Aaron J. Atkinson

Partner

Aaron J. Atkinson

Aaron J. Atkinson

Partner

Clients trust Aaron to deliver strategic solutions for their critical business transactions.

Aaron’s practice focuses on public and private mergers and acquisitions, capital markets and securities, and corporate governance. Canadian and international businesses, boards and investors spanning a wide range of industry sectors – including mining, technology, life sciences and financial services – count on Aaron for his business-minded and results-oriented approach to their complex legal issues.

A seasoned and strategic practitioner, Aaron has advised on some of the country’s most high-profile domestic and cross-border transactions, including contested matters such as unsolicited takeover bids and proxy contests with wide-ranging experience advising bidders/activists as well as targets and target boards.

Well versed in corporate governance, Aaron is also regularly called upon to advise boards and board special committees on transactional matters as well as internal investigations and complex governance issues.

Aaron J. Atkinson

Partner

Clients trust Aaron to deliver strategic solutions for their critical business transactions.

Aaron’s practice focuses on public and private mergers and acquisitions, capital markets and securities, and corporate governance. Canadian and international businesses, boards and investors spanning a wide range of industry sectors – including mining, technology, life sciences and financial services – count on Aaron for his business-minded and results-oriented approach to their complex legal issues.

A seasoned and strategic practitioner, Aaron has advised on some of the country’s most high-profile domestic and cross-border transactions, including contested matters such as unsolicited takeover bids and proxy contests with wide-ranging experience advising bidders/activists as well as targets and target boards.

Well versed in corporate governance, Aaron is also regularly called upon to advise boards and board special committees on transactional matters as well as internal investigations and complex governance issues.

Mobile Content:

Agnico Eagle Mines Limited

Acting for Agnico Eagle Mines Limited in its joint topping bid with Pan American Silver Corp. for the acquisition of Yamana Gold Inc., pursuant to which Pan American would acquire all of the issued and outstanding common shares of Yamana and Agnico Eagle would acquire Yamana's Canadian assets (including its interest in the Canadian Malartic mine).

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Points.com Inc.

Acted for Points.com Inc., the global leader in powering loyalty commerce, in its sale by plan of arrangement to Plusgrade Parent L.P. in an all-cash transaction valuing Points at US$385 million.

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Mantle Ridge LP

Acted for Mantle Ridge LP in its accumulation of a material equity stake in Dollar Tree and subsequent engagement with Dollar Tree culminating in an agreement to appoint seven new directors, including Richard Dreiling, as executive chair, and Paul Hilal, founder and CEO of Mantle Ridge LP, as vice chair.

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Elliott Investment Management L.P.

Acting for Elliott Investment Management L.P. in its shareholder engagement with Kinross Gold Corporation regarding capital allocation.

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Elliott Investment Management L.P.

Acted for Elliott Investment Management L.P. in its accumulation of a material stake in Suncor Energy and subsequent engagement with Suncor culminating in an agreement (i) to appoint three new directors immediately with a potential fourth to be added depending on Suncor's performance against its peers, (ii) to participate on Suncor's CEO search committee, and (iii) to form a board committee to conduct a strategic review of Suncor's downstream retail business.

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IAMGold Corporation

Acted for IAMGold Corporation in its engagement with Resource Capital Fund and subsequent entry into a Collaboration Agreement to appoint additional independent directors to the board.

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SEMAFO Inc.

Acted as counsel to SEMAFO Inc. in its US$2.1-billion business combination with Endeavour Mining Corporation by way of plan of arrangement under the Business Corporations Act (Québec).

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BMO Capital Markets

Acting for BMO Capital Markets, in connection with its formal valuation and fairness opinion to the special committee of Aris Gold Corporation, regarding Aris Gold's merger with GCM Mining Corp. to create a leading American gold producer.

Mobile Content:

Nova Metrix LLC

Acted for Nova Metrix LLC in the sale of its subsidiary, FISO Technologies Inc., to Resonetics LLC, a portfolio company of GTCR.

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Generac Holdings Inc.

Acted as Canadian counsel to Generac Holdings Inc., a leading energy technology company, in its US$770-million acquisition of ecobee Inc., a leader in sustainable smart home solutions.

Guide
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Davies Governance Insights – September 2022, contributor

Sept. 06, 2022 - Davies Governance Insights analyzes the top trends and issues most important to Canadian public companies and provides practical guidance for boards to meet these challenges head on. In this edition: Ten Regulatory and Judicial Developments That GCs and Boards Need to...

In the News
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10 Years After: The Proxy Contest at Pacific Railway Reverberates to This Day

June 09, 2022 - In this article originally published in Insightia Monthly, Patricia Olasker and Aaron Atkinson, who acted on opposing sides of the Pershing Square/Canadian Pacific proxy contest, reflect on the lasting impact of the landmark event a decade on. Download the article.

Bulletin
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If It Ain’t Broke… Davies Comments on Draft Capital Markets Act

Feb. 25, 2022 - Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario Securities Act. Although some modifications to Ontario...

