RelationShop Inc., 2024
Acted as Canadian counsel for RelationShop Inc. in its acquisition of all of the issued and outstanding shares of Mercatus Technologies, a leading provider of eCommerce solutions for regional grocers and independents.
Retail
The Body Shop Canada Limited, 2024
Acting for The Body Shop Canada Limited Inc. with its restructuring under the Bankruptcy and Insolvency Act, which include liquidating 33 stores across Canada.
Groupe Legault / JE Mondou Ltée, 2023
Acted for Legault Group in its joint venture with Groupe Montoni relating to the construction of a nearly 400,000 square feet automated distribution centre as part of the final phase of the Mascouche CentrOparc business district. The facility, which represents an investment of over $90 million, will be owned equally by the partners and will used to service the Mondou chain of pet supply stores.
Basic Resources, Inc., 2023
Acted for Basic Resources, Inc. in its US$160-million acquisition of the Warners, Olga and True & Co businesses from the fashion conglomerate PVH Corp.
Alimentation Couche-Tard Inc., 2023
Acted for Alimentation Couche-Tard Inc. both in its acquisition of Cape D’Or Holdings Limited and Barrington Terminals Limited, which operate an independent convenience store and fuel network in Atlantic Canada under the Esso, Wilsons Gas Stops and Go! Store brands, and in connection with obtaining the Canadian Competition Bureau’s approval for the transaction. Also acted for Alimentation Couche-Tard Inc. in the divestiture of 52 retail and fuel locations to Harnois Énergies.
Mastermind Toys, 2023
Acted for Mastermind Toys in its proceedings under the Companies' Creditors Arrangement Act, which included liquidating 18 stores and the sale of majority of its locations to Mastermind Toys Inc., a subsidiary of Unity Acquisitions Inc.
Sleep Country Holdings Inc., 2023
Acted for Sleep Country Canada Holdings Inc. in its acquisition of the Canadian assets of Casper Sleep Inc.
BMO Nesbitt Burns Inc., 2023
Acted for BMO Nesbitt Burns Inc., National Bank Financial Inc., RBC Dominion Securities Inc., and a syndicate of agents in a C$300-million offering of Metro Inc.’s 4.657% Series K senior unsecured notes due February 7, 2033.
Ivanhoé Cambridge Inc., 2022
Acted for Ivanhoe Cambridge Inc. in (i) its sale of an undivided 50% interest in the Place Laurier Québec (comprising of the shopping centre, Édifice Champlain and Tour Frontenac) located in Québec City to Douville, Moffet & Associés and (ii) the creation of a strategic partnership with Douville, Moffet & Associés to each take part in the accelerated redevelopment and the densification of such site. Place Laurier Québec has the highest municipally assessed value in Québec City.
National Tire Distributors, 2022
Acted for National Tire Distributors, the Canadian subsidiary of American Tire Distributors, in its sale to Groupe Touchette Inc.
Sleep Country Canada Holdings Inc., 2022
Acted for Sleep Country Canada Holdings Inc., Canada's leading omnichannel specialty sleep retailer, in its acquisition of Silk & Snow Inc., a Canadian-based direct-to-consumer sleep retailer.
Cadillac Fairview Corporation Limited, 2022
Acted for Cadillac Fairview and its affiliated entities in its joint venture with TD Greystone Asset Management relating to CF Carrefour Laval, the largest enclosed shopping centre in the Greater Montréal Area, including approximately 1,200,000 square feet of retail space.
The Sherwin-Williams Company, 2022
Acted for The Sherwin-Williams Company, a global leader in the coatings industry, in its acquisition of AquaSurTech, which primarily manufactures and distributes industrial coatings and related products.
New Look Vision Group Inc., 2021
Acted for New Look Vision Group Inc. in its $800-million sale to NL1 AcquireCo Inc., an entity created by funds managed by FFL Partners, LLC, a San Francisco-based private equity firm, Caisse de dépôt et placement du Québec and the Dr. H. Doug Barnes Family.
BMO Nesbitt Burns Inc., Scotia Capital Inc., TD Securities Inc., 2021
Acted for BMO Nesbitt Burns Inc., Scotia Capital Inc., TD Securities Inc. and a group of other agents in a $300-million offering of Metro Inc.'s 1.922% Series J senior unsecured notes due December 2, 2024.
