Derek R.G. Vesey

Partner

Derek R. G. Vesey

Derek R.G. Vesey

Partner

Derek has “the ability to concentrate on the real issues” and is “very practical, hard-working, diligent and a pleasure to work with.”
Client – Chambers Canada 2017

Derek advises clients on a broad range of corporate matters, including corporate finance, banking, private equity, public-private partnership transactions, corporate reorganizations and general corporate matters.

He works in close partnership with his clients, advising banks, private equity firms, manufacturing and service businesses of all sizes – in Canada, the U.S., Europe and Asia.

He has significant expertise in advising clients on major syndicated credit facilities, acting for both borrowers and lenders. He also regularly consults on public-private infrastructure projects.

Derek teaches the Advanced Business Law course at Osgoode Hall Law School and has also lectured at Western University and University of Toronto Faculty of Law.

Derek R.G. Vesey

Partner

Derek has “the ability to concentrate on the real issues” and is “very practical, hard-working, diligent and a pleasure to work with.”
Client – Chambers Canada 2017

Derek advises clients on a broad range of corporate matters, including corporate finance, banking, private equity, public-private partnership transactions, corporate reorganizations and general corporate matters.

He works in close partnership with his clients, advising banks, private equity firms, manufacturing and service businesses of all sizes – in Canada, the U.S., Europe and Asia.

He has significant expertise in advising clients on major syndicated credit facilities, acting for both borrowers and lenders. He also regularly consults on public-private infrastructure projects.

Derek teaches the Advanced Business Law course at Osgoode Hall Law School and has also lectured at Western University and University of Toronto Faculty of Law.

The Blackstone Group

Acted as Canadian counsel to The Blackstone Group in connection with the acquisition of GE Capital Real Estate's assets in a transaction valued at approximately US$23 billion.

Burger King Worldwide, Inc.

Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.

Bank of America Merrill Lynch

Acted for Bank of America Merrill Lynch as arranger, lender and financial advisor with respect to a $5.1-billion financing to Loblaw Companies Limited on its $12.4-billion acquisition of Shoppers Drug Mart Corporation.

Northleaf Mid-Market Infrastructure Partners

Acted for Northleaf Mid-Market Infrastructure Partners in connection with a series of subordinated loans made available to the consortium on the Colorado US 36 Express Lanes Project. The subordinated debt proceeds complement a US$60-million TIFIA loan from the U.S. Department of Transportation; a US$20-million tax-exempt private activity bond ("PABs") issue; US$2 million in net construction revenues; and a US$41-million capital contribution from the State of Colorado.

Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, ING Capital and a syndicate of lenders

Acted for Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, ING Capital and a syndicate of lenders in the US$550-million senior secured credit facilities made available to Hudbay Minerals Inc. and Hudbay Peru SAC.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners on the acquisition and related financing of GPS Products Inc., a Canadian based company that designs, engineers and manufactures furniture for the educational market.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in the $101.6-million acquisition and related financing of non-core midstream and power assets in Canada from AltaGas Ltd. and in the $63.4-million acquisition of a 13.3% interest in Tidewater Midstream and Infrastructure Ltd., a public company, from AltaGas.

Bank of Montreal

Acted for Bank of Montreal, the administrative agent for a syndicate of lenders, in the $91-million senior secured credit facility made available to Summit Industrial Income REIT under the credit agreement in connection with the acquisition of five industrial properties in Québec.

National Bank of Canada

Acted for National Bank of Canada in a $80-million secured capital call loan made available to a fintech venture fund focused on investments in the global financial technology sector.

Sleep Country Canada Holdings Inc.

Acted for Sleep Country Canada Holdings Inc. in its $88.7-million acquisition of Endy, one of Canada's leading mattress-in-a-box e-commerce players, and the financing of this acquisition through an increase in and amendment to its $210-million senior secured syndicated credit facility.

A Canadian private equity sponsor

Acted for a major Canadian private equity sponsor in the establishment by The Toronto-Dominion Bank of a $75,000,000 secured revolving credit facility to fund the working capital requirements of a private equity fund having capital commitments of $765,000,000.

Resource-based private credit fund

Acted for a resource-based private credit fund in the establishment by Royal Bank of Canada of US$50,000,000 secured revolving credit facility to fund its working capital requirements.

