Fasken > Montreal, Canada > Firm Profile

Fasken
THE STOCK EXCHANGE TOWER
PO BOX 242, SUITE 3700, 800 VICTORIA SQUARE
MONTRÉAL, QUÉBEC H4Z 1E9
Canada

Energy and natural resources > Mining Tier 1

‘One of the top mining teams‘, Fasken remains a destination practice for the full life-cycle of industry matters; from exploration and permitting, through to project development, financing and M&A. The group draws on several well-staffed platforms nationally (including Toronto, Vancouver, Montreal and Calgary), while it also brings to bear on-the-ground teams in Johannesburg and London, which makes it a popular choice for cross-border transactions. Toronto-based corporate finance and M&A partner John Turner spearheads the global group and ranks among the market’s leading mining specialists. Andrew Gabrielson coordinates the group from Vancouver and maintains a broad practice with an emphasis on commercial agreements, project development and public financings. Other senior names in Toronto include corporate and finance partner Brian Graves and Michael Bourassa, who handles commercial work, projects and contentious matters. In Montreal, Frank Mariage has a focus on securities, corporate law and mining law. Capable up-and-coming partners Johanna Fipke (Vancouver) and Krisztián Tóth (Toronto) are also noted.

Practice head(s):

Testimonials

‘One of the top mining teams, which helps immensely due to its sector knowledge.’

‘Highly experienced in the mining sector with a strong and diverse team that is able to support large, complex transactions. A more practical approach to advising on legal matters than we find with some other firms.’

‘Johanna Fipke dedicated time during a hectic period to think through complex issues and I was able to leave the non-commercial negotiations with her.’

‘Georald Ingborg is a very creative thinker who maintains strong relationships with securities regulators which gives him a unique ability to create and test new ideas.’

Samuel Li has strong attention to detail.’

Key clients

Vatukoula Gold Mines Pte. Ltd.

De Beers Canada Inc.

Steppe Gold Ltd.

First Quantum Minerals Ltd.

IAMGOLD Corporation

Hudbay Minerals Inc.

Leagold Mining Corporation

Orion Mine Finance

Sibanye Gold Ltd.

Teck Resources Limited

Work highlights

  • Advised Hudbay Minerals on refinancing its $450m senior revolving credit facilities.
  • Represented Eldorado Gold Corporation on its $500m offering of senior notes.
  • Acted for Anglo Pacific Group on the acquisition of a 70% net interest in a stream on cobalt production from the Voisey’s Bay mine in Canada from private equity sellers.

Canada > Indigenous law Tier 1

The sizeable team at Fasken spreads across its Canadian offices including Vancouver, Montreal, Calgary, Toronto and Quebec. Its wide presence enables an unrivalled national outreach, with clients also benefitting from the teams’ broad understanding of Indigenous issues and sector expertise. The group often advises players in the energy, oil and gas, mining, forestry, real estate and fisheries sectors. Focus lies within providing due diligence on Indigenous issues that arise from M&A, securities and tax transactions. In addition to non-contentious matters, the team consists of experienced litigators who are well versed in the handling of injunctions and regulatory proceedings. The practice is led by Kevin O’Callaghan whose expertise includes judicial review, negotiations and injunction proceedings, in addition to the handling of environmental assessments and consultations with Indigenous peoples; he is supported by Brenden Hunter whose practice focus lies within regulatory, Indigenous and environmental law. The team also welcomed Pierre-Christian Labeau in June 2022, a lawyer often engaged in territorial negotiations with indigenous communities on behalf of the Government of Quebec.  

Practice head(s):

Other key lawyers:

Brenden Hunter; Tracy Pratt; Kai Alderson; Emilie Bundock; Bridget Gilbride; Pierre-Christian Labeau

Testimonials

‘The lawyers have excellent experience.’

‘Strong understanding of Indigenous culture and attitudes, and relationship-driven, value-focused approach which assists greatly in negotiations.’

‘Kai Alderson is extremely knowledgeable and has a strong understanding of his client’s business and invests his time in building knowledge and capacity of his clients in addition to providing guidance.’

 

Work highlights

    Canada > Labour and employment Tier 1

    Fasken‘s labour and employment practice secures rave reviews from clients for its ‘great bench strength’ and ‘commitment to the client’s cause‘. With footholds across Canada, the team is well-positioned to advise on federal matters and counts major national employers in the airline, telecoms and banking sectors among its key clients. It also acts for provincial employers, US corporations and other international companies on the full range of advisory, contentious and transactional-support work. Vancouver-based David Wong combines strength in labour, employment and human rights issues and co-heads the national practice alongside Montreal-based Stéphane Fillion, whose expertise spans all areas of labour and employment law, and Toronto-based Karen Sargeant, who is ‘strategic and creative‘. The group also draws on the senior expertise of go-to counsel Brian Burkett in Toronto, Montreal-based employment law specialist Magali Cournoyer-Proulx and Vancouver’s David McDonald, who focuses on labour relations and collective bargaining. Among the firm’s future stars, skilled advocate Jackie VanDerMeulen and talented associate Gillian Round are both noted in Toronto.

    Testimonials

    ‘Great bench strength which includes some of the leading practitioners in federal labour law matters.’

    ‘The firm’s depth of knowledge and commitment to the client’s cause is impressive. Karen Sargeant and Jackie VanDerMeulen set a high bar for tenacity, professionalism, responsiveness and effectiveness.’

    ‘This practice is unique in the way lawyers work collaboratively with each other and with us as clients. The relationship with the practice is very cohesive and collaborative and makes it feel more than a typical lawyer/client relationship.’

    ‘The diversity on the team allows for a wider range of knowledge. The people in general are great to work with and are always willing to go the extra mile to help with a file. Everyone I have worked with has shown great pride and passion in their work.’

    ‘Associate Maria-Cristina Cavicchia is one of the most hard-working lawyers I have worked with. She always communicates clearly and effectively to ensure that myself and my team are aware of all the steps being taken in a file. She is always thinking one step ahead.’

    Erin Porter is someone who I am always happy to work with. Her extensive experience and knowledge helps us to creatively and strategically approach grievances/arbitrations.’

    The team, from the most junior staff all the way to partners, are incredibly responsive, provide quick and logical guidance and work hard to understand the values and culture of our organization and respond with guidance that reflects that.’

    Karen Sargeant is always great to work with. It is clear to see how great of a mentor she is to everyone at the firm. She is always willing to answer questions and guide us in a way that is strategic and creative to resolve issues.’

    Key clients

    Air Canada

    National Bank of Canada

    Toronto Dominion-Bank

    Amazon

    Sobeys Group

    Humber River Hospital

    FortisBC

    NBCUniversal

    Rio Tinto Alcan

    Rogers Communication

    Canadian Pacific Railway Company

    Sunnybrook Health Sciences Centre

    York University

    Canadian Olympic Committee (COC)

    Cummins Canada ULC

    Canada Post Corporation

    Work highlights

    • Assisted Toronto-Dominion Bank, and its subsidiaries, with employment-related litigation across Canada, including employment litigation, human rights complaints, entitlement to disability benefits and unjust dismissal complaints.
    • Retained to provide critical advice and support to the Canadian Olympic Committee, and the approximately 60 National Sport Organizations across Canada, in navigating Covid-19.
    • Provided strategic advice to CP Rail on labour strategy and acted as counsel in labour arbitration proceedings, as well as other matters.

    Canada > Telecoms Tier 1

    Fasken‘s team is well-equipped to advise on the full spectrum of telecommunications matters; it often supports clients on regulatory matters before the Department of Innovation, Science and Economic Development Canada, as well as the Canadian Radio-Television and Telecommunications Commission. Telecommunication service providers rely on the team’s vast expertise to oversee market access, licensing and registration matters. The group advises a broad array of clients, from broadcasters and digital media suppliers and to resellers and hardware manufacturers. Gerald Kerr-Wilson leads the practice from the Ottawa office, and hones focus lies within communications and public law.