Guide
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Public Mergers and Acquisitions in Canada: Overview, co-author

Nov. 01, 2021 - Practical Law – Mergers and Acquisitions Global Guide (Thomson Reuters)
Read the chapter.

Guide
Mobile Content:

Davies Governance Insights 2020, contributor

Oct. 05, 2020 - Davies Governance Insights 2020 provides a comprehensive analysis of the trends and developments that have shaped the corporate governance landscape and those that are expected to define the next decade. Against the backdrop of the COVID-19 crisis, this year’s report explores key issues...

Bulletin
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Davies Highlights Concerns with Proposals to Modernize Ontario’s Capital Markets

Sept. 09, 2020 - Davies has submitted a comprehensive comment letter to the Capital Markets Modernization Taskforce (Taskforce) in response to the consultation report published by the Taskforce on July 9, 2020 (Report). The Taskforce was formed by the Ontario government in February 2020 with a mandate to review...

In the News
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Aaron Atkinson Discusses the Future of Hostile Bids with The Globe and Mail

June 18, 2020 - Following the recent publication of Davies’ report, The Hostile Bid Is Dead. Long Live the Hostile Bid?, The Globe and Mail featured partner and author Aaron Atkinson for his insights on what lies ahead for Canadian public M&A activity in the post-pandemic world. The Davies report...

Guide
Mobile Content:

The Hostile Bid Is Dead. Long Live the Hostile Bid?

June 15, 2020 - With much of the world focused on the immediacy of the COVID-19 pandemic, including its heavy human and economic toll, we have cast our eyes optimistically on the (near, we hope) future when companies regain sufficient confidence to re-enter the public M&A market in large numbers. Although...

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Chambers Canada: Canada’s Leading Lawyers for Business—Corporate/Commercial: Ontario

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IFLR1000: The Guide to the World’s Leading Financial Law Firms—Mergers and Acquisitions

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The Legal 500 Canada—Corporate and M&A (Leading Individual)

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The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Corporate Commercial Law; Corporate Finance & Securities; Mergers and Acquisitions

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Lexpert Special Edition: Agribusiness and Cannabis

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Lexpert Special Edition: Finance and M&A

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Lexpert Special Edition: Mining

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Lexpert Special Edition: Technology and Health Sciences

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The Canadian Legal Lexpert Directory—Corporate Commercial Law (Most Frequently Recommended); Corporate Finance and Securities (Most Frequently Recommended); Corporate Mid-Market (Most Frequently Recommended); Mergers and Acquisitions (Most Frequently Recommended); Mining; Private Equity

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The Best Lawyers in Canada—Corporate Governance Practice; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law; Securities Law

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Lexpert Rising Stars: Leading Lawyers Under 40

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Who’s Who Legal: Canada—Capital Markets

Bar Admissions
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Ontario, 2001

Education
Mobile Content:

University of Windsor, LLB (Gold Medallist), 1999
University of Windsor, BA (Hons), 1996

Teaching Engagements
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Aaron is an adjunct professor at Osgoode Hall Law School where he teaches the Advanced Business Law Workshop. He has served as a lecturer in Osgoode’s Corporate Remedies LLM course and taught “Mergers and Acquisitions: Emerging Strategies and Regulatory Issues” for the Intensive Course in Canadian Securities Law and Practice, part of Osgoode’s Professional Development Program. Previously, Aaron taught Corporate Finance and M&A for eight years at the University of Windsor Faculty of Law.

Clients trust Aaron to deliver strategic solutions for their critical business transactions.

Aaron’s practice focuses on public and private mergers and acquisitions, capital markets and securities, and corporate governance. Canadian and international businesses, boards and investors spanning a wide range of industry sectors – including mining, technology, life sciences and financial services – count on Aaron for his business-minded and results-oriented approach to their complex legal issues.

A seasoned and strategic practitioner, Aaron has advised on some of the country’s most high-profile domestic and cross-border transactions, including contested matters such as unsolicited takeover bids and proxy contests with wide-ranging experience advising bidders/activists as well as targets and target boards.

Well versed in corporate governance, Aaron is also regularly called upon to advise boards and board special committees on transactional matters as well as internal investigations and complex governance issues.

Agnico Eagle Mines Limited

Acting for Agnico Eagle Mines Limited in its joint topping bid with Pan American Silver Corp. for the acquisition of Yamana Gold Inc., pursuant to which Pan American would acquire all of the issued and outstanding common shares of Yamana and Agnico Eagle would acquire Yamana's Canadian assets (including its interest in the Canadian Malartic mine).

Points.com Inc.

Acted for Points.com Inc., the global leader in powering loyalty commerce, in its sale by plan of arrangement to Plusgrade Parent L.P. in an all-cash transaction valuing Points at US$385 million.

Mantle Ridge LP

Acted for Mantle Ridge LP in its accumulation of a material equity stake in Dollar Tree and subsequent engagement with Dollar Tree culminating in an agreement to appoint seven new directors, including Richard Dreiling, as executive chair, and Paul Hilal, founder and CEO of Mantle Ridge LP, as vice chair.

