March 15, 2010
 
Transactions and Cases - 2004
 
 
       
    Transactions and Cases  
       
    Defending client in second proceeding before the Sanctions Committee of the World Bank in relation to charges under the Bank's anti-corruption policy.   12/13/2004/2004  
    Acted for Adaltis Inc. in its $55 million initial public offering.   2/28/2004/2004  
    Agnico-Eagle Mines Limited, a Canadian gold producer, entered into a revolving credit facility of up to US$100 million made available by a syndicate of domestic and foreign lenders.   12/23/2004/2004  
    Acted as counsel to the successful Access Health Abbotsford consortium (sponsored by ABN Amro, and including PCL Constructors and Johnson Controls) which entered into a long-term concession agreement for the design, construction, financing, operation and maintenance of this major British Columbia hospital and cancer centre facility. This project was the first hospital project completed under the PPP model in the Province of British Columbia, and was awarded the Project Finance 2004 North American Infrastructure Deal of the Year.   5/13/2004/2004  
    Acted as transaction counsel to the successful consortium as AHV Access Health Vancouver Ltd. entered into a long-term concession agreement PPP with the Vancouver Coastal Health Authority to design, construct, finance and operate a new Academic Ambulatory Care Centre at Vancouver General Hospital. This project is a world-class academic ambulatory care centre in Vancouver. The estimated design and construction costs for the academic and ambulatory care centre were approximately $95 million.   11/30/2004/2004  
    Acted on behalf of aircraft lessors in connection with the proceedings for Air Canada under the Companies' Creditors Arrangement Act, and acted for numerous suppliers in connection with the insolvency proceedings of customers, including suppliers of equipment, technology, software and raw materials.   3/20/2004/2004  
    Alexis Nihon REIT completed a CDN$55 million offering of convertible unsecured subordinated debentures.   2/3/2004/2004  
    Acted for Alimentation Couche-Tard Inc. in the sale-leaseback of over 300 convenience store/gas station properties in eleven states to entities affiliated with Realty Income Corporation and Fortress Credit Corporation for purchase prices aggregating over $225 million.   4/3/2004/2004  
    Acted for AMIS Holdings Inc. in its acquisition of Dspfactory Ltd. in a transaction valued at approximately $61 million.   11/12/2004/2004  
    Defence of multiple class actions relating to a series of real estate investment projects located in Dallas, Texas.   4/2/2004/2004  
    Annulment of transaction on the basis that the parties’ consent was vitiated with regard to the transaction’s tax consequences (before the Superior Court and the Quebec Court of Appeal).   4/14/2004/2004  
    Acted for an affiliate of Bain Capital in connection with the purchase of Verizon Communications Inc.'s directory operations, SuperPages Canada, in a transaction valued at $1.985 billion.
  11/9/2004/2004  
    Completion of a $15 million convertible note financing with ConjuChem Inc., a Montréal-based biotechnology company.  Davies represented Baker Brothers.   11/10/2004/2004  
    Acted for Bakorp Management Ltd. in a Tax Court appeal from reassessment.   4/1/2004/2004  
    Davies represented Barrick Gold in the U.S.$250 million structured trade/project financing of its Veladero greenfield gold mine project in Argentina. This deal was selected by Trade Finance Deal of the Year for 2004 in Argentina by Trade Finance magazine and as Americas Mining Deal of the Year for 2004 by Project Finance magazine.   3/14/2004/2004  
    Acted for Barrick Gold Corporation and its wholly-owned subsidiary Barrick Gold Finance Company in an offering of an aggregate of US$750 million of notes. The notes, of which US$400 million are due 2034 and US$350 million are due 2014, were offered only in the United States by a syndicate of underwriters led by Morgan Stanley & Co. Incorporated and Deutsche Bank Securities Inc.
