Fasken > Ottawa, Canada > Firm Profile

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Canada > Dispute resolution

Fasken's dispute resolution offering is especially strong in British Columbia, where it remains among the market leaders. The team’s class action expertise is coming increasingly to the fore as more national class actions are hosted in the province; Andrew Borrell is a key contact in defending these, while practice co-lead Tracey Cohen leads on these as well as a range of the market’s most complex litigation cases. Geoffrey Cowper has extensive experience litigating before the Supreme Court and leads the national dispute resolution group, and associate Alexandra Mitretodis is frequently involved in cross-jurisdiction disputes. Laura Cooper chairs the Ontario group, where securities litigation is a particular strength, along with class actions. Sarah Armstrong is a name to note in that respect, and associate Rachel Laurion ‘is a very knowledgeable and skilled young lawyer‘ focused on product liability matters. Those lawyers are based at the Toronto office but the firm also has a small disputes team in Ottawa which acts in government-related matters. The Alberta team is based in Calgary and jointly led by Karen Wyke and Gulu Punia. Its expertise reflects the importance of the energy sector to the region, and Darren Reed comes recommended as a ‘top-notch litigator'. In Quebec, Frédéric Gilbert leads the practice group, with Marc-André Fabien a further key contact along with ‘exceptional lawyer‘ Vincent Cérat Lagana.

Energy and natural resources > Mining Tier 1

Standing out for its international footprint, Fasken is one of the first ports of call for high-value transactions and regulatory matters in the mining sector, where it acts for mineral exploration companies, major international financial institutions, underwriters and private equity funds in the gamut of matters. In addition to its strength in M&A and financing deals, the team is equipped to assist mining clients with development and operation agreements, permitting issues, international arbitration and IP law. Based in Vancouver, John Turner leads the global mining group, steering the team in a range of corporate finance and M&A deals involving mining companies active throughout Africa, Latin America and Eastern Europe. Andrew Gabrielson coordinates the group from Vancouver, and regularly advises on commercial mining agreements, project development and acquisitions of mining assets. Brian Graves is another notable practitioner in Toronto; he is singled out for his experience of cross-border mining transactions. Toronto-base Krisztián Tóth focuses on mining finance and joint ventures, while Johanna Fipke in Vancouver has a deep understanding of permitting, M&A and financing in the mining sector.

Canada > Indigenous law Tier 1

With unparalleled geographical reach across Canada, Fasken is recurrently retained by large corporations operating in the energy, oil and gas, mining, forestry, real estate and infrastructure sectors facing major legal challenges pertaining to Indigenous law. The team has an impressive track record of negotiating IBAs on behalf of industry players, and providing due diligence related to Indigenous issues arising from M&A, securities and tax transactions. On the contentious front, the group is a strong performer acting for private-sector clients in Aboriginal claims, injunctions and regulatory proceedings. Practice head Kevin O’Callaghan offers legal support to clients throughout Western and Northern Canada in relation to Indigenous law, project development, litigation and corporate social responsibility issues; he is based in Vancouver. Brenden Hunter is a key contact in the Calgary office, who regularly appears before regulatory tribunals and assists with Indigenous consultation obligations.

Canada > Insurance Tier 1

Fasken counts among its clients some of the most important global insurers and reinsurers, including Travelers, Swiss Re, Intact and Allianz. Known for its regulatory work, the team has expertise working with federal and provincial regulators, with work examples including securities issuances, novel joint ventures, and corporate reorganizations. In particular, the team has growing experience acting on behalf of insurtech companies and those with unique distribution methods. The practice also serves as a key advisor to firms hoping to enter the Canadian market, both new companies and foreign insurers. Its transactional arm is equally strong, advising on a number of key M&A matters in the industry. Koker Christensen chairs the team’s financial services group and heads the insurance team. He advises on key transactional matters, with added regulatory expertise. Kathleen Butterfield and associate Craig Bellefontaine focus on regulatory matters. All listed lawyers are based in Toronto.

Canada > Labour and employment Tier 1

Fasken's federal labour and employment practice distinguishes itself acting for leading national employers in change management scenarios, such as reorganisations and privatisations. One of the firm's key clients is Air Canada, for whom Karen Sargeant in Toronto is one of the lead advisers; her work covers the full scope of labour and employment matters, with 2020 and 2021 being dominated by issues relating to Covid-19, such as layoffs and subsequent recalls. Sargeant co-heads the practice with Montréal-based partner Stéphane Fillion and David Wong in Vancouver. Also based in Vancouver is David McDonald, who is recommended for advice on labour relations and collective bargaining. Another key figure is counsel Douglas Gilbert who, along with Sargeant and Fillion, leads the firm’s advice to US corporates on their human resources strategies in Canada. Counsel Brian Burkett is also a key contact. Magali Cournoyer-Proulx and Christopher Pigott are among a group of partners representing the future of the practice.