    Practice head(s):

    Jay Kerr-Wilson

    Testimonials

    ‘They specialize in CRTC regulatory matters. Provide timely response to request and always sound legal advice and direction.’

    ‘Barbara Miller provides extremely good guidance on regulatory matters. I have a great deal of respect for her advice and knowledge.’

     

    Key clients

    SaskTel, Eastlink, TekSavvy, TELUS

    Rogers Media

    Rogers Communications Canada Inc.

    Acadia Broadcasting Limited

    Xplornet Communications Inc.

    Bragg Communications Incorporated (carrying on business as Eastlink), Cogeco Communications Inc., Rogers Communications Canada Inc., Shaw Cable Systems G.P. and Videotron Ltd

    MTA/ Matanuska Telephone Association, Inc. (Alaska)

    Myriota Canada and Myriota Pty Ltd (Australia)

    Work highlights

      Canada > Dispute resolution: British Columbia Tier 1

      A leader in the British Columbia market, Fasken’s Vancouver office thrives on the full gamut of disputes. Tracey Cohen KC excels on class actions, derivatives actions, professional negligence, shareholder disputes and hostile take-over bids, jointly overseeing the practice with Andrew Nathanson KC, an expert in both commercial and white-collar crime proceedings; they are supported by Geoffrey Cowper KC, a seasoned veteran with dozens of significant human rights, public law and commercial dispute cases under his belt, as well as Alexandra Mitretodis who often acts on disputes with a multijurisdictional element. In Alberta, Calgary-based Darren Reed focuses on construction, product liability, class action and securities matters with the wider team also excelling in terms of energy, technology, mining, aviation, health and life sciences litigation. Elsewhere, Sarah Armstrong, a star name for commercial dispute, professional liability and administrative law matters, leads the Ontario practice which life sciences, transport, construction and employment among its key sectors of activity. Marc-André Fabien serves as co-chair of the Montreal office, earning a wealth of recognition for his work on shareholder disputes, penal proceedings and securities litigation.

      Practice head(s):

      Tracey Cohen KC; Andrew Nathanson KC

      Other key lawyers:

      Geoffrey Cowper KCAlexandra Mitretodis; Andrew Borrell; Gavin Cameron

      Testimonials

      ‘A very diversified and specialised group of litigators including ultra-specialised areas such as constitutional and IP.’

      ‘Marc-André Fabien and Vincent Cérat Lagana are totally invested in our cases. They know us and have well understood the political and policy implications of our litigation.’

      ‘This was a complex situation because of the nature of the dispute and because of the elapsed time between the events occurring and the actual dispute. When deciding which firm to engage, we felt that the Fasken team would be best equipped to understand and address the technical and legal issues involved. The Fasken team was very collaborative and made excellent use of technology in communicating with their clients.’

      ‘The entire team has been outstanding. Tracey Cohen in particular has been exceptional and I cannot commend her highly enough. It’s been several years since this action was commenced and Tracey always maintained her interest in us and the case. Tracey grasps issues very quickly and distills them down into the key points and speaks in plain language. She is proactive, always thinking ahead about how a situation may play out. She is very collaborative and consults her clients as needed. She always has a recommendation but is open to discussion and leaves the decision to the client (I trust her judgement completely and have never not followed her advice). She is always well prepared and is very articulate, concise and persuasive.

      Kendal Paul has also been excellent to work with. She, too, is quick to grasp the salient points and provide valuable advice. She and Tracey are an excellent team and use each other as sounding boards. Like Tracey, Kendal is a consummate professional, very proactive, extremely capable and a pleasure to work with.’

      ‘Vincent Cerat-Lagana always goes above and beyond for all my files. He treats it as if it was his own file and makes sure we get the best possible outcome for my business. During some hard times in the pandemic, he was able to put enough pressure on the other party and save us a lot of headaches and money.’

      ‘Sébastien Richemont is a great litigator. He just gets it. Too many litigators get tied up in complicated schemes that don’t lead anywhere, that’s not Sébastien. He flags the real issues and just focuses on that. A wonderful litigator in Court as well – keeps thing simple and punchy.

      Vincent Cérat-Lagana is a future star. Also very straight to the point. Excellent in Court – keeps thing simple and punchy.’

      Key clients

      Google LLC

      British Columbia Hydro and Power Authority

      BC Liberal Party

      Michael Levy

      Mount Polley Mining Corporation & Imperial Metals Corporation

      Cambie Surgeries Corporation

      Greenstar Plant Products Inc.

      Verathon Medical (Canada) ULC

      Nextus Development Ltd. and Hun Bae Kim

      Alexion Pharmaceuticals

      Marsh Canada

      Trane Technologies

      Hardev Dosanjh

      Scott Hawthorn

      Trustees of the BC Credit Union Employee’s Pension

      Plan (CU Trust)

      Parkland Fuel Corporation

      Daimler AG and ShareNow

      Ken Grenier

      Work highlights

      • Represented Google LLC in multiple privacy class action proceedings, seeking to extend the scope of privacy rights and to obtain class-wide damages in circumstances where no  individual harm to class members could be established.                
      • Acted for the BC Liberal Party and certain party officials in connection with a claim brought by the petitioner, a party member, which included the petitioner seeking an interlocutory injunction restraining the Party from announcing the results of the Party’s ongoing leadership election until a membership audit was conducted.
      • Acting for British Columbia Hydro and Power Authority (BC Hydro) in court challenges to the Site C project, including an ongoing treaty infringement action brought in 2018 and scheduled for a lengthy trial in 2022. The team also acts for BC Hydro to negotiate and draft multiple agreements with Indigenous groups, including successfully concluding a number of Impact and Benefits Agreements with Treaty 8 First Nations in relation to the project. In addition, advice is ongoing to BC Hydro on Indigenous and regulatory issues related to Site C.

      Canada > Banking and finance Tier 2

      Fasken‘s banking and finance practice is distinguished both by its extensive national platform, which spans offices across Ontario, Quebec, Alberta and British Colombia, as well as its international capability, which includes offices in Beijing, Johannesburg and London. A stand-out performer in mining-related financings, leveraging its firm-wide strength, the department also shines in energy and private equity transactions. In Toronto, Thomas Meagher is sought after for mining-related work and advised Scotiabank and the syndicate of lenders on the financing of Equinox’s acquisition of Premier Gold and its flagship assets, which involved five distinct intercreditor agreements. Toronto is also the seat of John Torrey, who stepped down to counsel in January 2022, and impressive associate Daniel Conrad. In Montreal, Marc Novello and Angela Onesi are the names to note, while Scott Sangster is a key contact in Calgary. Onesi co-heads the national practice alongside Vancouver-based Andrew Jackson and Toronto partners David Johnson and Dev Singh.

      Testimonials

      ‘Fasken provides exceptional, prompt, business-customized, and responsive service to us. We are a long-time client and we feel that our legal needs are prioritized and attended to with care and high quality service.’

      ‘Fasken’s banking and finance team provides exceptional legal advice while working alongside our internal finance and legal department to ensure their advice is consistent with our business objectives and needs. They are a trusted counsel to and extension of our internal legal team.’

      ‘It is a pleasure to work with the team, led by Angela Onesi. Lawyers are always professional, friendly, and courteous, and enjoyable team members. They collaborate well together, internally, and also externally with our business team members and counterparties’ external counsel.’

      ‘The team at Fasken has an ultimate can-do attitude, always able to take on work and meet client deadlines. Fasken has expertise across sectors and specializations, and team members always bring in the experts when required. Capacity/resourcing and responsiveness are two areas where Fasken stands out compared with other firms.’

      ‘Dev Singh is a wonderful partner to work with, he always strikes the right balance between being thorough and pragmatic, and can recommend the most commercially fair approach to ensure efficient resolution. Dev’s management of tricky client relationships and dynamics is second to none.’