New Look Vision Group Inc., 2021
Acting for New Look Vision Group Inc. and New Look (Delaware) Corporation in the acquisition of Luxury Optical Holdings, one of the largest retailers of ultra-luxury glass frames, sunglasses and other eyewear throughout the United States.
Sleep Country Canada Holdings Inc., 2021
Acted for Sleep Country Canada Holdings Inc., Canada's leading omnichannel specialty sleep retailer, in its $25-million acquisition of a 52% majority stake in Hush Blankets, a Canadian-based direct-to-consumer sleep retailer.
Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.), 2021
Acting for Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.) in defence of a class action instituted against large retailers in Québec claiming that their advertisement informing of the availability of consumer credit contravenes the provisions of the Consumer Protection Act and the Regulation respecting the Application of the Consumer Protection Act.
Grimco Canada, Inc, 2021
Acted for Grimco Canada, Inc., a national wholesale sign supply manufacturer and distributor, in its acquisition of Cobalt Graphics Distribution, a division of Cansel Survey Equipment, Inc.
Alimentation Couche-Tard Inc., 2021
Acted for Alimentation Couche-Tard Inc. in connection with its U.S. private offerings of (i) US$650-million principal amount of senior unsecured notes due in 2041; and (ii) US$350-million principal amount of senior unsecured notes due in 2051 (Green Bonds).
Ivanhoé Cambridge Inc. and Oxford Properties Group, 2021
Acting for Ivanhoé Cambridge Inc. and Oxford Properties Group in the restructuring proceedings of Le Château Inc. under the Companies' Creditors Arrangement Act.
Sobeys Inc., 2021
Acted for Sobeys Inc. in the acquisition of a majority interest in Ricardo Media Inc. and in connection with the related shareholders, use of intellectual property and employment arrangements.
Sequoia Capital, 2021
Acted as Canadian counsel to Sequoia Capital in its minority investment in SSENSE, a Montréal-based fashion e-commerce retailer, giving SSENSE a post-money enterprise value of over $5 billion.
Kerry Logistics (Canada) Inc., 2020
Acted for Kerry Logistics (Canada) Inc., an international freight forwarder and logistics services provider, in the restructuring under the Bankruptcy and Insolvency Act of its customer, Stokes Inc., a tableware and kitchenware retailer with 147 retail locations across Canada.
BMO Nesbitt Burns Inc., 2020
Acted for a syndicate of agents co-led by BMO Nesbitt Burns Inc., National Bank Financial Inc. and RBC Dominion Securities Inc. in connection with the offering by Metro Inc. of $400 million aggregate principal amount of Series I, 3.413% senior unsecured notes due February 28, 2050.
Boutique Linus Inc., 2020
Acted for Boutique Linus Inc. which operates Fortnine.ca, a leading Canadian online retailer and distributor in the powersports industry, in a sale of an interest to Novacap.
SunOpta Inc., 2020
Acted for SunOpta Inc. in connection with a US$60-million equity investment by related party Oaktree Capital Management, L.P. and activist shareholder Engaged Capital, LLC in preferred shares of a SunOpta subsidiary exchangeable into common shares of the public parent company and voting on an as-exchanged basis.
The Aldo Group Inc., 2020
Acted for The Aldo Group Inc. in its successful restructuring under the Companies’ Creditors Arrangement Act. This restructuring won Insolvency and Restructuring Deal of the Year at the 2023 Canadian Law Awards.
Alimentation Couche-Tard Inc., 2020
Acting for Alimentation Couche-Tard Inc. in the strategic disposition of its operating gas station sites operating under the banners Circle K and Couche-Tard in prime locations in Ontario and Québec.
Alimentation Couche-Tard Inc., 2020
Acting as Canadian counsel to Alimentation Couche-Tard Inc. ("Couche-Tard") in connection with its further revised non-binding, indicative offer made on February 12, 2020 to the Board of Caltex to acquire 100% of Caltex by way of scheme of arrangement.
Acme United Corporation, 2020
Acted for Acme United Corporation in its acquisition of the assets of First Aid Central, a Canadian-based manufacturer of first aid kits and safety supplies.