Canada > Telecoms Tier 1

A leader in the telecoms and broadcasting market in Canada, Fasken ‘has expert and leading-edge knowledge of the domestic and international telecom industry and applicable laws and legal developments’. Clients as diverse as wireless, cable, IPTV, satellite television and internet service providers, broadcasters, digital media suppliers, governmental entities and financial institutions (among others), turn to the team for assistance with the full-array of telecoms matters, including corporate transactions, licensing issues, compliance, policy and regulatory matters. Representing clients before administrative tribunals, including the Canadian Radio-television and Telecommunications Commission (CRTC) and the Copyright Board, are key strengths for the department that is active in key provinces across Canada and abroad. Based in Ottawa, practice head Gerald Kerr-Wilson has a wealth of experience acting for domestic and multinational communications companies in copyright licensing and litigation. Laurence Dunbar is another key contact in Ottawa, who stands out for his cross-border expertise. In the same office, Scott Prescott is recommended for regulatory issues involving the broadcasting industry, while Leslie Milton focuses on enforcement proceedings before Canadian communications regulators. Barbara Miller in Toronto advises on investments, M&A and financing, and is regarded as ‘a key contributor to client success in the Canadian telecom market’.

Canada > Banking and finance Tier 2

Fasken's banking team acts for a broad domestic and international clientele, with an emphasis on acquisition finance, private equity, leveraged finance and project finance. Known for its work on behalf of lenders, the team has strong relationships with major institutions in the Canadian financial services sector, as well as key links in Beijing, London and Johannesburg. The department is particularly specialised in mining sector-related matters, and acts on a number of borrower-side mandates in this field, including project finance and corporate credits. Toronto-based John Torrey served as lead counsel to a syndicate of lenders providing TELUS $500m of acquisition financing for the purchase of Lionbridge AI. Also based in Toronto is Thomas Meagher, who has led on a number of key mining mandates for the firm, and rising star associate Daniel Conrad. Marc Novello and Angela Onesi are key figures in the firm’s Montreal office. Calgary-based Scott Sangster is known as ‘a very knowledgeable and capable financial services lawyer’, focusing on Western Canadian matters.

Canada > Capital markets Tier 2

Fasken acts on the full range of equity and debt transactions, advising large corporations, national and international banks, and institutional investors. It stands out for its expertise in IPOs, SPACS, PIPEs and a number of follow-on debt and equity transactions, with highlights including Caitlin Rose's advice to Nuvei Corporation on its $833m IPO. The department is also known for its broad range of sector expertise, with a particular emphasis on the mining and energy industries. Sarah Gingrich leads the Calgary-based team, combining her securities experience with a broader focus on corporate law. Sean Stevens and John Turner lead the Toronto team, with Turner particularly known for his mining sector work. Other key lawyers include Montréal-based Jean-Pierre Chamberlain, who focuses on large capital markets transactions, and Daniel Fuke, known for his ability to ‘learn complex and technical concepts quickly’.

Canada > Competition and antitrust Tier 2

Known for its diverse range of industry expertise, Fasken offers broad competition services to its clients. In addition to strong merger control expertise, the team is extremely strong in contentious competition work, including criminal matters, marketing and advertising, and abuse of dominance cases, and is particularly active representing clients under investigation. An example of this was Antonio Di Domenico's representation of FlightHub in a deceptive marketing investigation. He co-leads the team from Toronto alongside Huy Do, with both handling a varied range of competition services. Anthony Baldanza is also noteworthy for his expertise in cartel and restrictive trade matters.

Canada > Corporate and M&A Tier 2

Continuing its rise to the top of the M&A volume tables, Fasken offers its clients broad transactional expertise, with recent highlights including its advice to Aphria on its C$5bn merger with Tilray, the largest cannabis-sector merger in history, and its work for the shareholders in the Estée Lauder/DECIEM acquisition. It also has notable experience advising technology, energy and natural resources companies on their corporate needs. Private equity also remains an important area of focus for the team. Sarah Gingrich, Sean Stevens and John Turner jointly lead the team, Gingrich in Calgary and the others in Toronto. Other key names include cross-border expert Blair Horn and promising associate Martin Ferreira Pinho in Vancouver, technology expert Jean Michel Lapierre in Montréal, and private equity team co-head Caitlin Rose.