      Daniel Conrad is an absolute workhorse and has a deep knowledge of technical legal matters. Daniel always goes above and beyond to ensure deliverables are timely and accurate, and is willing to go the extra mile to meet deadlines.

      ‘The people are very strong. The partners care about the client service, they do not outsource all the work to senior associates. Our partner, despite having a big book, makes himself available in a short period of time, knows everything about a file and is very commercial and pragmatic.’

      ‘Thomas Meagher is an excellent mining lawyer, always leads with the best advice and counsel, but is prepared to walk back and compromise based on feedback from banking partners (a very practical approach).’

      Key clients

      The Big Six: Bank of Nova Scotia, Canadian Imperial Bank of Commerce, Royal Bank of Canada, Bank of Montréal, Toronto-Dominion Bank, and National Bank of Canada

      Bank of America

      Bank Mandiri

      Export Development Canada

      Desjardins Financial Group

      Macquarie Group

      Goldman Sachs

      BNP Paribas

      ING Capital LLC

      Société Générale

      Anjac Health & Beauty

      Anglo Pacific Group plc

      LifeSpeak Inc.

      Fairfax Financial

      Just Energy

      Foraco International

      Echelon Fitness

      Novacap

      Work highlights

      • Acted as lead counsel to the ‘Big Six’ banks (BNS, TD, BMO, RBC, CIBC and National Bank) and the lending syndicate on Fortis Inc’s C$1.3bn revolving credit facility.
      • Advised Bank of Nova Scotia and Bank of Montreal (and managed the coordination of syndicate’s counsel in the US, Brazil, British Virgin Islands and Guernsey) on Sandstorm Gold’s landmark credit facility linked to sustainability goals.
      • Acted as lead counsel to the Bank of Nova Scotia, the Canadian Imperial Bank of Commerce and the lending syndicate on the $500m multi-jurisdictional refinancing of the existing secured credit facilities of Pan American Silver Corp.

      Canada > Capital markets Tier 2

      A multi-talented team that delivers personalized service‘, Fasken‘s capital markets group is particularly active in the mining, energy and technology sectors. Possessing a deal sheet that is well-weighted between debt and equity work, the practice routinely advises managers and issuers on IPOs, PIPE transactions, cross-border issuances and other public and private offerings. Recent highlights included Montreal-based partners Jean-Pierre Chamberlain and Jean Michel Lapierre advising CGI on a $1.6bn debt offering. The department is led jointly by Sarah Gingrich and Sean Stevens from Calgary and Toronto respectively. Other key names include Toronto-based global mining head John Turner and Montreal-based private equity specialist Caitlin Rose.

      Practice head(s):

      Testimonials

      ‘A multi-talented team that delivers personalized service with great continuity.’

      ‘We value the team’s tenure on our account and file, knowledge and expertise.’

      Key clients

      ATB Financial

      Bank of Montréal (BMO)

      Bank of Nova Scotia (BNS)

      Beacon Securities Limited Inc.

      Canadian Imperial Bank of Commerce (CIBC)

      CGI Group

      Desjardins Financial Group

      Duo Bank of Canada

      Export Development Canada

      Fiera Capital Corporation

      HSBC Bank Canada

      Middlefield Limited Inc.

      National Bank of Canada

      Nuvei Corporation

      Royal Bank of Canada

      TD Securities Inc.

      TMX Group Limited

      Toronto Dominion Bank

      Work highlights

      • Advised CGI on its $1.6bn debt offering, which included a cross-border tranche and a domestic tranche.
      • Represented the syndicate of underwriters on Coveo’s C$215m IPO.
      • Advised the placing agents on the private debt offering of Alimentation Couche-Tard, consisting of two tranches of notes totalling $1bn.

      Canada > Competition and antitrust Tier 2

      Fasken‘s team is reputed for its diversified range of industry knowledge, a forte which it utilizes to advise clients on the full spectrum of competition matters. The team has extensive experience in merger control, in addition to contentious competition work such as criminal proceedings, abuse of dominance cases and cases concerning marketing and advertising. Antonio Di Domenico possesses expertise consists of merger review, enforcement proceedings and class action litigation; he co-leads the team alongside Huy Do who is best known for his foreign investment expertise. Anthony Baldanza is noted for his cartel and restrictive trade capabilities.

      Practice head(s):

      Other key lawyers:

      Key clients

      Rogers Communications Inc.

      BASF Canada

      McDonald’s Restaurant of Canada

      Crevier Group

      Agropur Cooperative

      TD Asset Management

      Caisse de depot

      ATS Automation

      Neo Lithium Corp.

      Arthur J. Gallagher & Co.

      MNP

      Masonite Corporation

      Acrisure

      Veolia Environmental

      eStruxture Data Centers Inc.

      General Logistics System Ltd.

      Traction Sales and Marketing Inc.

      North American Lithium Inc.

      Dorel Industries Inc.

      HomeLife Realty Services Inc.

      Sandoz

      Anthem Properties Group

      Student Transportation of America

      Work highlights

      • Acted for BASF Canada in the Bureau’s national investigation of alleged anticompetitive conduct in agricultural industry and, in particular, alleged abuse of dominance and refusal to deal.
      • Advised Gold Fields Limited in respect of the acquisition of all of the outstanding common shares of Yamana Gold.
      • Defended Sandoz in a $2.75bn class action in respect of an alleged industry-wide conspiracy to allocate market for generic drugs and to fix the prices of generic drugs.

      Canada > Corporate and M&A Tier 2

      Fasken is a standout name for acquisitions, dispositions, private equity buy-outs, reorganizations and corporate governance matters. The firm fields offices across Canada, along with sites in Beijing, London and Johannesburg, and possesses a masterful knowledge of the mining, life sciences and communications sectors, among others. Operating from Toronto, John Turner is an authority within the resource industry meanwhile Brad Freelan supplements his M&A prowess with knowledge of shareholder activism; the pair are based alongside Sean Stevens who co-leads the team jointly with Calgary-based Sarah Gingrich. In Montreal, standout names include Caitlin Rose, a private equity lawyer with a track record in investments, resulting tuck-ins and divestitures, as well as Jean Michael Lapierre who is routinely active in the field of public transactions, overseeing sales, mergers, acquisitions, takeover bids and going-private deals.

      Practice head(s):

      Other key lawyers:

      Testimonials

      ‘A lot of women on the team. Best M&A team in Montreal because they do so much volume. Very responsive. Full 360 expertise. Good business acumen.’

      ‘Caitlin Rose does a lot of deals in Montreal therefore has a lot of experience. Good business sense. Very responsive. Fun to work with. Rigourous.’

       

      Key clients

      Air Canada Group

      Aphria Inc.

      Arcelor Mittal Group

      AT&T Canada Enterprises Inc.

      Bristol-Myers Squibb Group

      La Caisse de dépôt et placement du Québec (CDPQ)

      CGI Group Inc.

      Fiera Capital Corporation

      Intertape Polymer Group Inc.

      IBM Canada Ltd.

      Novacap Group

      Parker Hannifin (Canada) Inc.

      Plains Midstream Canada ULC

      Price Waterhouse Coopers Group

      TD Bank Group

      Zijin Mining Group Co., Ltd.

      Work highlights

      • Acted as the legal counsel to the Special Committee of independent directors of Kirkland Lake who were tasked with the negotiation of the merger between Kirkland Lake and Agnico Eagle and making a recommendation to Kirkland Lake’s shareholders. This was the largest ever M&A transaction in the gold industry (C$24 billion), created the industry’s highest-quality and lowest-risk senior gold producer, and changed the landscape of the gold mining industry.
      • Advised TCI Fund, one of the world’s largest activist hedge funds, in connection with its proxy contest with CN Rail, one of Canada’s largest companies and an iconic brand in Canada. The proxy contest was a battle to replace several directors on CN Rail’s board and its Chief Executive Officer. We were involved in all aspects of the proxy contest, including strategic decisions. The matter is significant since it is one of the highest-profile proxy contests in Canadian history and was regularly on the front page of major newspapers
      • Advised Gold Fields Ltd in the acquisition of Yamana Gold Inc. valued at C$8.7 billion, creating a top-4 global gold major.