  11/30/2004/2004  
    Acted for Barrick Gold Corporation in the US$250 million structured trade/project financing of its Veladero greenfield gold mine project in Argentina. This deal was selected by Trade Finance Deal of the Year for 2004 in Argentina by Trade Finance magazine and as Americas Mining Deal of the Year for 2004 by Project Finance magazine.   12/6/2004/2004  
    Acted for Barrick Gold Corporation in its US$40 million subscription for shares in Russian gold producer, Highland Gold Mining Ltd.   3/20/2004/2004  
    Sale of controlling interest in BCE Emergis Inc. through the issuance of Subscription Receipts for gross proceeds of approximately $356 million.   6/9/2004/2004  
    Sale by BCE Emergis Inc. of its U.S. health business to Multiplan, Inc. (US$213 million).   4/4/2004/2004  
    Acquisition by Bell Canada of businesses and operations of 360networks Corporation, 360networks Canada Ltd., and LondonConnect Inc.   1/31/2004/2004  
    BMO Nesbitt Burns Inc. led the underwriting syndicate for the completion of an initial public offering by CNH Capital Canada Wholesale Trust. The IPO included $325 million Floating Rate Class A Wholesale Receivables-Backed Notes, $26.7 million Floating Rate Class B Wholesale Receivables-Backed Notes, and a private placement of $160 million Floating Rate Variable Funding Wholesale Receivables-Backed Notes.   11/12/2004/2004  
    Three separate offerings in 2004 by 407 International Inc. of, in the aggregate, over CDN$650 million senior notes (issued in various series). Davies represented the dealer syndicate for each offering.   3/2/2004/2004  
    Boomerang tracking Inc., a Canadian marketer and distributor of tracking devices, was acquired for approximately Cdn$64 million by the Lojack Corporation, a U.S.-based marketer of wireless security and location products and services, by way of arrangement involving a tax-deferred Exchangeable Share structure.   10/29/2004/2004  
    Cadim Inc. (a subsidiary of the Caisse de dépot et placement du Québec) sold a 49% interest in 901 Square Victoria Limited Partnership (the owner of the newly opened W Montreal hotel) to Starwood Hotels and Resorts Worldwide, Inc. for CDN$34.8 million. Davies represented Cadim for competition matters.   5/25/2004/2004  
    Acted for the Board of Directors of Canada Post Corporation throughout the process leading up to the delivery of two reports in response to the Auditor General's Report.   2/4/2004/2004  
    Acting for Canplas Industries Ltd. in its defence of claims regarding the alleged source of extensive aquifer contamination in Barrie, Ontario.   4/20/2004/2004  
    Acquisition by CanWel Building Materials of Sodisco-Howden Group Inc.   1/1/2004/2004  
    Amendment to Celestica's US$250 million 364-day revolving term credit facility increasing the commitment to US$600 million and termination of its US$500 million four-year revolving facility.
  7/2/2004/2004  
    Public offering in the United States and concurrent private placement in Canada of US$500 million aggregate principal amount of 7 7/8% senior subordinated notes.
  7/2/2004/2004  
    Acted for Celestica Inc. in connection with the US$52.8 million divesture of its power systems business with operations in Canada, the United States, China and Thailand to C&D Technologies, Inc.   1/25/2004/2004  
    Shred-it International Inc. completed two new credit facilities: a senior syndicated secured facility led by CIBC and a subordinated syndicated facility led by CIBC Capital Partners. Proceeds of the loans were used to repay existing credit facilities and are also available to finance the continuing growth of Shred-it. The amount of the transaction is undisclosed.   6/17/2004/2004  
    Acted for CIBC World Markets Inc. in connection to the $85.7 million initial public offering of Richards Packaging Income Fund.   2/4/2004/2004  
    Acted for Circuit City Stores, Inc. on its acquisition of InterTAN, Inc., the operator of Radio Shack stores in Canada, in a transaction valued at approximately US$286 million to create The Source by Circuit City.   6/9/2004/2004  
    Acted for Citigroup Global Markets Inc. which acted as dealer manager for an offer to exchange its 8% Senior Subordinated Notes due 2012 (the "New Notes") by an affiliate of CanWest Media Inc. for the 12 1/8% Senior Notes due 2010 issued by Hollinger Participation Trust. In addition, Citigroup Global Markets Inc. acted as sole book-running manager for a concurrent offering of an additional US$130 million of the New Notes in the United States and Canada by private placement. Subsequent to the completion of the exchange offer and concurrent offering, CanWest and the affiliate amalgamated to form the new CanWest Media Inc.   11/18/2004/2004  
    Public offering in Canada and the U.S. of $87 million of common shares of Hydrogenics Corporation.   4/19/2004/2004  
    Rogers Wireless Inc. completed a U.S.$750 million offering of 6.375% Senior (Secured) Notes due 2014. Davies represented the underwriting syndicate.   3/16/2004/2004  
