also led on multiple capital markets deals. In addition, the department has notable experience in cross-border deals, with particular connections to the European market. On the regulatory side, the team offers expertise not only in product licensing and marketing, but also in IP and government relations. The team has particular expertise working with First Nations on their cannabis regimes, advising the largest First Nations producers and retailers. Tricia Kuhl heads up the Montreal Group, offering international cannabis expertise. Chris Nyberg leads the Toronto practice.

Clients of Gowling WLG benefit from the firm's national range of offices, which advise across the provinces. The cannabis team offers strong M&A expertise, as well as experience advising cannabis companies on capital markets matters, with recent highlights including its advice to IM Cannabis on its listing on Nasdaq, as well as marketing $35m of common shares. On the regulatory side, the practice is notable for including an integrated science team to help determine labelling requirements for new products. It also provides support to a number of retailers on product marketing regulations. The Toronto-based Peter Simeon and Ottawa-based Lewis Retik jointly lead the practice, focusing on capital markets and product regulations, respectively. Natalie Rizkalla-Kamel stands out for her IP litigation work in the cannabis sector.

McCarthy Tétrault offers high-end transactional services to its cannabis-sector clients. It has been involved in major restructurings, with Ranjeev Dhillon and Rami Chalabi notably advising Aurora on the restructuring of the C$25.9m it is owed by Choom Holdings. The team has also advised on a number of significant acquisitions. Due to its office base not only in the major commercial centres of Toronto, Calgary, Vancouver and Montreal, but also in New York and London, the practice is well placed to help its clients access global markets. Dhillon jointly leads the team with Awanish Sinha, who focuses on corporate litigation. Eric Block is also known for his litigation work, with a particular emphasis on class actions.

Torys draws on 16 years of experience working with the cannabis industry, providing advice to banks, pension funds and blue-chip companies, as well as advising licensed producers. It offers significant M&A and capital markets expertise, advising on multiple consolidating acquisitions, IPOs and follow-on offerings. Much of this is thanks to the firm’s full-service New York office, which offers high-end cross-border advice. It also has a key focus on medical cannabis, where it covers both regulatory and transactional matters. Eileen McMahon and Cheryl Reicin jointly lead the team from Toronto, focusing on transactional and cannabis-related pharmaceutical issues, respectively. Teresa Reguly is also noteworthy for her IP, advertising and marketing work on behalf of cannabis growers, and Frazer House is known for his corporate law work.

Fasken's cannabis practice stands out for its significant regulatory expertise, regularly providing regulatory support to producers, distributors and retailers. In addition to marketing and labelling work, it also advises on applications for retail licenses, potential draft legislation, and matters relating to recalls and testing. It has a growing practice with newly legalized products, including edibles, extracts and topical products. The team also offers a transactional practice, focusing on M&A and corporate financing. Barbara Miller heads the team from Toronto, and stands out for her significant experience in cannabis-related licensing matters. Kosta Kostic joined the team from McMillan LLP; he has experience advising cannabis companies on capital markets matters.

Boutique IP firm Smart & Biggar maintains a broad cannabis regulatory practice, working with both cannabis industry clients as well as those seeking to enter the market. Of particular note is its broad understanding of Health Canada’s rules regarding licensure, importing/exporting and marketing, in addition to its expertise in brand protection and trademarks in the young industry. Alice Tseng leads the team from Toronto, offering broad expertise across the life sciences industry. The firm also fields experienced attorneys in Montreal, Vancouver and Ottawa.