Canada > Environment Tier 2

Fasken fields a well-established environmental law practice that is skilled at managing environmental risks in the context of transactions, infrastructure projects permitting and beyond. The team leverages its close ties to other practice groups within the firm, such as regulatory and indigenous law, to assist clients from the natural resources and energy sectors with the environmental assessment of new and large-scale projects. Also noteworthy is the group’s climate change and carbon markets expertise, as well as crisis management, contaminated sites and environmental litigation capabilities. Rosalind Cooper co-leads the practice from Toronto, focusing on the defense of environmental prosecutions and disputes before all levels of court. Fellow co-head Pierre-Olivier Charlebois is sought after by clients for his deep knowledge of the energy and mining sectors, environmental regulations and climate change issues; he is based in Montréal. In Vancouver, Kai Alderson is proficient in the permitting of major projects and in the handling of environmental liabilities in commercial transactions.

Canada > International expertise Tier 2

Canada > Media and entertainment Tier 2

Canada > Pensions Tier 2

The pensions and benefits group at Fasken has a longstanding strength in pensions litigation and is increasingly seen as a go-to for advice on plan governance, as well as the pensions aspects of M&A. Practice head Ross Gascho, who is based in Toronto, advises clients on all aspects of the implementation, administration, funding, governance and wind-up of pension, group benefit and profit-sharing plans. Michael Wolpert divides his time between Calgary and Toronto, while Dominique Monet works at both the Ottawa and Montréal offices. The team was strengthened in March 2021 by the addition of associate Allyson Marta from Stikeman Elliott LLP.

Canada > Public procurement Tier 2

Bringing together procurement experts and litigators, Fasken is not only adept at assisting clients with high-profile procurement transactions and projects at the federal, provincial and municipal levels, but is also proficient in litigation, trade issues and government relations matters. National security mandates, including procurements involving controlled goods and contract security, are a strong point for the team, that has been recently called upon by clients to provide innovative solutions related to the Covid-19 pandemic. Based between Ottawa and Toronto, Peter Mantas, who regularly acts as lead litigation procurement counsel in prominent Canadian cases, oversees the nationwide department. Marcia Mills, who also splits her time between Ottawa and Toronto, has a wealth of experience advising government entities and private companies throughout the procurement cycle and on trade agreement compliance and disputes.

Canada > Technology Tier 2

Fasken has a first-rate reputation the emerging technology space, fielding a specialist team which acts for Canadian emerging tech companies, investors and acquirers. It also has a strong profile in the IT arena, with a dedicated group handling a wide range of provincial and federal issues. It advises clients on matters such as systems implementation, outsourcing arrangements and new technologes. The firm's strengths in the IT and tech arena are complemented by its capabilities in areas such as corporate and commercial, M&A, tax, IP and employment. Names to note include Christian Jacques, who focuses on corporate finance, technology and commercial law. Also recommended are IP lawyer Jean-Nicolas Delage and Karam Bayrakal, who works with private and public sector clients on IT infrastructure and systems integration, app development, licensing, and related privacy matters. Bayrakal is also noted for having specialist knowledge of the video games industry. Andrew Nunes in Toronto has a focus on M&A and outsourcing matters. Christopher Ferguson and Gabriel Stern, who are also based in Toronto, made partners in December 2020.

Transport > Other transport Tier 2

Fasken's transport group is known for its 'strong presence in the rail sector,' but it is also active for road sector clients. The team has a particularly strong relationship with Canada Pacific Railway, handling commercial litigation as well as collision and cargo claims. The team has additional expertise advising on infrastructure and PPP projects, environmental law and commercial work, including financing. It also offers labour and employment support to clients primarily in the trucking area, led by Toronto-based Ian Campbell. The team is led by Steven Rosenhek, Peter Pliszka and Rosalind Cooper in Toronto, and Paul Wilson in Vancouver.

Canada > Cannabis Tier 3

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.

Energy and natural resources > Oil and gas Tier 3

Forming a key part of the firm’s global energy group, Fasken‘s oil and gas team showcases a very strong track record in regulatory proceedings, in which it acts for clients before government agencies and at all court levels. In addition to core oil and gas matters, the practice is sought after for its proficiency in approval processes, environmental requirements, ESG matters and indigenous law aspects of energy projects. Matthew Ghikas, who is noted for his extensive experience in energy regulations and litigation, oversees the oil and gas department, is a key name to note in Vancouver. The department is led by Ron Ezekiel and André Turmel in Vancouver and Montreal, respectively.