      Canada > Environment Tier 2

      Fasken has a reputable environmental law practice which excels at handling the environmental risks associated with M&A transactions and permitting. Additional strength lie within the handling of environmental assessments and defence of environmental offences. Utilizing its multidisciplinary approach, the team takes advantage of its regulatory and Indigenous practice to provide clients with seamless advice. Clients also benefit from its climate change and carbon markets expertise. Environmental law and compliance expert Pierre-Olivier Charlebois; he co-leads the team alongside Rosalind Cooper who specializes in the defence of environmental disputes and prosecutions at all judicial levels. Ron Ezekiel is noted for his environmental assessment and permitting expertise.

      Testimonials

      ‘Very knowledgeable on environmental matters. Strong firm presence in the environmental space.’

      ‘Rosalind Cooper is exceptional. A first-rate environmental lawyer who is extremely knowledgeable, engaged, strategic, and practical in handling files. She is sought after and is my first call for anything related to environmental litigation.’

      ‘I really appreciated the service and strategic advice from Fasken.’

      ‘Ron Ezekiel – Fantastic lawyer and strategic advisor. I appreciated his practical legal and business advice which were crucial to advancing our business objectives.’

      ‘Rosalind Cooper gives good solid environmental advice on reasonable terms.’

      ‘Rosalind Cooper is very accessible; she has great experience in handling environmental charges, and is knowledgeable and practical in her solutions to problems.’

       

      Key clients

      Vancouver Fraser Port Authority

      Investissement Québec

      Work highlights

      • Acted for Vancouver Fraser Port Authority in connection with the environmental assessment and permitting of its proposed Roberts Bank Terminal 2 Project, a new $3bn marine container terminal on Canada’s west coast.

      Canada > Infrastructure projects Tier 2

      Fasken is valued by clients for its ‘extensive experience on major federal and provincial infrastructure projects‘. Housing a unique cross-border practice, which sees the team frequently advise on US PPPs alongside its Canadian work, the firm enjoys close relationships with local government entities, Crown corporations and private-sector clients. Toronto-based Ella Plotkin heads the department and is acting alongside fellow Toronto-based project finance and development partners, Brian Kelsall and Thomas Barlow, to advise Infrastructure Ontario and Metrolinx on the C$12bn Ontario Line Subway P3 project. Toronto-based procurement and construction specialist, Adam Lewinberg, and Vancouver-based energy chair Paul Wilson are also recommended.

      Practice head(s):

      Testimonials

      ‘The team has extensive experience on major federal and provincial infrastructure projects, from which they draw upon to proactively identify issues and offer sophisticated insights that are top-tier in comparison to other firms.’

      ‘The team has depth in—and active engagement from—senior lawyers and quality associates to provide support.’

      ‘The team is consistently responsive, flexible, and easy to work with in comparison to their competitors. They offer strong commercial opinions and communicate very effectively with client teams and in-house counsel.’

      ‘The firm has a breadth of knowledge that has allowed us to address a wide variety of legal issues in various specialties.’

      ‘Thomas Barlow is especially responsive and attentive to his clients.’

      Key clients

      Infrastructure Ontario/ Metrolinx

      Plenary Americas and Kiewit Construction

      Société québécoise des infrastructures (SQI)

      Quebec City

      Vancouver Fraser Port Authority

      DP World Prince Rupert Inc.

      TC Energy

      Metrolinx

      Plenary Americas and Tilson Technology Management, Inc

      Plenary Americas US Holdings Inc.

      Government of Canada and Windsor-Detroit Bridge Authority

      EllisDon

      Infrastructure Ontario and Weeneebayko Health Authority

      Infrastructure Ontario and The Ottawa Hospital

      Work highlights

      • Advising Infrastructure Ontario and Metrolinx on the planning, preparation, procurement and construction processes for the Ontario Line Subway Project.
      • Advising Windsor-Detroit Bridge Authority, a Crown corporation, on the financial close of the project for the design, construction, financing, operation, maintenance and rehabilitation of the Gordie Howe International Bridge.
      • Advising Coastal GasLink on builders lien and holdback matters in respect of the Coastal GasLink pipeline project.

      Canada > Insurance Tier 2

      Fasken‘s insurance practice specializes in transactional and regulatory matters, including M&A, policy work, and distribution and product issues. The national team acts for an array of domestic and multinational insurers, reinsurers and brokers and counts leading names such as Aviva and Co-operators among its key clients. Financial services specialist Koker Christensen spearheads the team; he recently acted alongside the corporate group to advise Allianz Global Risks on negotiating an agreement for the outsourcing by RBC Insurance of its travel insurance business. Regulatory and transactional insurance specialist Kathleen Butterfield and newly promoted partner Craig Bellefontaine are also noted in Toronto. Sylvie Bourdeau is a key contact in Montreal.

      Practice head(s):

      Key clients

      Co-operators

      Aviva

      Green Shield Canada

      Equisoft Group

      Arthur J. Gallagher & Co.

      Work highlights

      • Acted for Allianz Global Risks in negotiating a significant agreement for the outsourcing by RBC Insurance of its travel insurance business.
      • Advised Green Shield Holdings on multiple major acquisitions, including on its acquisition of Tranquility Online, a mental health platform based in Halifax, Canada.

      Canada > Media and entertainment Tier 2

      Canada > Pensions Tier 2

      Fasken‘s practice is reputed for its work on both contentious and non-contentious matters. The team's breadth and depth of knowledge includes pension and benefit plan structuring and investment, funding, conversions and governance advisory, in addition to wind-ups for all registered and non-registered plans. Clients also benefit from the group's expertise in related corporate and commercial matters. Ross Gascho, who leads the practice from Vancouver, possesses vast knowledge of group benefit and profit-sharing plans spans across all aspects including its implementation, funding, governance, administration and investment. Allyson Marta‘s expertise lies within the navigation and advisory of regulatory matters related to retirement.

      Practice head(s):

      Other key lawyers:

      Allyson Marta; Michael Wolpert; Dominique Monet

      Key clients

      Avon

      Sobeys

      TC Energy

      Work highlights

      • Obtained Larkin v. Johnson decision that sets the law concerning a pension plan administrator’s discretion to act without interference by the courts, and confirms that the administrator’s communication obligations are limited to the applicable statute.
      • Advised TC Energy on its $3bn pension plans.
      • Defended Avon in an $85m class action in respect of post-employment benefits.

      Canada > Public procurement Tier 2

      The team at Fasken advises clients on all procurement matters, with its expertise at federal level benefits clients seeking advice on high-profile public procurement projects and transactions across Canada. The team is also well-equipped to oversee cross-border procurement matters, having experience acting on US procurements. Peter Mantas heads the practice and often acts as lead litigation procurement counsel in significant public procurements. Marcia Mills is noted for her advice to the federal government on significant defence procurements. Both split their time between Ottawa and Toronto.

      Practice head(s):

      Testimonials

      ‘They have a good understanding the nature of our business and their legal advice is tailored to our needs. We discuss how the matter will be handled and they are very flexible so that time and money is spent wisely.’

      ‘Marcia Mills is very friendly and personable. Her knowledge of trade law is impressive and she has the ability to convey her knowledge in a very comprehensible fashion.’

      Key clients

      Infrastructure Ontario/ Metrolinx – Ontario Line Subway Project

      Government of Canada and Windsor-Detroit Bridge Authority

      Bronson Consulting Group

      United Kingdom, Department of International Trade

      Thales Canada Inc.

      Thales DIS Canada Inc.

      Work highlights

      • Represented Bronson Consulting Group in a billion dollar case against the government of Canada in which our client won a procurement for the delivery of Canadian visa services around the world.
      • Advised Infrastructure Ontari and Metrolinx on the planning, preparation, procurement and construction processes for the 16km subway project.