Fulcrum Capital Partners

Acted for Fulcrum Capital Partners in its equity investment in and related financing of Accucam Machining, a Canada-based supplier of steel parts to heavy original equipment manufacturers in material handling, agricultural and construction industries around the world.

Blue Wolf Capital Partners LLC

Acted as Canadian counsel to Blue Wolf Capital Partners LLC on the acquisition and related financing of a majority stake in The State Group Inc., a leading North American multi-trade industrial and specialty services contractor.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners and one of its portfolio companies, Sigma Systems, in the amendment and restatement of a US$55-million loan provided by The Bank of Nova Scotia and a syndicate of lenders.

J.P. Morgan Securities Inc.

Acted as Canadian counsel to J.P. Morgan Securities Inc. in its capacity as dealer manager in the offer to exchange all of Lions Gate Entertainment Corp.'s US$520-million 5.875% senior notes for Lions Gate Capital Holdings LLC's 5.875% senior notes due 2024.

A Canadian infrastructure fund

Acted for a Canadian infrastructure fund in its $24-million secured capital call credit facility with the Bank of Montréal.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners on the acquisition and related financing of Midland Appliance, a leading seller of premium home appliances, based in Western Canada.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in its acquisition of CCM Hockey from Adidas.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its acquisition and related financing of Avena Foods Limited, a leading supplier of gluten-free oats to the North American market.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board (CPPIB) in its $1.175-billion acquisition of a 50% interest in Canadian office portfolio from Oxford Properties Group (Oxford). Oxford will continue to manage the properties on behalf of the partnership. The transaction brings the total size of the jointly owned Oxford-CPPIB office portfolio to over 12 million square feet.

Shaw Communications Inc.

Acted for Shaw Communications Inc. in connection with its sale of Shaw Media Inc. to Corus Entertainment Inc. for $2.65 billion. Shaw Media is the owner of the Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. Davies acted for Shaw in 2010 on the purchase of these assets from CanWest Global Communications for $2 billion. The proceeds from this sale were used to finance Shaw's acquisition of WIND Mobile for $1.6 billion. Davies acted for WIND Mobile.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in Back in Motion Rehab Inc., a provider of employment, rehabilitation and physiotherapy services.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners and Sleep Country Canada in connection with the $300-million initial public offering of common shares of Sleep Country Canada Holdings Inc. and in connection with a new $175-million senior secured credit facility. The proceeds of the initial public offering were used to acquire Sleep Country Canada Inc.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in connection with its investment in Sigma Systems, a Toronto-based communications software company.

Secured noteholders

Acted for the secured noteholders in connection with proceedings under the Companies' Creditors Arrangement Act relating to Cline Mining Corp. and its subsidiaries.

BofA Merrill Lynch, Scotiabank, ING, Societe Generale, SEB, BMO Capital Markets and GMP Securities

Acted as Canadian counsel for BofA Merrill Lynch and Scotiabank as joint book-running managers and ING, Societe Generale, SEB, BMO Capital Markets, and GMP Securities as co-managers in connection with the private placement of US$1-billion aggregate principal amount of senior secured notes by Lundin Mining Corporation. Proceeds were used to partially fund Lundin's US$1.8-billion acquisition of an 80% ownership stake in the Candelaria/Ojos del Salado copper mining operations and supporting infrastructure from Freeport-McMoRan Inc.

Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC

Acted as Canadian counsel for the initial purchasers, Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC, in a US$375-million private placement of senior secured notes due 2019 issued by Tembec Industries Inc., a wholly-owned subsidiary of Tembec Inc.

West Face Capital Inc.

Acted for West Face Capital Inc. in its acquisition, together with a consortium of investors including Globalive Capital, Tennenbaum Capital Partners and LG Capital Investors, of the interests of VimpelCom Ltd. in Globalive Wireless Management Corp. (doing business as WIND Mobile).

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in M&M Resources Inc., a leading energy services business focused on the oil and gas industry in northeast British Columbia and northwest Alberta.

Canadian Imperial Bank of Commerce and The Bank of Nova Scotia

Acted for Canadian Imperial Bank of Commerce, The Bank of Nova Scotia and a syndicate of lenders in connection with a US$100-million senior secured credit facility made available to Hudbay Minerals Inc. and Hudson Bay Mining and Smelting Co., Limited.

Northleaf Capital Partners

Acted for Northleaf Capital Partners in connection with its acquisition of Sierra Yoyo Desan Road in British Columbia.