    Rogers Wireless Inc. a wholly owned subsidiary of Rogers Wireless Communications Inc. completed a private placement in an aggregate principal amount of approximately U.S.$2.356 billion. The private placement consisted of C$460 million 7.625 per cent senior (secured) notes due 2011, US$550 million floating rate senior (secured) notes due 2010, US$470 million 7.25 per cent senior (secured) notes due 2012, US$550 million 7.50 per cent senior (secured) notes due 2015 and US$400 million 8.00 per cent senior subordinated notes due 2012. Davies represented the initial purchasers.   3/8/2004/2004  
    Rogers Cable Inc. completed a U.S.$350 million offering of 5.50% Senior (Secured) Second Priority Notes due 2014. Davies represented the underwriting syndicate.   3/16/2004/2004  
    Acted for CML Healthcare Inc. in its $1.25 billion plan of arrangement that resulted in the creation of two new entities, CML Healthcare Income Fund, an income trust owning CML's diagnostic services business, and Cipher Pharmaceuticals Inc., a pharmaceutical corporation owning CML's drug development and pharmaceutical research business. As part of the arrangement, CML also entered into new credit facilities in the amount of $200 million with a syndicate of lenders.   3/20/2004/2004  
    $369 million secondary offering of units of CML Healthcare Income Fund.   3/16/2004/2004  
    Acted for Commerz Grundbesitz Investmentgesellschaft GmbH ("CGI"), one of the largest real estate investment fund managers in Europe, in its acquisition of a 50% interest in six limited partnerships that own six major Canadian regional shopping centres and one office tower, with a combined leaseable area of more than 4 million square feet. This is CGI's first investment in Canada. The scope and magnitude of the transaction makes it one of the most significant transactions in the Canadian real estate industry in recent history.   6/30/2004/2004  
    Challenge to new rules limiting the right to examinations on discovery in civil matters based on the Quebec Charter of Human Rights and Freedoms (before the Court of Quebec and the Quebec Court of Appeal).   4/2/2004/2004  
    Acted for Orly Automobiles Inc. in its successful defence to GST/PST-related penal charges (before the Court of Québec).   4/2/2004/2004  
    Sale of 50% of mobile production and distribution business of CTV Specialty Television Inc. to Rogers Broadcasting Limited through formation of Dome Production Partnership.   4/4/2004/2004  
    Acted in defense of Delta Air Lines in the first class action under the new Federal Court Rules against allegations of conspiracy to fix the level of commissions paid to travel agents.
  4/1/2004/2004  
    Acted for Deutsche Bank in connection with Air Canada’s restructuring under the Companies’ Creditors Arrangement Act.   5/2/2004/2004  
    Acted on behalf of Deutsche Bank Securities in connection with a back stop underwriting for Air Canada in connection with its Plan under the Companies' Creditors Arrangement Act.   3/20/2004/2004  
    Representing Dollarama L.P. during the process of their trademark registration, opposition and litigation.   1/1/2004/2004  
    Flightsafety Canada Ltd., a manufacturer and operator of flight simulators and flight training services, received a CDN$1.3 million settlement relating to a claim for a refund of Ontario sales tax improperly charged to the company.   10/31/2004/2004  
    Acted for Fortis Inc. in its public offering valued at approximately $50 million.   3/20/2004/2004  
    Acted for Fortis Inc. in its $1.5 billion acquisition of the Alberta and British Columbia electricity utilities of Aquila, Inc.   4/19/2004/2004  
    Acted for FortisAlberta Inc., a wholly-owned subsidiary of Fortis Inc., in its initial public offering of $400 million principal amount of senior unsecured debentures.   10/25/2004/2004  
    Acted for FortisBC Inc., an indirect wholly-owned subsidiary of Fortis Inc., in its initial public offering of $140 million prinicipal amount of senior unsecured debentures.   11/30/2004/2004  
    Advised Galileo International Inc. on the Canadian competition law aspects of its merger with Cendant Inc.   3/20/2004/2004  
    Acted for GDF Suez (formerly Gaz de France) in regard to Rabaska, a project developed by Gaz Métro, Enbridge Inc. and Gaz de France, which consists of the design, construction, financing, operation and maintenance of a deep water jetty to accommodate tankers carrying liquefied natural gas ("LNG") as well as pipes connecting the jetty to two reservoirs, where the LNG will be stored and regasified for incorporation into the Québec and Ontario pipeline network. Rabaska is a project of more than $900 million.   5/12/2004/2004  
    Acquisition by General Electric Capital Corporation of assets of the Citicapital Transportation Financial Services Group.   1/31/2004/2004  
    Acted for General Electric Energy on its proposed construction and management of an 800-megawatt combined-cycle project in cooperation with Hydro-Québec Production, to be built in Beauharnois, Québec (known as the Hydro-Québec Suroît project).   5/11/2004/2004  