HSBC Bank of Canada, 2020
Acting for HSBC Bank of Canada in its capacity as operating lender and DIP lender to Ernest Enterprises (Mtl) Ltd.
Reitmans (Canada) Limited, 2020
Acting for Reitmans (Canada) Limited, a TSX-listed clothing retailer with approximately 600 stores across Canada operating under five different banners (Reitmans, Penningtons, Addition Elle, Thyme Maternity and RW&CO), in its restructuring under the Companies' Creditors Arrangement Act.
Alimentation Couche-Tard Inc., 2020
Acted for Alimentation Couche-Tard Inc. in an offering of US$1.5 billion principal amount of senior unsecured notes on a private placement basis in the United States.
Things Remembered Canada Inc., 2019
Acted for Things Remembered Inc. (Canada) and Things Remembered, Inc. (U.S.) in their cross-border restructuring proceedings under the Bankruptcy and Insolvency Act in Canada and Chapter 11 of the U.S. Bankruptcy Code.
Crayola Canada, 2019
Acted for Crayola Canada with respect to its commercial and contractual relationships with Toys "R" Us (Canada) Ltd. and its affiliates (TRU) in light of TRU's proceedings pursuant to the Companies' Creditors Arrangement Act.
Bentley Leathers Inc., 2019
Acted for Bentley Leathers Inc., a Montréal-based luggage, handbags and travel accessories retailer, in its restructuring into a new entity to preserve over 160 of its 250 stores across Canada.
Iris, Le Groupe Visuel (1990) Inc., 2019
Acted for Iris, Le Groupe Visuel (1990) Inc., the optometric division of New Look Vision Group Inc., in its acquisition of substantially all of the assets of the Darryl Sher group, which operates six retail optical clinics in Southern Ontario: Toronto, Owen Sound, Midland, Alliston, Angus and Bracebridge.
The Aldo Group Inc., 2019
Acting as counsel to The Aldo Group Inc. for all its employment matters.
Alimentation Couche-Tard Inc., 2019
Acted for Alimentation Couche-Tard Inc. (ACT) in its strategic investment in Fire & Flower Holdings Corp., a leading independent cannabis retailer based in Edmonton, Alberta, to (i) purchase $25,989,985.42 principal amount of 8% convertible unsecured debentures and (ii) be issued three series of share purchase warrants, which, if exercised in full, would subsequently increase ACT's ownership interest to 50.1% on a fully diluted basis.
Ontario Teachers' Pension Plan Board, 2019
Acting for Ontario Teachers' Pension Plan Board in the $170-million sale of its shares in Hudson's Bay Company to an affiliated entity controlled by its chairman.
Liquor Control Board of Ontario, 2019
Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants, and awarded substantial costs of almost $800,000. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.
Montoni Group, 2019
Acted for Montoni Group in the purchase and the redevelopment of the old Molson brewery on Notre-Dame Street East in Montréal.
New Look Vision Group, 2019
Acting for New Look Vision Group in its acquisition of substantially all of the assets of Miami-based Coco Lunette Holding, LLC, which carries on business principally under the Edward Beiner banner, a retailer known for its unique and original designer eyewear, with a strong presence in key premium markets across 12 locations in Florida.
Nutrien Ltd., 2019
Acted as Canadian tax counsel to Nutrien Ltd. in its acquisition, for a purchase price of over A$468 million by way of a scheme of arrangement under Australian law, of Ruralco Holdings Limited, which is listed on the Australian Securities Exchange (ASX: RHL) and is one of Australia's leading agriservice businesses.
XCCommerce Inc., 2019
Acted for XCCommerce Inc., a software development and implementation company that specializes in retail-specific solutions, in its sale to Otimo Retail Inc.
Red Bull Canada Ltd., 2018
Acted in a national class action suit against Red Bull Canada and against its Austrian parent, Red Bull GmbH, alleging misrepresentations made in the marketing of Red Bull energy drinks in Canada.
Groupe Vision New Look Inc., 2018
Acting for Groupe Vision New Look Inc., Québec's largest optical products retailer, in a class action claiming the refund of all fees charged for medications and services in relation to optical services provided to consumers between 2012 and 2015.
Mierins Automotive Group, 2018
Acted as tax counsel for Mierins Automotive Group in the sale of 10 automotive dealerships operating in Ottawa, Kingston and Brockville.