Sandspring Resources Ltd.

Acted for Sandspring Resources Ltd. in connection with an early deposit gold stream transaction pursuant to which Sandspring agreed to sell 10% of the life-of-mine gold production from its Toroparu project located in Guyana, South America, to a subsidiary of Silver Wheaton Corp. in exchange for an up-front US$148.5-million cash deposit plus an ongoing production payment of the lesser of the market price and US$400 per payable ounce of gold.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in its investment in Frischkorn Audio-Visual Corp., Canada's leading independent provider of audio-visual services to corporate clients.

U.S. Silver & Gold Inc.

Acted for U.S. Silver & Gold Inc. in connection with both a senior secured credit facility provided by Royal Capital Management and certain lenders and the issuance of certain warrants to purchase common shares issued to Royal Capital Management.

The Energy and Minerals Group

Acted as Canadian counsel to The Energy and Minerals Group in connection with The Energy and Minerals Group increasing their interest in Baffinland's Mary River Iron Ore Project from 30% to 50% and the negotiation of definitive joint venture and related agreements between The Energy and Minerals Group and ArcelorMittal with respect to the development and operation of the Mary River Iron Ore Project.

Plazacorp Retail Properties Ltd.

Acted for Plazacorp Retail Properties Ltd. in connection with the credit facility provided by Royal Bank of Canada with respect to its negotiated takeover bid of KEYreit for approximately $119 million.

Bank of Montreal and Royal Bank of Canada

Acted for Bank of Montreal and Royal Bank of Canada in connection with a $190,000,000 secured term credit facility made available to Pure Industrial Real Estate Trust.

Stonebridge Financial Corporation and Stonebridge Infrastructure Debt Fund Limited Partnership

Acted for Stonebridge Financial Corporation, Stonebridge Infrastructure Debt Fund Limited Partnership and other lenders in connection with a multi-tranche term credit facility in favour of Firelight Solar L.P. to finance a portfolio of approximately 65 photovoltaic rooftop solar projects.

The Molson Brothers

Acted as counsel to the Molson brothers, Geoff, Andrew and Justin, in connection with the acquisition of the Montréal Canadiens Hockey Club by the investment group led by the Molson brothers. This transaction is considered to be one of the most significant acquisitions ever completed in professional sports in North America. The transaction also included the purchase of the Montréal Bell Centre and the Gillett Entertainment Group.

Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd.

Acted for the Miami Access Tunnel consortium, comprised of Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd. for the design, build, finance, operation and maintenance of the US$1.3 billion greenfield Port of Miami Tunnel project. Davies also acted as lead counsel for the consortium on the financing of the Project, with the senior debt financing of US$340 million being provided through a club of 10 international banks and the subordinated debt financing of US$341 million being provided as a 35-year fixed rate loan by the United States Department of Transportation under the federal TIFIA (Transportation Infrastructure Finance and Innovation Act of 1998) program. This project was awarded the 2009 Global PPP Deal of the Year by Project Finance magazine and the 2009 Americas PPP Deal of the Year by each of Project Finance International and Project Finance magazine.

Citibank International Plc, Citibank N.A. and General Electric Capital Corporation

Acted for Citibank International Plc, Citibank N.A. and General Electric Capital Corporation as agents and a syndicate of lenders in the US$6.7 billion term credit facility made available to SABIC Innovative Plastics Holding B.V., SABIC Innovative Plastics Holding US LP and SABIC Innovative Plastics GP B.V., supporting the acquisition of General Electric Company's plastics division by Saudi Basic Industries Corporation (SABIC).

Article

The Banking Regulation Review, 7th ed.: Canada Chapter

May 01, 2016 - Containing submissions from authors in 40 countries and territories, The Banking Regulation Review is a comprehensive guide to regulatory banking law around the world. A team of Davies lawyers has contributed the Canada chapter, which provides a thorough overview of the country’s banking...

Article

The Banking Regulation Review, 6th ed.: Canada Chapter

June 08, 2015 - Containing submissions from authors in 48 countries and territories, The Banking Regulation Review is a comprehensive guide to regulatory banking law around the world. A team of Davies lawyers has contributed the Canada chapter, which provides a thorough overview of the country’s...