Energy and natural resources > Power Tier 3

Fasken  has an active presence in the energy regulatory space, representing power clients before government regulators, in the permitting of projects and in high-risk proceedings. The team’s strength lies in electricity utility matters, including transmission and renewable project applications. Ron Ezekiel and Andre Turmel, who are based in Vancouver and Montreal respectively, jointly manage the practice. New green technologies and renewables are areas of expertise for Turmel. Managing partner Peter Feldberg in Calgary has a strong reputation in the regulatory sphere, especially in the power sector. In Vancouver, Christopher Bystrom stands our for his involvement in regulatory approvals and environmental assessments of major power projects.

Canada > Infrastructure projects Tier 3

At Fasken, the global infrastructure and projects group has a strong track record in PPP projects and secondary market transactions, and regularly acts on behalf of bidders, developers, lenders, and contractors, with a particular emphasis on the transportation and energy sectors. Toronto-based Ella Plotkin, who assists with all aspects of project development and financing in the infrastructure, natural resources and telecoms space, chairs the practice. Adam Lewinberg  joined in August 2021 and arrives with an extensive track record in public-private partnership, alternative finance and linear construction projects.

Canada > Intellectual property Tier 3

Fasken advises on the full range of strategic IP matters in addition litigation. After significant growth in 2019 and 2020, the team has organized in sub-groups focused on different niches of IP law, integrating the firm’s various offices across the country. Patent agent and litigator David Turgeon heads the practice from Montréal, where Julie Desrosiers often represents high-tech corporations in relation to the protection of their IP, trade secrets and strategic information; the pair are supported by associates Patricia Hénault, who handles IP-contract drafting in addition to disputes, and Michael Shortt, an expert in the artificial intelligence and video games industries.  

Canada > International trade Tier 3

Offering ‘excellent technical skills and high-quality advice,’ Fasken‘s trade practice provides corporate clients with advice on a number of key global trade agreements. It has a strong trade remedy practice, acting regularly in federal court on anti-dumping/countervailing measures, and a strong regulatory grasp. Most notable, however, is the firm’s anti-bribery and corruption offerings. The ‘no-nonsense, pragmatic and proactive’ Clifford Sosnow co-leads the team alongside experienced trade lawyer Peter Kirby.  Sosnow splits his time between Ottawa and Toronto, while Kirby is Montreal-based. The team works closely with its government relations practice, with key contacts being Dan Brock and Andrew House.

Canada > Real estate and construction Tier 3

The real estate group at Fasken acts for a diverse roster of clients, comprising pension funds, REITS, financial institutions, public entities, developers and lenders. The team enjoys a strong presence in the Montréal, Toronto, Vancouver and Calgary markets, and is often retained to assist with construction-related matters, joint ventures, acquisitions, dispositions and financings of real estate projects across the country. Andrea Centa in Toronto heads up the Ontario real estate department, and advises domestic and foreign clients on transactions and development mandates. Mariella Lo Papa, who is particularly noted for her expertise of retail leasing, is the main point of contact in the Montréal office, while Sergio Custodio in Vancouver oversees the British Columbia real estate practice. Also sitting in Montréal, Nicolas Leblanc acts for institutional investors in a range of real estate transactions, including financing and joint ventures.

Canada > Restructuring and insolvency Tier 3

In addition to handling informal workouts and restructurings, Fasken acts for a wide range of clients on formal proceedings under the Companies’ Creditors Arrangement Act, Canada Business Corporations Act and Bankruptcy and Insolvency Act. According to a client, ‘they excel in providing practical and creative solutions for their clients in some of the most complex restructuring situations.’ The team, which is led by Toronto-based partner Stuart Brotman, includes Brandon Farber in Montréal and Vancouver-based partner Kibben Jackson. John Grieve QC is another key individual.

Transport > Aviation Tier 3

Fasken's aviation team provides a broad range of legal services to its clients, which include airlines and aviation maintenance providers. In addition to handling transactional matters, the team has particular expertise advising on employment matters, including disputes and visa-related matters, as well as unique airport restructurings. It also covers contentious matters, notably including large-scale, multi-jurisdictional class actions. Employment specialist Douglas Gilbert and Peter Pliszka, who focuses on disputes, are key names in Toronto, while Eric Simard , who is active in litigation, is the name to note in Montreal.

Canada > Business immigration Tier 4

Canada > Tax Tier 4

Fasken advises clients on tax planning, tax controversies and indirect tax cases. It is particularly active in the energy and natural resources industry, where it provides support on public and private M&A. Beyond acting for companies, work for high-net-worth families is another driver of activity. Christopher Steeves in Toronto advises on M&A-related tax matters. Elsewhere, Alain Ranger is a key contact in the Montreal office, while Michael Coburn is a name to note in Vancouver.