      Canada > Technology Tier 2

      Transport > Other transport Tier 2

      Fasken handles a wide scope of transportation matters, including collision disputes, cargo claims and project contracts. The practice is also knowledgeable in the handling of licensing, regulatory and administrative matters. Steven Rosenhek, Peter Pliszka and Rosalind Cooper co-lead the team from Toronto alongside Paul Wilson who is based in Vancouver. Rosenhek and Pliszka are well-regarded for their litigation expertise, whereas Cooper’s expertise includes occupational health and safety compensation knowledge. Wilson is noted for his railway project expertise.

      Practice head(s):

      Other key lawyers:

      Ian Campbell

      Testimonials

      ‘Peter Pliszka and Steve Rosenhek are both experienced product litigators with significant experience in defending the auto industry.’

      ‘The Faskens litigation transportation team has critical depth and expertise when it comes to railway related litigation in particular. The Faskens team upholds the highest standard of professionalism and expertise and cooperation between all counsel.’

      ‘’Steven Rosenhek and Christopher Rae are experts in railway litigation, they are professional and provide excellent representation in and out of court for their transportation clients.’

      ‘The firm has a solid team with excellent bench strength.’

      ‘Steven Rosenkek is an exceptional transport law practitioner and a pleasure to deal with.’

      ‘The team includes some leading railway law practitioners.’

      Key clients

      Transportation Safety Board of Canada

      Schneider National Carriers

      Canadian Pacific Railway

      Trimac Transportation

      VIA Rail

      Marsh Canada Limited

      Turbomeca SA

      XTL Transport

      Penske Canada

      Ryder Truck Rental Canada Ltd.,

      Work highlights

        Canada > Dispute resolution: Ontario Tier 2

        A leader in the British Columbia market, Fasken’s Vancouver office thrives on the full gamut of disputes. Tracey Cohen KC excels on class actions, derivatives actions, professional negligence, shareholder disputes and hostile take-over bids, jointly overseeing the practice with Andrew Nathanson KC, an expert in both commercial and white-collar crime proceedings; they are supported by Geoffrey Cowper KC, a seasoned veteran with dozens of significant human rights, public law and commercial dispute cases under his belt, as well as Alexandra Mitretodis who often acts on disputes with a multijurisdictional element. In Alberta, Calgary-based Darren Reed focuses on construction, product liability, class action and securities matters with the wider team also excelling in terms of energy, technology, mining, aviation, health and life sciences litigation. Elsewhere, Sarah Armstrong, a star name for commercial dispute, professional liability and administrative law matters, leads the Ontario practice which life sciences, transport, construction and employment among its key sectors of activity. Marc-André Fabien serves as co-chair of the Montreal office, earning a wealth of recognition for his work on shareholder disputes, penal proceedings and securities litigation.

        Practice head(s):

        Sarah Armstrong; Laura Cooper

        Other key lawyers:

        Alex Cameron; Peter Pliszka; Vera Toppings; Zohaib Maladwala; Kimberly Potter; Pavel Sergeyev

        Testimonials

        ‘A very diversified and specialised group of litigators including ultra-specialised areas such as constitutional and IP.’

        ‘Marc-André Fabien and Vincent Cérat Lagana are totally invested in our cases. They know us and have well understood the political and policy implications of our litigation.’

        ‘This was a complex situation because of the nature of the dispute and because of the elapsed time between the events occurring and the actual dispute. When deciding which firm to engage, we felt that the Fasken team would be best equipped to understand and address the technical and legal issues involved. The Fasken team was very collaborative and made excellent use of technology in communicating with their clients.’

        ‘The entire team has been outstanding. Tracey Cohen in particular has been exceptional and I cannot commend her highly enough. It’s been several years since this action was commenced and Tracey always maintained her interest in us and the case. Tracey grasps issues very quickly and distills them down into the key points and speaks in plain language. She is proactive, always thinking ahead about how a situation may play out. She is very collaborative and consults her clients as needed. She always has a recommendation but is open to discussion and leaves the decision to the client (I trust her judgement completely and have never not followed her advice). She is always well prepared and is very articulate, concise and persuasive.

        ‘Kendal Paul has also been excellent to work with. She, too, is quick to grasp the salient points and provide valuable advice. She and Tracey are an excellent team and use each other as sounding boards. Like Tracey, Kendal is a consummate professional, very proactive, extremely capable and a pleasure to work with.’

        ‘Vincent Cerat-Lagana always goes above and beyond for all my files. He treats it as if it was his own file and makes sure we get the best possible outcome for my business. During some hard times in the pandemic, he was able to put enough pressure on the other party and save us a lot of headaches and money.’

        ‘Sébastien Richemont is a great litigator. He just gets it. Too many litigators get tied up in complicated schemes that don’t lead anywhere, that’s not Sébastien. He flags the real issues and just focuses on that. A wonderful litigator in Court as well – keeps thing simple and punchy.

        Vincent Cérat-Lagana is a future star. Also very straight to the point. Excellent in Court – keeps thing simple and punchy.’

        Key clients

        Airbus Helicopters

        Air Canada

        Allergan

        Assembly of First Nations

        BMW

        Capital One

        Cook (Canada) Inc.

        Daimler AG

        Detour Gold

        Elanco Canada Limited

        Equifax

        FCA (Fiat Chrysler Automobiles)

        Guyana Goldfields Inc

        IAMGOLD Corporation

        Intact Insurance Company

        Just Energy

        KPMG LLP

        Panthera Resources (PLC)

        PricewaterhouseCoopers LLP

        Sandoz Canada Inc

        TD Waterhouse Canada Inc

        The Co-operators Group Insurance

        Work highlights

        • Advised Capital One in twelve privacy class actions relating to a cybersecurity incident that is alleged to have impacted the personal information of approximately 6 million Canadian consumers.        
        • Advised PricewaterhouseCoopers LLP, in defence of two substantial audit negligence claims involving Bondfield Construction. They involve (a) a $500 million claim by Bondfield Construction’s litigation trustee against PwC and Deloitte; and (b) a separate $350 million brought by Zurich Insurance with Bondfield’s surety bonding company against PwC and Deloitte.
        • Advised Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance Insurance Company of Canada in connection with their defence of a series of proposed class actions and individual actions across the country relating to business interruption insurance arising out of COVID-19 closures.

        Canada > Business immigration Tier 3

        Canada > Cannabis Tier 3

        The team at Fasken is best known for its vast regulatory knowledge in the cannabis market, catering to a client base which spans distributors, suppliers, investors, major retailers, producers and laboratories. A keystone of the practice is its work on licensing matters, which stems from the practice’s in-depth knowledge of legislative requirements, specifically in relation to provincial and municipal retail distribution. Barbara Miller leads the team, directing particular emphasis towards cannabis-related M&A, governance and corporate matters.

        Practice head(s):

        Other key lawyers:

        Testimonials

        ‘Accessibility; deep knowledge of the industry; pleasant interaction and patience.’

        ‘Highly client oriented with a high degree of personal service.’

         

        Key clients

        Verano Holdings, LLC

        Tilray (previously Aphria Inc.)

        4Front Ventures

        Aleafia Health Inc.

        BZAM Management Inc. / BZAM Holdings Inc. / BZAM Cannabis Corp

        Canaccord Genuity Corp.

        CanXtra and CanXlabs

        Flower One Holdings Inc.

        The Flowr Corporation

        Neptune Wellness Solutions Inc

        Ring International Holding AG / Maricann Inc / CanAdelaar B.V.

        Work highlights

          Energy and natural resources > Oil and gas Tier 3

          Centred in Vancouver, Fasken‘s combined energy and climate practice has an emphasis on regulatory matters. Routinely appearing before government regulators and all levels of court, the energy team leverages the firm’s top-tier Indigenous law expertise and its robust environmental law offering to provide advice on the full range of applications, approvals, permitting and contentious matters. Vancouver-based commercial and regulatory partner Ron Ezekiel co-heads the national group alongside Montreal’s André Turmel. Vancouver-based energy and regulatory litigator Matthew Ghikas is also noted.