Article

The Banking Regulation Review: Canada Chapter

May 01, 2014 - This chapter from The Banking Regulation Review, 5th ed., provides a thorough overview of banking regulation in Canada, including the regulatory regime applicable to banks, prudential regulation, conduct of business, funding, control of banks and transfer of banking business, and a review...

Chambers Global: The World’s Leading Lawyers for Business—Banking and Finance

Chambers Canada: Canada’s Leading Lawyers for Business—Banking and Finance

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Banking; Project Development

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Banking and Financial Institutions

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Financing

The Best Lawyers in Canada—Banking and Finance Law; Corporate Law; Project Finance Law

Who’s Who Legal: Canada—Banking; Who’s Who Legal: Banking—Finance

The Canadian Legal Lexpert Directory—Banking and Financial Institutions (Most Frequently Recommended); Corporate Commercial Law; Infrastructure Law; Project Finance

Report on Business/Lexpert Special Edition Canada’s Leading Infrastructure Lawyers

Report on Business/Lexpert Special Edition Canada’s Leading Energy Lawyers

Expert Guides—Banking; Banking, Finance and Transactional

Bar Admissions

Ontario, 1998

Education

Osgoode Hall Law School, LLB (Silver Medallist), 1996
Queen’s University, BComm (Honours), 1993

Community Involvement

Practical Law Canada, Finance Advisory Board

Teaching Engagements

Derek has taught the corporate law component of the Bar Admission Course and is involved in teaching the Advanced Business Law Workshop at Osgoode Hall Law School. He has also lectured at Western Law.

Derek has “the ability to concentrate on the real issues” and is “very practical, hard-working, diligent and a pleasure to work with.”
Client – Chambers Canada 2017

Derek advises clients on a broad range of corporate matters, including corporate finance, banking, private equity, public-private partnership transactions, corporate reorganizations and general corporate matters.

He works in close partnership with his clients, advising banks, private equity firms, manufacturing and service businesses of all sizes – in Canada, the U.S., Europe and Asia.

He has significant expertise in advising clients on major syndicated credit facilities, acting for both borrowers and lenders. He also regularly consults on public-private infrastructure projects.

Derek teaches the Advanced Business Law course at Osgoode Hall Law School and has also lectured at Western University and University of Toronto Faculty of Law.

The Blackstone Group

Acted as Canadian counsel to The Blackstone Group in connection with the acquisition of GE Capital Real Estate's assets in a transaction valued at approximately US$23 billion.

Burger King Worldwide, Inc.

Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.

Bank of America Merrill Lynch

Acted for Bank of America Merrill Lynch as arranger, lender and financial advisor with respect to a $5.1-billion financing to Loblaw Companies Limited on its $12.4-billion acquisition of Shoppers Drug Mart Corporation.

Northleaf Mid-Market Infrastructure Partners

Acted for Northleaf Mid-Market Infrastructure Partners in connection with a series of subordinated loans made available to the consortium on the Colorado US 36 Express Lanes Project. The subordinated debt proceeds complement a US$60-million TIFIA loan from the U.S. Department of Transportation; a US$20-million tax-exempt private activity bond ("PABs") issue; US$2 million in net construction revenues; and a US$41-million capital contribution from the State of Colorado.

Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, ING Capital and a syndicate of lenders

Acted for Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, ING Capital and a syndicate of lenders in the US$550-million senior secured credit facilities made available to Hudbay Minerals Inc. and Hudbay Peru SAC.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners on the acquisition and related financing of GPS Products Inc., a Canadian based company that designs, engineers and manufactures furniture for the educational market.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in the $101.6-million acquisition and related financing of non-core midstream and power assets in Canada from AltaGas Ltd. and in the $63.4-million acquisition of a 13.3% interest in Tidewater Midstream and Infrastructure Ltd., a public company, from AltaGas.

Bank of Montreal

Acted for Bank of Montreal, the administrative agent for a syndicate of lenders, in the $91-million senior secured credit facility made available to Summit Industrial Income REIT under the credit agreement in connection with the acquisition of five industrial properties in Québec.

National Bank of Canada

Acted for National Bank of Canada in a $80-million secured capital call loan made available to a fintech venture fund focused on investments in the global financial technology sector.

Sleep Country Canada Holdings Inc.

Acted for Sleep Country Canada Holdings Inc. in its $88.7-million acquisition of Endy, one of Canada's leading mattress-in-a-box e-commerce players, and the financing of this acquisition through an increase in and amendment to its $210-million senior secured syndicated credit facility.

