Corporate and Commercial Disputes

Trilogy in its take-private of Indigo Books & Music

On April 2, 2024, Indigo Books & Music Inc. announced that, based on the unanimous recommendation of an independent committee of its board of directors, it has entered into an arrangement agreement with Trilogy Investments L.P. and Trilogy Retail Holdings Inc. (personal holding companies of...

Lead Office: Toronto Date Closed: -- Value: -

iCON Infrastructure in its investment in QSL

On February 23, 2024, QSL International Ltd. announced the arrival of new shareholders: funds advised by iCON Infrastructure LLP, CDPQ and the QSL management shareholders already active in the company's capital. QSL is a North American port terminal and logistics operator headquartered in...

Lead Office: Toronto Date Closed: February 23, 2024 Value: -

General Motors in its US$150 million equity investment in Nouveau Monde Graphite

On February 15, 2024, General Motors announced its US$150 million equity investment in Nouveau Monde Graphite, which investment will be made in two tranches. At the closing of tranche 1, General Motors made an initial US$25 million equity investment to support the advancement of the Matawinie...

Lead Office: Vancouver Date Closed: -- Value: US$150 million

Boart Longyear in the sale of its shares to American Industrial Partners Capital Fund

On December 27, 2023, Boart Longyear agreed to the sale of its outstanding and issued common shares to American Industrial Partners Capital Fund for approximately US $371 million. Boart Longyear anticipates that the deal will be advantageous to their clients and employees through AIP’s strategy...

Lead Office: Vancouver Date Announced: Dec 27, 2023 Value: US$371 million

The Xebec Group in its cross-border restructuring and eleven plans of arrangement under the Companies’ Creditors Arrangement Act

In late 2023, the restructuring of the Xebec Group concluded with the successful sanctioning of eleven plans of arrangement under the Companies’ Creditors Arrangement Act, recognized by the United States Bankruptcy Court for the District of Delaware. This achievement marked the end of a highly...

Lead Office: Montreal Date Closed: -- Value: --

Lead investor in its strategic placement in Aimia

On October 13, 2023, Aimia announced a strategic investment by way of a private placement by several arm's length, seasoned strategic investors, including current and former Fortune 500 company CEOs and executives. Mithaq Capital was subsequently unsuccessful in its application to the...

Lead Office: Toronto Date Closed: October 13, 2023 Value: -

Significant decision at the Supreme Court of Canada: five judge majority finds the Impact Assessment Act unconstitutional

On October 13, 2023, The Supreme Court of Canada released its reasons opining on the constitutionality of the federal Impact Assessment Act, SC 2019, c 28, s 1 and Physical Activities Regulations, SOR/2019-285 (together, the IAA).A majority of the Court, comprised of five judges, held that...

Lead Office: Calgary Date Closed: October 13, 2023 Value: -

Fiera Foods in its successful appeal from a Canada Revenue Agency ITC reassessment

Osler represented Fiera Foods in its successful appeal from a Canada Revenue Agency reassessment denying almost $6 million in input tax credits (“ITCs”). In Fiera Foods v. His Majesty the King, Justice Owen ruled that the CRA cannot decide on the specific form of documentation...

Lead Office: Toronto Date Closed: September 20, 2023 Value: $6 Million

Nieuport Aviation in obtaining a judgment of over $130 million against Porter Airlines in the case of Porter Airlines Inc. v. Nieuport Aviation

Osler acted for Nieuport Aviation, the owner of the terminal at Billy Bishop Toronto City Airport, in obtaining a judgment of over $130 million against Porter Airlines in the case of Porter Airlines Inc. v. Nieuport Aviation. This Commercial List trial was argued over a four-week period in...

Lead Office: Toronto Date Closed: October 19, 2022 Value: $130 million

TerraFarma in its up to $68 million acquisition by Aurora Cannabis

On May 5, 2022, TerraFarma, the parent company of Thrive Cannabis, was acquired by Aurora Cannabis, a global leader in the cannabis industry, for $38 million, plus additional earnouts of up to $10 million for satisfying certain near-term revenue targets and up to $20 million for satisfying...

Lead Office: Vancouver Date Closed: May 5, 2022 Value: $68 million