          Practice head(s):

          Other key lawyers:

          Key clients

          Ministry of Oil and Energy of Senegal

          NorthRiver Midstream Inc. (NorthRiver)

          Marathon Petroleum Canada Trading & Supply (Marathon)

          FortisBC Energy Inc.

          Parkland Corporation

          Plains Midstream Canada ULC

          Echelon Wealth Partners Inc.

          Work highlights

          • Advising NorthRiver Midstream on the Northeast British Columbia Connector Project, including preparing strength of claim analyses on more than 20 potentially affected Indigenous groups and to develop a consultation and negotiation strategy for Indigenous participation in the project.
          • Acting as lead counsel to FortisBC Energy in providing full regulatory support on FortisBC’s comprehensive review and application for a revised Renewable Gas Program.
          • Advising Plains Midstream Canada ULC (PMC) on all aspects of a share and asset swap transaction with Inter Pipeline (IPL), involving IPL’s interests in the Empress II and V Straddle Plants and PMC’s interests in the Milk River Pipeline System.

          Energy and natural resources > Power Tier 3

          Fasken‘s combined energy and climate change group stands out for its robust regulatory capability and its ability to draw on the firm’s top-tier Indigenous law practice. A prominent player in electric utility matters, the group advises on a range of hydro, transmission and renewable project applications, as well as rates matters. Montreal-based department co-head André Turmel is noted for his regulatory and project development expertise, while Calgary-based firm managing partner Peter Feldberg and Vancouver-based litigator, Christopher Bystrom, are also recommended.

          Practice head(s):

          Key clients

          FortisAlberta Inc.

          BC Hydro & Power Authority

          FortisBC Inc.

          CIBC

          Cycle Capital Management

          Sumitomo Corporation

          Work highlights

          • Advising BC Hydro and Power Authority on the Site C hydroelectric dam, generating station and related facilities on the Peace River in northeast British Columbia, including on a cooperative federal-provincial environmental assessment.
          • Acting as lead regulatory counsel to FortisBC in connection with rate design for electric vehicle direct current fast-charging stations operated by a regulated public utility.
          • Advising CIBC, as the underwriters, on Innergex Renewable Energy’s C$201m bought deal public offering.

          Canada > Intellectual property Tier 3

          Fasken fields a full-service IP practice which works across protection, enforcement, licensing, portfolio management and transactional affairs, operating in close tandem with the firm’s London, Beijing and Johannesburg in the process. David Turgeon, a registered patent agent and patent litigator in the US and Canada, leads the practice from Montreal and is especially well-versed within the life sciences, biomedical device and manufacturing fields; he is supported locally by litigator Julie Desrosiers, a go-to for high-tech companies looking to protect their IP, trade secrets and strategic information, as well as Michael Shortt, a trademark agent with an in-depth knowledge of the life science and video game sectors. At associate level, Patricia Hénault is a media and IP law expert with significant exposure to contentious trade secret, patent, copyright and trademark matters.

          Practice head(s):

          Other key lawyers:

          Julie Desrosiers; Michael Shortt; Patricia Hénault; Armand Benitah; Marek Nitoslawski; Jay Kerr-Wilson; Joanie Lapalme; Nathan Haldane

           

          Key clients

          Automation Tooling Systems Inc. (“ATS”)

          Pattison Outdoor Advertising Limited Partnership et al.

          Nova Ventures Corporation

          Atlas Copco Canada Inc.

          Merck Canada Inc.

          Thermolec Ltée

          Equisoft Inc.

          Nuheara Ltd.

          Pavemetrics Systems Inc.

          Canadian Broadcasting Corporation (CBC)

          Entertainment Software Association et al.

          Rio Tinto Alcan

          Agnico Eagle Mines Ltd. (Laronde Division)

          Work highlights

          • Advising and representing Pavemetrics Systems Inc. in the complex, multi-faceted patent infringement dispute against the American giant Tetra Tech, Inc. and its Canadian subsidiary Tetra Tech TAS Inc.
          • Advising Pattison Outdoor Advertising in the complex, multi-faceted patent infringement dispute against T-Rex Property AB.
          • Led a constitutional challenge to the federal government’s amendments to the Patented Medicines Regulations and to the regulation of patented drug prices by the Patented Medicines Prices Review Board (PMPRB) as a whole.

          Canada > International expertise Tier 3

          Canada > International trade Tier 3

          Trade lawyers at Fasken strike the right note with their ability to ‘go the extra mile when needed‘. Clifford Sosnow splits his time between Ottawa and Toronto and is sought after for his expertise across an array of trade spheres, including anti-bribery law, export controls and sanctions, investment treaty matters and trade remedies. Montreal-based Peter Kirby, who co-heads the practice alongside Sosnow, has a focus on regulatory compliance, trade agreements and trade remedies. Toronto-based government relations and strategy chair Dan Brock is also noted.

          Practice head(s):

          Testimonials

          ‘Great team that is very collaborative. They go the extra mile when needed, particularly Clifford Sosnow,’

          Canada > Real estate Tier 3

          Fielding practitioners in Ontario, British Columbia and Quebec, Fasken is active on an array of sale, purchase, joint venture, seal leaseback, leasing and financing mandates. The group is co-led by Andrea Centa, who works from Toronto and is adept in supporting both domestic and overseas investors, as well as Montreal-based Mariella Lo Papa who delivers formidable retail leasing capabilities; she is based alongside market veteran Richard Clare whose expertise encompasses portfolio transactions, financing, joint venture structures and major developments.

          Practice head(s):

          Other key lawyers:

          Sarah Batut; Richard Clare; Maria Holder; Nicolas Leblanc; Paul Logan; Elias Retsinas; Allyson Roy; Marie-Andrée Thibault

          Testimonials

          ‘The Fasken Real Estate Team is the best department/firm that I have worked with in ensuring a consistent delivery of service across the country. I have engaged their lawyers in Montreal, Toronto and Vancouver, and they have done a great job of communicating my company’s expectations and practices within the firm so that I did not need to start fresh every time I worked with a new office. The team also sets itself apart in terms of the diversity of its lawyers and the number of females that are leading the offices. My company and I have greatly appreciated Fasken’s commitment to diversity and the difference/improvement in tone that brings to our conversations. In addition to the foregoing, the Fasken Real Estate Team in Toronto provides quality advice and work product, and probably the most responsive service I receive anywhere in the country (particularly from Andrea Centa).’

          ‘Andrea Centa is our company’s relationship partner, as well as the main partner who works on our real estate files, and she is incredible. Her responsiveness is unparalleled and she is excellent at both educating and providing advice to my company’s business teams. She also has incredible attention to detail and provides top-level advice on challenging files. Finally, Andrea does a great job staffing her files with qualified juniors to ensure that work is appropriately distributed and to ensure that we are charged a reasonable amount for the work that her team does for us.’

          ‘Strong and integrated team, collaborative internally and with clients, highly responsive and good line of sight into the real estate market across Canada.’

          ‘Andrea Centa provides timely and robust legal advice across real estate sectors and always finds a practical solution. She partners very effectively with internal counsel on matters and involves internal counsel at the right level.’

          ‘The team is filled with problem solvers. Individuals who are open to change and think strategically about how to approach new challenges.

          ‘Their fees are very competitive based on the service offering provided.’

          ‘I work most closely with Andrea Centa and Allyson Roy who are extremely sharp and details oriented ensuring that no stone is left unturned and we are absolutely comfortable as we due diligence an asset purchase. I feel completely comfortable with this team to ensure that the small elements of each deal and relationship will be managed with a strong duty of care. They are also both great deal lawyers in that they understand when to push back against a counterparts position and when to work to acquiesce to cut the deal.’