A Canadian private equity sponsor

Acted for a major Canadian private equity sponsor in the establishment by The Toronto-Dominion Bank of a $75,000,000 secured revolving credit facility to fund the working capital requirements of a private equity fund having capital commitments of $765,000,000.

Resource-based private credit fund

Acted for a resource-based private credit fund in the establishment by Royal Bank of Canada of US$50,000,000 secured revolving credit facility to fund its working capital requirements.

Fulcrum Capital Partners

Acted for Fulcrum Capital Partners in its equity investment in and related financing of Accucam Machining, a Canada-based supplier of steel parts to heavy original equipment manufacturers in material handling, agricultural and construction industries around the world.

Blue Wolf Capital Partners LLC

Acted as Canadian counsel to Blue Wolf Capital Partners LLC on the acquisition and related financing of a majority stake in The State Group Inc., a leading North American multi-trade industrial and specialty services contractor.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners and one of its portfolio companies, Sigma Systems, in the amendment and restatement of a US$55-million loan provided by The Bank of Nova Scotia and a syndicate of lenders.

J.P. Morgan Securities Inc.

Acted as Canadian counsel to J.P. Morgan Securities Inc. in its capacity as dealer manager in the offer to exchange all of Lions Gate Entertainment Corp.'s US$520-million 5.875% senior notes for Lions Gate Capital Holdings LLC's 5.875% senior notes due 2024.

A Canadian infrastructure fund

Acted for a Canadian infrastructure fund in its $24-million secured capital call credit facility with the Bank of Montréal.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners on the acquisition and related financing of Midland Appliance, a leading seller of premium home appliances, based in Western Canada.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in its acquisition of CCM Hockey from Adidas.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its acquisition and related financing of Avena Foods Limited, a leading supplier of gluten-free oats to the North American market.

Canada Pension Plan Investment Board

Acted for the Canada Pension Plan Investment Board (CPPIB) in its $1.175-billion acquisition of a 50% interest in Canadian office portfolio from Oxford Properties Group (Oxford). Oxford will continue to manage the properties on behalf of the partnership. The transaction brings the total size of the jointly owned Oxford-CPPIB office portfolio to over 12 million square feet.

Shaw Communications Inc.

Acted for Shaw Communications Inc. in connection with its sale of Shaw Media Inc. to Corus Entertainment Inc. for $2.65 billion. Shaw Media is the owner of the Global Television Network and 19 specialty channels including HGTV Canada, Food Network Canada and Showcase. Davies acted for Shaw in 2010 on the purchase of these assets from CanWest Global Communications for $2 billion. The proceeds from this sale were used to finance Shaw's acquisition of WIND Mobile for $1.6 billion. Davies acted for WIND Mobile.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in Back in Motion Rehab Inc., a provider of employment, rehabilitation and physiotherapy services.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners and Sleep Country Canada in connection with the $300-million initial public offering of common shares of Sleep Country Canada Holdings Inc. and in connection with a new $175-million senior secured credit facility. The proceeds of the initial public offering were used to acquire Sleep Country Canada Inc.

Birch Hill Equity Partners

Acted for Birch Hill Equity Partners in connection with its investment in Sigma Systems, a Toronto-based communications software company.

Secured noteholders

Acted for the secured noteholders in connection with proceedings under the Companies' Creditors Arrangement Act relating to Cline Mining Corp. and its subsidiaries.

BofA Merrill Lynch, Scotiabank, ING, Societe Generale, SEB, BMO Capital Markets and GMP Securities

Acted as Canadian counsel for BofA Merrill Lynch and Scotiabank as joint book-running managers and ING, Societe Generale, SEB, BMO Capital Markets, and GMP Securities as co-managers in connection with the private placement of US$1-billion aggregate principal amount of senior secured notes by Lundin Mining Corporation. Proceeds were used to partially fund Lundin's US$1.8-billion acquisition of an 80% ownership stake in the Candelaria/Ojos del Salado copper mining operations and supporting infrastructure from Freeport-McMoRan Inc.

Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC

Acted as Canadian counsel for the initial purchasers, Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC, in a US$375-million private placement of senior secured notes due 2019 issued by Tembec Industries Inc., a wholly-owned subsidiary of Tembec Inc.

West Face Capital Inc.