Elliott Investment Management L.P.

Acting for Elliott Investment Management L.P. in its shareholder engagement with Kinross Gold Corporation regarding capital allocation.

Elliott Investment Management L.P.

Acted for Elliott Investment Management L.P. in its accumulation of a material stake in Suncor Energy and subsequent engagement with Suncor culminating in an agreement (i) to appoint three new directors immediately with a potential fourth to be added depending on Suncor's performance against its peers, (ii) to participate on Suncor's CEO search committee, and (iii) to form a board committee to conduct a strategic review of Suncor's downstream retail business.

IAMGold Corporation

Acted for IAMGold Corporation in its engagement with Resource Capital Fund and subsequent entry into a Collaboration Agreement to appoint additional independent directors to the board.

SEMAFO Inc.

Acted as counsel to SEMAFO Inc. in its US$2.1-billion business combination with Endeavour Mining Corporation by way of plan of arrangement under the Business Corporations Act (Québec).

BMO Capital Markets

Acting for BMO Capital Markets, in connection with its formal valuation and fairness opinion to the special committee of Aris Gold Corporation, regarding Aris Gold's merger with GCM Mining Corp. to create a leading American gold producer.

Nova Metrix LLC

Acted for Nova Metrix LLC in the sale of its subsidiary, FISO Technologies Inc., to Resonetics LLC, a portfolio company of GTCR.

Generac Holdings Inc.

Acted as Canadian counsel to Generac Holdings Inc., a leading energy technology company, in its US$770-million acquisition of ecobee Inc., a leader in sustainable smart home solutions.

Guide

Davies Governance Insights – September 2022, contributor

Sept. 06, 2022 - Davies Governance Insights analyzes the top trends and issues most important to Canadian public companies and provides practical guidance for boards to meet these challenges head on. In this edition: Ten Regulatory and Judicial Developments That GCs and Boards Need to...

Bulletin

If It Ain’t Broke… Davies Comments on Draft Capital Markets Act

Feb. 25, 2022 - Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario Securities Act. Although some modifications to Ontario...

Guide

Public Mergers and Acquisitions in Canada: Overview, co-author

Nov. 01, 2021 - Practical Law – Mergers and Acquisitions Global Guide (Thomson Reuters)
Read the chapter.

Guide

Davies Governance Insights 2020, contributor

Oct. 05, 2020 - Davies Governance Insights 2020 provides a comprehensive analysis of the trends and developments that have shaped the corporate governance landscape and those that are expected to define the next decade. Against the backdrop of the COVID-19 crisis, this year’s report explores key issues...

In the News

Aaron Atkinson Discusses the Future of Hostile Bids with The Globe and Mail

June 18, 2020 - Following the recent publication of Davies’ report, The Hostile Bid Is Dead. Long Live the Hostile Bid?, The Globe and Mail featured partner and author Aaron Atkinson for his insights on what lies ahead for Canadian public M&A activity in the post-pandemic world. The Davies report...

Guide

The Hostile Bid Is Dead. Long Live the Hostile Bid?

June 15, 2020 - With much of the world focused on the immediacy of the COVID-19 pandemic, including its heavy human and economic toll, we have cast our eyes optimistically on the (near, we hope) future when companies regain sufficient confidence to re-enter the public M&A market in large numbers. Although...

Chambers Canada: Canada’s Leading Lawyers for Business—Corporate/Commercial: Ontario

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Mergers and Acquisitions

The Legal 500 Canada—Corporate and M&A (Leading Individual)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Corporate Commercial Law; Corporate Finance & Securities; Mergers and Acquisitions

Lexpert Special Edition: Agribusiness and Cannabis

Lexpert Special Edition: Finance and M&A

Lexpert Special Edition: Mining

Lexpert Special Edition: Technology and Health Sciences

The Canadian Legal Lexpert Directory—Corporate Commercial Law (Most Frequently Recommended); Corporate Finance and Securities (Most Frequently Recommended); Corporate Mid-Market (Most Frequently Recommended); Mergers and Acquisitions (Most Frequently Recommended); Mining; Private Equity

The Best Lawyers in Canada—Corporate Governance Practice; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law; Securities Law

Lexpert Rising Stars: Leading Lawyers Under 40

Who’s Who Legal: Canada—Capital Markets

Bar Admissions

Ontario, 2001

Education

University of Windsor, LLB (Gold Medallist), 1999
University of Windsor, BA (Hons), 1996

Teaching Engagements

Aaron is an adjunct professor at Osgoode Hall Law School where he teaches the Advanced Business Law Workshop. He has served as a lecturer in Osgoode’s Corporate Remedies LLM course and taught “Mergers and Acquisitions: Emerging Strategies and Regulatory Issues” for the Intensive Course in Canadian Securities Law and Practice, part of Osgoode’s Professional Development Program. Previously, Aaron taught Corporate Finance and M&A for eight years at the University of Windsor Faculty of Law.