           

          Key clients

          Oxford Properties Group and PSP Investment

          Ivanhoe Cambridge

          Broccolini Construction Inc.

          Canada Lands Company Limited and its subsidiaries, Canada Lands Company CLC Limited/Société immobilière du Canada CLC limitée, Parc Downsview Park Inc. and Old Port of Montréal Corporation Inc./ Société du Vieux-Port de Montréal inc.

          National Bank of Canada

          Lafarge Canada Inc.

          TD Asset Management Inc.

          Morguard Corporation

          Fengate Capital Management Ltd./ Fengate Asset Management

          Carttera Management Inc./ Carttera Private Equities Inc.

          Work highlights

          • Represented the three co-owners of Quartier DIX30, a lifestyle shopping centre situated in Brossard Québec, in connection with the refinancing of Phase III of the centre known as Square DIX30.
          • Assisted Ivanhoe Cambridge in connection with the renewal, amendment and restatement of its Sustainable Revolving Credit Facility with Natixis, and with the amendment of a number of other credit agreements to include Sustainable Margin Adjustment mechanisms in its revolving credit facilities with a number of its corporate lenders, including Bank of Montreal, BNP Paribas, Crédit Agricole (CA-CIB), Desjardins and the Bank of Nova Scotia.
          • Advised Carttera with regards to the acquisition and disposition of various properties in Ontario.

          Canada > Restructuring and insolvency Tier 3

          The ‘solutions-orientated team’ at Fasken advises the full array of restructuring-related clients, including debtors, lenders and trustees. Its industry expertise includes technology, retail, energy, real estate, mining and life sciences. Toronto based Stuart Brotman heads the team; his expertise includes forbearance agreements and CCAA proceedings. Cross-border insolvency expert Kibben Jackson is another key contact for the practice. Personnel changes include the promotion of Fergus McDonnell to partner and the arrival of Alexander Bayus from Gowling WLG.

          Practice head(s):

          Other key lawyers:

          Kibben Jackson; Brandon Farber

          Testimonials

          ‘Team works well together and is very integrated within a large national full-service firm which allows for optimal service delivery.’

          ‘Solutions oriented team. Very supportive of each other and all are great with clients. Good people that know what they are doing.’

          ‘Knows how to read a room of people when negotiating and or dealing with difficult situations.’

          ‘The Fasken practice is unique as a result of its combination of deep technical expertise and experience combined with its responsiveness and capacity.’

          ‘Brandon Farber is responsive, amicable, intelligent and creative. The combination of these qualities makes him stand out from his peers as he is able to find innovative solutions for time sensitive matters while being very pleasant to work with.’

          ‘A powerhouse legal firm that is a one stop shop. Fasken is a firm that is able handle almost any legal matter and in an excellent fashion.’

          ‘Excellent teaming and collaboration across the firm. Very practical team, focused on solutions and expedient results.’

          Key clients

          Grant Thornton Group

          Plus Products Inc.

          BNP Paribas Group

          Ernst & Young Group

          HSBC Bank Group

          TD Bank Group

          BHG-BC Holdings Ltd./RC Morris Group

          MNP Group

          PwC Group

          Robert Fung and Marc Oppenheimer (Crystallex International Corporation)

          Work highlights

          • Advised Sandoz in connection with its claims in the Chapter 11 restructuring proceedings initiated by certain Purdue Pharma entities in the United States and in the Canadian recognition proceedings of Purdue Pharma under the CCAA.
          • Acted for The Bowra Group Inc., the court-appointed monitor of the debtors, in relation to their proceedings under the CCAA.
          • Represented BNP Paribas in connection with its loans and a series of pre-filing forbearance arrangements with Harte Gold Corp., and in connection with a marketing and sale process undertaken by Harte Gold Corp, the sale of BNP Paribas’ loans to a third party, and in connection with BNP Paribas’ continuing interests as hedge provider in Harte’s CCAA proceedings.

          Canada > Tax Tier 3

          Among its sweet spots, Fasken‘s tax team stands out for its experience in cross-border tax, where it leans on its international platforms in London and Johannesburg. The firm’s signature mining practice also marks it as a popular choice to handle energy and natural resources-related issues. Toronto-based Christopher Steeves steers the group and routinely advises on the tax aspects of corporate restructurings and acquisitions; he additionally has experience in transfer pricing and tax disputes. Alain Ranger and Michael Coburn are also recommended in Montreal and Vancouver respectively.

          Practice head(s):

          Testimonials

          ‘Highly qualified, up to date on all technical aspects, aware of industry practice and proactive.’

          ‘My experience is mainly with Martin Legault, who is very professional, available and always proposes practical solutions when challenges arise in reviewing and negotiating complex transactions.’

          Key clients

          ACL Services Ltd.

          Anjac SAS

          ATS Automation Tooling

          CGI Inc.

          Deciem Beauty Group – Selling Shareholders

          DeepGreen Metals

          Galaxy Digital Holdings Ltd.

          Gold Fields Limited

          Golden Star Resources

          GrowthCurve Capital

          IGM Financial

          Intertape Polymer Group Inc.

          Metamaterial Inc.

          Neo Lithium Corporation

          Redlen Technologies

          Steris

          Work highlights

          • Acted for the selling shareholders in the sale of a majority interest in DECIEM Beauty Group to The Estee Lauder Companies.
          • Advised Metamaterial on its business combination with Torchlight Energy Resources, creating a combined company with a market capitalization of approximately $2bn.
          • Advised ACL Services (doing business as Galvanize) on its $1bn acquisition by Diligent, a private equity-backed governance software company.

          Transport > Aviation Tier 3

          Canada > Dispute resolution: Alberta Tier 3

          A leader in the British Columbia market, Fasken’s Vancouver office thrives on the full gamut of disputes. Tracey Cohen KC excels on class actions, derivatives actions, professional negligence, shareholder disputes and hostile take-over bids, jointly overseeing the practice with Andrew Nathanson KC, an expert in both commercial and white-collar crime proceedings; they are supported by Geoffrey Cowper KC, a seasoned veteran with dozens of significant human rights, public law and commercial dispute cases under his belt, as well as Alexandra Mitretodis who often acts on disputes with a multijurisdictional element. In Alberta, Calgary-based Darren Reed focuses on construction, product liability, class action and securities matters with the wider team also excelling in terms of energy, technology, mining, aviation, health and life sciences litigation. Elsewhere, Sarah Armstrong, a star name for commercial dispute, professional liability and administrative law matters, leads the Ontario practice which life sciences, transport, construction and employment among its key sectors of activity. Marc-André Fabien serves as co-chair of the Montreal office, earning a wealth of recognition for his work on shareholder disputes, penal proceedings and securities litigation.

          Practice head(s):

          Karen Wyke; Gulu Punia

          Other key lawyers:

          Darren Reed; Alex Kotkas; Arif Chowdhury

          Key clients

          Nova Gas Transmission Ltd, Gas Transmission Northwest, LLC, Foothills Pipe Lines Ltd., Foothills Pipe Lines (AB) Ltd., Foothills Pipe Lines (BC) Ltd., Tuscarora Gas Transmission

          AECOM Canada Ltd.

          Parkland Corporation

          CMS Financial Management Ltd. And CMS Real Estate

          Thurber Engineering Ltd.

          Cook Group Inc.

          Federal NDP

          Mac’s Convenience Stores Inc.

          Canada > Dispute resolution: Quebec Tier 3

          A leader in the British Columbia market, Fasken’s Vancouver office thrives on the full gamut of disputes. Tracey Cohen KC excels on class actions, derivatives actions, professional negligence, shareholder disputes and hostile take-over bids, jointly overseeing the practice with Andrew Nathanson KC, an expert in both commercial and white-collar crime proceedings; they are supported by Geoffrey Cowper KC, a seasoned veteran with dozens of significant human rights, public law and commercial dispute cases under his belt, as well as Alexandra Mitretodis who often acts on disputes with a multijurisdictional element. In Alberta, Calgary-based Darren Reed focuses on construction, product liability, class action and securities matters with the wider team also excelling in terms of energy, technology, mining, aviation, health and life sciences litigation. Elsewhere, Sarah Armstrong, a star name for commercial dispute, professional liability and administrative law matters, leads the Ontario practice which life sciences, transport, construction and employment among its key sectors of activity. Marc-André Fabien serves as co-chair of the Montreal office, earning a wealth of recognition for his work on shareholder disputes, penal proceedings and securities litigation.