    Acted for Hemosol Inc. in the reorganization under a plan of arrangement involving its principal shareholder MDS Inc., which allowed Hemosol's business to receive a cash infusion of $16 million for its unused tax losses and other tax assets.   6/7/2004/2004  
    Antidumping and countervailing duty complaint by Canadian manufacturer against imports of carbon steel fasteners from China and Chinese Taipei.   12/13/2004/2004  
    Sale of trust units and subordinated unsecured convertible debentures for a total gross proceeds of $103.5 million for use in acquisition of nine hotels.   7/13/2004/2004  
    Acted for IPC Advisors Limited and Mr. Paul Reichmann in connection with the takeover bid process for Canary Wharf Group plc, owner and manager of the 14 million square foot Canary Wharf estate in London, England, and the sale of the Reichmann family's shares in Canary Wharf Group plc.   1/1/2004/2004  
    Acted for IPC US REIT in its acquisition of a 30% interest in the one million square foot State Street headquarters in Boston.   1/1/2004/2004  
    Acted for Canadian steel giant Ivaco Inc., and several Ivaco subsidiaries, in Companies' Creditors Arrangement Act proceedings commenced in September of 2003, including the sale to The Heico Companies, L.L.C., a U.S.-based holding company, of the assets of the Ivaco companies for $375 million.   12/1/2004/2004  
    Acted for Kimco Realty Corporation, a leading US-based publicly-traded REIT in connection with a partnership with Sandalwood Management Canada Co. to acquire more than 1 million sq. ft. of retail property comprised of six (6) shopping centers in the Province of Québec.   3/2/2004/2004  
    Complaint to the CITT pursuant to Canada's NAFTA, WTO and AIT obligations on government procurement.   2/13/2004/2004  
    McCain Foods Ltd. acquired the assets of the Carberry, Manitoba potato processing plant owned by Midwest Food Products Inc.(a subsidiary of Nestlé Canada Inc.) for an undisclosed purchase price. Davies provided Competition advice to McCain in Canada.   2/22/2004/2004  
    Acted for McWatters Mining Inc. in connection with the plan of arrangement and reorganization under the Companies' Creditors Arrangement Act (Canada) and the Companies Act (Quebec), including a $47.4 million investment of capital by Soquem Inc. and Soquémex Inc., Sodémex II, s.e.c., the Fonds de solidarité des travailleurs du Québec (FTQ), Investissement Québec and Economic Development of Canada.   3/20/2004/2004  
    UK-based Meggitt Plc acquired the Design and Manufacturing division of Dunlop Standard Aerospace Group for US$1.45 billion.   11/12/2004/2004  
    CHC Helicopter Corporation completed a U.S.$250 million offering of its 73/8 per cent senior subordinated notes by way of a 144A offering in the U.S. and a private placement in Canada. Davies represented both Merrill Lynch & Co. which acted as sole book-running manager, and Scotia Capital (USA) Inc., which acted as joint-lead manager. CHC Helicopter Corporation is the world's largest provider of helicopter services to the global offshore oil and gas industry, with aircrafts operating in 30 countries and a team of approximately 3,500 professionals worldwide.   4/27/2004/2004  
    Merrill Lynch & Co., Inc. launched a CDN$5 billion medium term note program and completed a drawdown under the program. The first tranche of notes consisted of "amortizing notes", the principal of which will be paid back to noteholders in accordance with an amortization schedule and the second tranche consisted of "step-up extendible notes", the maturity date of which can be extended (subject to increasing interest rates payable to noteholders) at the option of the company.   Prior to the launch of the medium term note program, Merrill Lynch applied for and received exemptive relief for, among others, the requirement to offer a certain percentage of the notes through independent underwriters, so that Merrill Lynch's underwriting arm may offer up to 100% of the offerings, subject to certain conditions.   7/28/2004/2004  
    Merrill Lynch Canada Inc. led the syndicate of purchasers in the acquisition of a CDN$336 million equity stake in Aber Diamond Corporation. Tiffany & Co. sold 8 million of its common shares in Aber Diamond Corporation (representing 13.9 per cent of the outstanding common shares) through a private offering in the U.S. and Canada. The syndicate also included CIBC World Markets Inc., Scotia Capital Inc. and UBS Securities Canada Inc.   3/1/2004/2004  
    Four separate offerings in 2004 by Canada Housing Trust No. 1 of, in the aggregate, over $19 billion principal amount of bonds (issued in various series) guaranteed by Canada Mortgage and Housing Corporation.   2/24/2004/2004  
    Acted for MethylGene Inc., a biopharmaceutical company seeking treatment for cancer and infectious diseases in its $21.6 million initial public offering of common shares, and a concurrent $1.4 million private placement of common shares.