Target Corporation, 2018
Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.
Alimentation Couche-Tard Inc., 2018
Acted for MC Cannabis Inc., an affiliate of Alimentation Couche-Tard Inc., in connection with the negotiation and structuring of a multi-year agreement with Tweed Franchise Inc., an affiliate of Canopy Growth Corporation, to launch Tweed-branded cannabis retail stores in Ontario.
Confidential Arbitration, 2018
Successfully arbitrated a contractual dispute for a Québec-based client in the retail products industry. The dispute involved synthesizing the 20 year history of a series of multi-lateral relationships and resulted in a complete victory for Davies' client.
Alimentation Couche-Tard Inc., 2018
Acted for Alimentation Couche-Tard Inc. in the sale of 13 gas stations and retail sites to Irving Oil Limited in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island.
Berkshire Partners, 2018
Acted as Canadian counsel to Berkshire Partners in the $800-million sale of Farm Boy, a fast-growing and successful Canadian food retailer, to Empire Company Limited.
The Cadillac Fairview Corporation Limited, 2018
Acted for The Cadillac Fairview Corporation Limited in Sears Canada's proceedings pursuant to the Companies' Creditors Arrangement Act, including post-filing lease transactions, wind down of existing contractual relationships and claims related advice.
Alimentation Couche-Tard Inc., 2018
Acted for MC Cannabis Inc., an affiliate of Alimentation Couche-Tard Inc., in connection with agreements with one of the winners of the Alcohol and Gaming Commission of Ontario's Expression of Interest Application Lottery conducted on January 11, 2019, which will operate a "Tweed-branded" retail store in the city of London, Ontario.
Tour des Canadiens L.P., 2018
Acted for the Tour des Canadiens L.P. in the sale of 1909 Taverne Moderne, a landmark retail asset. This is Canada's largest sports bar and restaurant with its three storeys representing an area of 25,174 square-feet.
Interactive Validated Solutions 88 Inc., 2018
Acted for Interactive Validated Solutions 88 Inc. (Pivot 88) in connection with an equity investment by Newtimes Development Ltd.
Giant Tiger Stores Limited, 2018
Acting for Giant Tiger Stores Limited in its defence of multiple class proceedings commenced across Canada (including Ontario, British Columbia, Saskatchewan, Alberta, Manitoba, Québec and the Federal Court) relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels.
Ivanhoé Cambridge Inc., 2018
Acted for Ivanhoé Cambridge Inc. in its partnership with Cirque du Soleil to launch an innovative concept in family entertainment centres. The first family entertainment centre of Cirque du Soleil in Canada, CREACTIVE, will open in the Vaughan Mills centre, owned by Ivanhoé Cambridge, in 2020.
Alimentation Couche-Tard Inc., 2017
Acted as lead counsel for Alimentation Couche-Tard Inc. in (i) its acquisition, by way of merger, of the Texas-based gas-and-convenience-store chain CST Brands, Inc., valued at approximately US$4.4 billion; and (ii) its subsequent sale of a portion of CST Brands, Inc.'s Canadian assets to Parkland Fuel Corporation for approximately US$750 million, subject to adjustments. Louise Patry was responsible for all employment and labour issues such as the planning of the workforce integration, transfer of employment and management-retention issues.
Meyer Housewares Canada Inc., 2017
Acted for Meyer Housewares Canada Inc. in connection with its acquisition from Canadian Tire Corporation, Limited, of the Padinox business in Prince Edward Island, which manufactures and distributes kitchenware.
Alimentation Couche-Tard Inc., 2017
Acted for Alimentation Couche-Tard Inc. in an offering of US$900 million principal amount of senior unsecured notes on a private placement basis in the United States.
Laurentian Bank of Canada, 2017
Acting for Laurentian Bank of Canada, one of the debtor's most important secured creditors, in the restructuring of Gestion Eric Savard under the Companies' Creditors Arrangement Act.
BMO Nesbitt Burns Inc., 2017
Acted for a syndicate of agents co-led by BMO Nesbitt Burns Inc., National Bank Financial Inc. and CIBC World Markets Inc. on the following private placement by Metro Inc. to partially finance its acquisition of The Jean-Coutu Group (PJC) Inc.: $1.2 billion aggregate principal amount of 2.68% Series F senior unsecured notes due December 5, 2022; 3.39% Series G senior unsecured notes due December 6, 2027; and 4.27% Series H senior unsecured notes due December 4, 2047.