          Practice head(s):

          Frédéric Gilbert; Marc-André Morin

          Other key lawyers:

          Sébastien Richemont; Alain Riendeau; Nathalie-Anne Béliveau; Frédéric Gilbert; Noah Boudreau; Vincent Cérat Lagana; Chris Semerjian

          Testimonials

          ‘A very diversified and specialised group of litigators including ultra-specialised areas such as constitutional and IP.’

          ‘Marc-André Fabien and Vincent Cérat Lagana are totally invested in our cases. They know us and have well understood the political and policy implications of our litigation.’

          ‘This was a complex situation because of the nature of the dispute and because of the elapsed time between the events occurring and the actual dispute. When deciding which firm to engage, we felt that the Fasken team would be best equipped to understand and address the technical and legal issues involved. The Fasken team was very collaborative and made excellent use of technology in communicating with their clients.’

          ‘The entire team has been outstanding. Tracey Cohen in particular has been exceptional and I cannot commend her highly enough. It’s been several years since this action was commenced and Tracey always maintained her interest in us and the case. Tracey grasps issues very quickly and distills them down into the key points and speaks in plain language. She is proactive, always thinking ahead about how a situation may play out. She is very collaborative and consults her clients as needed. She always has a recommendation but is open to discussion and leaves the decision to the client (I trust her judgement completely and have never not followed her advice). She is always well prepared and is very articulate, concise and persuasive.

          ‘Kendal Paul has also been excellent to work with. She, too, is quick to grasp the salient points and provide valuable advice. She and Tracey are an excellent team and use each other as sounding boards. Like Tracey, Kendal is a consummate professional, very proactive, extremely capable and a pleasure to work with.’

          ‘Vincent Cerat-Lagana always goes above and beyond for all my files. He treats it as if it was his own file and makes sure we get the best possible outcome for my business. During some hard times in the pandemic, he was able to put enough pressure on the other party and save us a lot of headaches and money.’

          ‘Sébastien Richemont is a great litigator. He just gets it. Too many litigators get tied up in complicated schemes that don’t lead anywhere, that’s not Sébastien. He flags the real issues and just focuses on that. A wonderful litigator in Court as well – keeps thing simple and punchy.

          Vincent Cérat-Lagana is a future star. Also very straight to the point. Excellent in Court – keeps thing simple and punchy.’

          Key clients

          Merck Canada inc., Janssen inc., Servier Canada inc., Boehringer Ingelheim Canada Ltd, Bayer Canada inc., Theratechnologies inc., and an additional (Confidential) pharmaceutical company

          Sandoz Canada inc. And Sandoz GnbH-

          Conseil de la Magistrature du Québec, Chief Justice and Associate Chief Justice

          Google

          PricewaterhouseCoopers LLP

          Intact Compagnie d’Assurance

          Desjardins Securities inc., TD Securities inc., National Bank Financial inc., Canaccord Genuity Group inc., Raymond James Ltd., Beacon Securities limited and Stifel Nicolaus Canada inc.

          Groupe Maurice, Groupe Sélection inc., Résidences Soleil, Cogir

          Air Canada

          City of L’Ancienne-Lorette

          Microsoft Canada

          Capital One

          Honourable Bernard Synnott

          Copart Canada

          Work highlights

          • Successfully represented Merck Canada Inc., Janssen inc., Servier Canada inc., Boehringer Ingelheim Canada Ltd, Bayer Canada inc., Theratechnologies inc., and an additional (confidential) pharmaceutical company before the Québec Court of Appeal.  The judgement will have multi-billion dollar ramifications to the Canadian pharmaceutical industry.          
          • Represented the Conseil de la Magistrature du Québec, the Chief Justice and the Associate Chief Justice in an important case that touches our whole judicial system and crucial question of linguistic right while opposing the judicial and executive branches of power.
          • Acting for Sandoz Canada inc. and Sandoz GmbH-, one of the defendants in a Québec class action brought against all manufacturers, marketers and/or distributors of opioid drugs.

          In this increasingly competitive business environment, making decisions effectively and efficiently is vital for any organization to thrive. Fasken’s more than 700 lawyers in Canada, the United Kingdom, and South Africa are always ready to navigate legal challenges and capitalize on business opportunities. As a leading international business law and litigation firm, Fasken offers experience and expertise across a wide range of industries and practice areas to fulfil the needs of organizations worldwide. The firm’s utmost concern is to provide the business community with the tools to meet constantly evolving legal obligations and adjust to industry transformations. Its clients range from corporations, government agencies, regulatory authorities, non-profit bodies and individuals, each of whom benefit from a commitment to quality, cogent advice and strong international reach. Fasken’s excellence and broad industry expertise consistently garners accolades and top rankings worldwide by Chambers Global, Lexpert, IFLR 1000’s Guide to the World’s Leading Financial Law Firms, The Best Lawyers in Canada, and Who’s Who Legal. Core practice areas include: aboriginal, antitrust/competition and marketing, Asia Pacific, banking and finance, communications, construction, corporate social responsibility, energy, financial institutions, forestry, government relations, political law, health, information technology and public/private partnerships, insolvency and restructuring, insurance, intellectual property, international arbitration, investment products and wealth management, labour/ employment and human rights, life sciences, litigation, mergers and acquisitions, mining, pensions and benefits, privacy and information protection, private equity and venture capital, real estate, tax, trusts, wills/estates and charities.

          While Fasken takes pride in each of these acknowledgements, the firm takes its greatest satisfaction from clients who continue to entrust it with the most pressing matters. Fasken aims to see legal issues in the context of its clients’ broader business issues, and has created a firm that is nimble, entrepreneurial and responsive to the global pressures facing all clients. Its success depends on the success of its clients.

          DepartmentNameEmailTelephone
          Indigenous Law Kevin O'Callaghankocallaghan@fasken.com+1 604 631 4839
          Banking and Finance David I. Johnsondjohnson@fasken.com+1 416 868 3368
          Competition, Marketing and Foreign Investment Antonio Di Domenicoadidomenico@fasken.com+1 416 868 3410
          Competition, Marketing and Foreign Investment Huy Dohdo@fasken.com+1 416 868 3505
          Infrastructure and Public-Private Partnerships Ella Plotkineplotkin@fasken.com+1 416 865 4489
          Information Technology Andrew S. Nunesanunes@fasken.com+1 416 865 4510
          Labour, Employment and Human Rights David G. Wongdwong@fasken.com+1 604 631 4920
          Litigation and Dispute Resolution Laura Cooperlcooper@fasken.com+1 416 865 5471
          Capital Markets and Mergers & Acquisitions Sarah Gingrichsgingrich@fasken.com+1 587 233 4103
          Capital Markets and Mergers & Acquisitions Sean S. Stevenssstevens@fasken.com +1 416 868 3352
          Mining John SM Turnerjturner@fasken.com+1 416 865 4380
          Private Client Services Kar Cheong (KC) Miukmiu@fasken.com+1 604 631 4980
          Private Client Services Corina S Weiglcweigl@fasken.com+1 416 865 4549
          Real Estate Andrea L. Centaacenta@fasken.com+1 416 868 3348
          Real Estate Mariella Lo Papamlopapa@fasken.com+1 514 397 4348
          Telecoms, Media and Broadcasting Leslie Miltonlmilton@fasken.com+1 613 696 6914
          Contacts : Peter Feldberg, +1 403 261 5364, pfeldberg@fasken.com