  7/29/2004/2004  
    Represented Metso Inc. before the Superior Court in a patent and intellectual property dispute involving the Gaspesia project.   4/1/2004/2004  
    Acted for 3ci Inc., the Québec company serving as the main contractor in the development of three wind farms located in Murdochville, which has been selected to cover all aspects of three projects.   3/2/2004/2004  
    Acted for Northbridge Equity Partners, a Montreal-based private equity firm, in connection with its acquisition of Fairway and Green, Ltd., a US-based leading manufacturer of golf apparel.   3/3/2004/2004  
    Acted for OMERS in connection to a US$45 million private placement of Series C Preferred Stock by CRC Health Group, Inc.   1/1/2004/2004  
    Acted for the Ontario Lottery and Gaming Corporation in the $1 billion development, financing and operation of the Niagara Falls Casino Complex/Gateway Project.   3/20/2004/2004  
    Ontario School Boards Financing Corporation (OSBFC) completed the offering of 2004-A1 Pooled Debentures Ownership Interests for approximately Cdn$493.2 million.   11/26/2004/2004  
    Acquisition of Terra Payments Inc. by way of a share exchange.   7/6/2004/2004  
    Acted for Osprey Media Income Fund on the completion of a $200 million initial public offering of units to acquire subordinated notes and shares issued by Osprey Media Group Inc., one of Canada's leading publishers of daily and weekly newspapers, magazines and specialty publications.   7/13/2004/2004  
    Acted for PainCeptor Pharma Corporation, a leading-edge biopharmaceutical company focused on novel and effective therapeutic drugs for the treatment of acute and chronic pain, successfully completed a $23 million initial private placement.   12/1/2004/2004  
    Acted for Patheon Inc. in its US$415 million acquisition of MOVA Pharmaceutical Corporation, and the related acquisition financings of a $245.9 million public offering and a US$169 million credit facility.   12/23/2004/2004  
    $110 million/US$11 million credit facility with Canadian Imperial Bank of Commerce and a consortium of Canadian banks.   7/19/2004/2004  
    Advised PeopleSoft, Inc. in connection with the hostile takeover bid by Oracle Corporation and PeopleSoft's acquisition of J. D. Edwards.   3/20/2004/2004  
    PetroKazahstan completed a $160 million “Dutch auction” substantial issuer bid, under which it acquired 3,999,975 of its Class A common shares.   11/29/2004/2004  
    Successfully represented Pharmascience in its defence of a multi-billion dollar class action filed against eight generic drug manufacturers for the reimbursement of alleged rebates paid to pharmacists and a challenge to the new provisions of the Québec Code of Civil Procedure relating to the authorization of class actions, based on the Québec Charter of Human Rights and Freedoms.   4/14/2004/2004  
    Defence of a generic drugs manufacturer against a multi-million dollars law suit filed by the Régie de l’assurance maladie du Québec for the reimbursement of alleged rebates paid to pharmacists (before the Superior Court of Québec).   4/14/2004/2004  
    Proceedings against the Régie de l’assurance maladie du Québec and the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents (before the Superior Court of Québec).   4/14/2004/2004  
    Challenge to a tax assessment for mining expenses; involve the challenge of a provision of the Income Tax Act limiting the right of appeal of tax assessments for large corporation on the basis of the Canadian Bill of Rights (before the Tax Court of Canada   4/14/2004/2004  
    Acted for RBC Dominion Securities Inc. and BMO Nesbitt Burns Inc., which co-led the underwriting syndicate for the completion of an initial public offering by Gienow Windows & Doors Income Fund for gross proceeds of approximately $251 million. The Fund used the proceeds to acquire the issued and outstanding common shares of Farley Windows Inc.   3/10/2004/2004  
    RBC Dominion Securities Inc. and CIBC World Markets Inc. co-led the offering when AIC Global Financial Split Corp., a mutual fund corporation, completed a CDN$40 million offering consisting of 1.6 million class A shares at $15 per share and 1.6 million preferred shares at $10 per share. Davies represented the agents. The syndicate also included Scotia Capital Inc., BMO Nesbitt Burns Inc., National Bank Financial Inc., TD Securities Inc., Canaccord Capital Corp., Desjardins Securities Inc.,Dundee Securities Corp.,First Associates Investments Inc., HSBC Securities (Canada) Inc., Raymond James Ltd., Berkshire Securities Inc. and Wellington West Capital Inc.   2/3/2004/2004  