BMO Nesbitt Burns Inc., 2017
Acted for a syndicate of agents co-led by BMO Nesbitt Burns Inc., National Bank Financial Inc. and TD Securities Inc. in connection with a $400-million offering of Series E floating rate senior unsecured notes due February 27, 2020 by Metro Inc.
GSO Capital Partners LP, 2017
Acted for GSO Capital Partners LP and its affiliates in the negotiation and establishment of two credit facilities, and the acquisition of substantially all of the assets of Grafton-Fraser Inc., former owner of Tip Top Tailors and other men's retail chains across Canada, pursuant to the Companies' Creditors Arrangement Act.
Cominar Real Estate Investment Trust, 2017
Acting for Cominar Real Estate Investment Trust in an injunctive matter involving Librairie Raffin and Librairie Renaud-Bray in connection with the leasing of commercial premises.
McKesson Canada, 2017
Acted for McKesson Canada in its acquisition of Well.ca, an online retailer of health, wellness, baby and beauty products.
Freemark Apparel Brands Inc., Freemark Apparel Brands USA, Inc., Freemark Apparel Brands ESP Inc. and Freemark, 2017
Acting for Freemark Apparel Brands Inc., Freemark Apparel Brands USA, Inc., Freemark Apparel Brands ESP Inc. and Freemark Apparel Brands TEC Inc., in their restructuring under the Bankruptcy and Insolvency Act (Canada).
Sally Beauty Holdings, Inc., 2017
Acted for Sally Beauty Holdings, Inc., the world's largest distributor and retailer of professional beauty products, in its acquisition of a Québec-based company in the hair care industry.
Major North American Retailer, 2017
Acting for a major retailer with operations in the U.S. and in Canada with respect to duties imposed by the Canada Border Services Agency on the importation of goods into Canada.
Vision Travel Solutions Inc., 2017
Acted for Vision Travel, the largest independent travel management company in Canada, in connection with its merger with Colorado-based Direct Travel, Inc., one of the top travel management companies in the United States. Direct Travel and Vision Travel represent over $3 billion in sales, and the expanded business will have offices in over 60 locations with close to 2,000 employees across North America.
Deloitte Restructuring Inc., 2017
Acting for Deloitte Restructuring Inc., in its capacity as trustee to the notice of intention, in the restructuring of BCBG Max Azria Canada Inc. under the Bankruptcy and Insolvency Act.
New Look Vision Group Inc., 2017
Acted for New Look Vision Group Inc. in its $120-million acquisition, by way of plan of arrangement, of Iris, le groupe visuel (1990) Inc., which has a network of 147 retail locations across Québec, British Columbia, Alberta, Ontario and New Brunswick. The purchase was financed through various arrangements, including an increase of New Look's senior secured term facility with its bank syndicate, a new junior unsecured debt facility and an equity private placement.
Danier Leather Inc., 2017
Acted for Danier Leather Inc. in its proposal, receivership and bankruptcy proceedings all under the Bankruptcy and Insolvency Act, which saw all of Danier's creditors being paid in full, leaving a considerable surplus for shareholders.
Sweet Park Holdings Inc., 2017
Acted for The Bensadoun Family Foundation, a principal shareholder of Aritzia Inc., in connection with Aritzia Inc.'s secondary offering of 20,100 million subordinate voting shares at a price of $17.45 per share, for aggregate gross proceeds of $350,745 million, sold via an investment vehicle managed by Berkshire Partners LLC.
Groupe Montoni / VSL Logistics Hub Limited Partnership, 2017
Acted for Groupe Montoni, in partnership with Montez Corporation and Lotus Real Estate Group, in its acquisition of Sears Canada's distribution centre in Montréal's borough of Saint-Laurent, the leaseback to Sears of a 1.6 million sq. ft. portion of the property and the subsequent redevelopment and leasing of the property.
Royal Bank of Canada, 2017
Acting for Royal Bank of Canada, the most important secured creditor of Artemano Canada Inc., in the latter's restructuring proceedings under the Bankruptcy and Insolvency Act.