    World Financial Split Corp. completed an initial public offering in Canada of $471.25 million consisting of preferred shares and class A shares of World Financial.   2/17/2004/2004  
    RBC Dominion Securities Inc. led a syndicate of agents for the completion of a CDN$400 million initial public offering by Brompton Equal Weight Oil & Gas Income Fund, an investment trust. The IPO involved the offering of 40 million units at $10 per unit for gross proceeds of CDN$400 million.   3/1/2004/2004  
    Acted for Energy Systems Holdings Ltd. with regard to partnership interests in Cartier Wind Energy Inc.
  12/31/2004/2004  
    Rights offering and concurrent public offering of approximately 1.9 million units of Roman Corporation Limited for gross proceeds of approximately $17 million.   7/16/2004/2004  
    Acted for both ROW Entertainment Income Fund (ROW) and Standard Broadcasting Ltd. as ROW acquired all of the home entertainment distribution assets of Video One Canada Ltd. from Standard Broadcasting Corporation Ltd. for $74 million to create one of Canada's leading distributors of home entertainment products, including CDs, DVDs and multi-platform video games. Under the terms of the agreement, ROW paid 50% in cash and 50% in stock.   9/16/2004/2004  
    Acted on behalf of the Court-appointed Monitor, RSM Richter Inc., and was instrumental in the successful restructuring of Le Groupe Les Ailes de la Mode. The restructuring has allowed for the continuation of the operations of Les Ailes stores. During the reorganization, RSM Richter Inc , with the assistance of Davies, was able to complete the sale of some of divisions so the operations of Le Groupe Les Ailes de la Mode could be more focused and successful. In addition, RSM Richter Inc and Davies were instrumental in having the Plan of Arrangement accepted by the creditors and sanctioned by the Court, so the financial reorganization of Le Groupe Les Ailes could be successful.   3/17/2004/2004  
    Acted for RSM Richter Inc. Court-Appointed Monitor of Uniforêt Inc.'s Companies' Creditors Arrangement Act restructuring and was instrumental in securing the court sanction of Uniforêt's plan of arrangement, which had been challenged by a significant creditor.   10/1/2004/2004  
    $45 million public offering of common shares.   3/20/2004/2004  
    Acted for Russel Metals Inc. and FIL (US) Inc., its wholly-owned subsidiary, on the completion of a refinancing by replacing their existing credit facility with a $200 million committed term revolving credit facility. Royal Bank of Canada led the syndicate which included a number of Canadian and US financial institutions.   11/30/2004/2004  
    US$175 million private placement of Senior Notes.   3/20/2004/2004  
    Acting for Ryko Manufacturing Company in products liability actions from operators of commercial car wash facilities using Ryko equipment.   4/1/2004/2004  
    Acted for Montréal-based S. Rossy Inc. and Dollar A.M.A. Inc. in regard to Dollarama L.P. acquiring a majority position in the Dollarama business of S. Rossy and Dollar A.M.A., with the founders and management retaining a substantial stake.   12/4/2004/2004  
    Defending importer of outdoor barbeques from China and Chinese Taipei against antidumping and countervailing duty complaint by Canadian manufacturers.   12/13/2004/2004  
    Public offering of 2.723% Auto Loan Receivables-Backed Notes, Class A-1 ($200 million), 3.129% Auto Loan Receivables-Backed Notes, Class A-2 ($225 million), and 3.539% Auto Loan Receivables-Backed Notes, Class A-3 ($225 million), by Canadian Capital Auto Receivables Asset Trust and financing by way of an initial VPR Loan (approximately $351 million).   4/10/2004/2004  
    Acted for the consortium, Strait Crossing Development Inc., which successfully bid for, financed, developed and owns the long-term interest in the 12.9 kilometre long Confederation Bridge connecting the Canadian Provinces of New Brunswick and Prince Edward Island.
  8/17/2004/2004  
    Acted for Strait Crossing Joint Venture in a dispute arising out of light fixtures installed on Confederation Bridge.   4/1/2004/2004  
    Systemcorp A.L.G. Limited, a Montreal based company, which is a leading provider of project portfolio management software was acquired by IBM Canada Limited pursuant to a Plan of Arrangement under the Canada Business Corporations Act.   3/2/2004/2004  
    Acted for TD Capital Mezzanine Partners in regard to TD Capital, the private equity arm of TD Bank Financial Group, completing the closing of the TD Capital Mezzanine Partners Fund, a mezzanine debt fund comprised primarily of institutional investors committing $500 million to the fund. It is the largest private equity debt fund in Canada.   4/3/2004/2004  
    TD Securities Inc., BMO Nesbitt Burns Inc. and Desjardins Securities Inc. co-led the underwriting syndicate for the completion of a CDN$46 million initial public offering by 20-20 Technologies Inc. The IPO involved the underwriting of 6.154 million common shares at $6.50 per share, for gross proceeds of approx. CDN$40 million. Of these shares, 389,540 were being offered by a selling shareholder by way of a secondary offering at the same price of $6.50 per share. 20-20 closed the exercise of the over-allotment option granted to the underwriters in the amount of approx. CDN $6 million, bringing the total gross proceeds of the offering to approx. CDN$46 million.   3/17/2004/2004  
    The Black & Decker Corporation acquired the Pentair Tools Group from Pentair, Inc. for approximately US$775 million.   11/30/2004/2004  
    Acted for The Body Shop International plc on its acquisition of 94272 Canada Limited, carrying on business as The Body Shop Canada.
  8/25/2004/2004  
    Acted for The Cadillac Fairview Corporation Limited in its sale of three properties in Saskatoon and Regina to Borealis Retail REIT for $199 million.   6/28/2004/2004  
    UBS Securities LLC and Credit Suisse First Boston led the arrangement of debt financing of U.S.$800 million in an approximately U.S.$1.75 billion transaction where Thomas H. Lee Partners, LP, in partnership with Richard L. Bready, chairman and CEO of Nortek, Inc.(Nortek) and other members of Nortek management, acquired Nortek Holdings, Inc., the parent company of Nortek.   2/4/2004/2004  
    Plan of arrangement involving the acquisition of The Nu-Gro Corporation by United Industries for approximately $192 million.   7/16/2004/2004  
    Wal-Mart - First Pro Realty Partnership has sold, or agreed to sell, 38 shopping centres throughout Canada to Calloway REIT for an amount in excess of $890 million. These sales have been done in a series of four transactions and also involve development agreements for substantial future development of many of these properties.   7/13/2004/2004  
    West Fraser Timber Co. Ltd. acquired Weldwood of Canada Ltd. from International Paper Co. for CDN$1.26 billion. The transaction included the negotiation and settlement of a Consent Agreement between West Fraser and Canada’s competition commissioner.   12/31/2004/2004  
    Acted for the Westmont/Whitehall Partnership in connection with the disposition of its portfolio of 25 Canadian hotels for proceeds of approximately $300 million.   7/13/2004/2004  
    Xceed Mortgage Corporation entered into a CDN$60 million syndicated credit facility with Canadian Imperial Bank of Commerce, as lender and agent, and HSBC Bank of Canada and Bank of Montreal, as lenders.   12/15/2004/2004  
    Xceed Mortgage Corporation completed an initial public offering and secondary offering of common shares resulting in gross proceeds of approximately CDN$41.4 million. Xceed provides residential mortgage financing to Canadian borrowers seeking high-ratio mortgages or who do not meet the major banks' rigid underwriting criteria for prime mortgages.   7/19/2004/2004