Acted for West Face Capital Inc. in its acquisition, together with a consortium of investors including Globalive Capital, Tennenbaum Capital Partners and LG Capital Investors, of the interests of VimpelCom Ltd. in Globalive Wireless Management Corp. (doing business as WIND Mobile).

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in connection with its investment in M&M Resources Inc., a leading energy services business focused on the oil and gas industry in northeast British Columbia and northwest Alberta.

Canadian Imperial Bank of Commerce and The Bank of Nova Scotia

Acted for Canadian Imperial Bank of Commerce, The Bank of Nova Scotia and a syndicate of lenders in connection with a US$100-million senior secured credit facility made available to Hudbay Minerals Inc. and Hudson Bay Mining and Smelting Co., Limited.

Northleaf Capital Partners

Acted for Northleaf Capital Partners in connection with its acquisition of Sierra Yoyo Desan Road in British Columbia.

Sandspring Resources Ltd.

Acted for Sandspring Resources Ltd. in connection with an early deposit gold stream transaction pursuant to which Sandspring agreed to sell 10% of the life-of-mine gold production from its Toroparu project located in Guyana, South America, to a subsidiary of Silver Wheaton Corp. in exchange for an up-front US$148.5-million cash deposit plus an ongoing production payment of the lesser of the market price and US$400 per payable ounce of gold.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in its investment in Frischkorn Audio-Visual Corp., Canada's leading independent provider of audio-visual services to corporate clients.

U.S. Silver & Gold Inc.

Acted for U.S. Silver & Gold Inc. in connection with both a senior secured credit facility provided by Royal Capital Management and certain lenders and the issuance of certain warrants to purchase common shares issued to Royal Capital Management.

The Energy and Minerals Group

Acted as Canadian counsel to The Energy and Minerals Group in connection with The Energy and Minerals Group increasing their interest in Baffinland's Mary River Iron Ore Project from 30% to 50% and the negotiation of definitive joint venture and related agreements between The Energy and Minerals Group and ArcelorMittal with respect to the development and operation of the Mary River Iron Ore Project.

Plazacorp Retail Properties Ltd.

Acted for Plazacorp Retail Properties Ltd. in connection with the credit facility provided by Royal Bank of Canada with respect to its negotiated takeover bid of KEYreit for approximately $119 million.

Bank of Montreal and Royal Bank of Canada

Acted for Bank of Montreal and Royal Bank of Canada in connection with a $190,000,000 secured term credit facility made available to Pure Industrial Real Estate Trust.

Stonebridge Financial Corporation and Stonebridge Infrastructure Debt Fund Limited Partnership

Acted for Stonebridge Financial Corporation, Stonebridge Infrastructure Debt Fund Limited Partnership and other lenders in connection with a multi-tranche term credit facility in favour of Firelight Solar L.P. to finance a portfolio of approximately 65 photovoltaic rooftop solar projects.

The Molson Brothers

Acted as counsel to the Molson brothers, Geoff, Andrew and Justin, in connection with the acquisition of the Montréal Canadiens Hockey Club by the investment group led by the Molson brothers. This transaction is considered to be one of the most significant acquisitions ever completed in professional sports in North America. The transaction also included the purchase of the Montréal Bell Centre and the Gillett Entertainment Group.

Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd.

Acted for the Miami Access Tunnel consortium, comprised of Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd. for the design, build, finance, operation and maintenance of the US$1.3 billion greenfield Port of Miami Tunnel project. Davies also acted as lead counsel for the consortium on the financing of the Project, with the senior debt financing of US$340 million being provided through a club of 10 international banks and the subordinated debt financing of US$341 million being provided as a 35-year fixed rate loan by the United States Department of Transportation under the federal TIFIA (Transportation Infrastructure Finance and Innovation Act of 1998) program. This project was awarded the 2009 Global PPP Deal of the Year by Project Finance magazine and the 2009 Americas PPP Deal of the Year by each of Project Finance International and Project Finance magazine.

Citibank International Plc, Citibank N.A. and General Electric Capital Corporation

Acted for Citibank International Plc, Citibank N.A. and General Electric Capital Corporation as agents and a syndicate of lenders in the US$6.7 billion term credit facility made available to SABIC Innovative Plastics Holding B.V., SABIC Innovative Plastics Holding US LP and SABIC Innovative Plastics GP B.V., supporting the acquisition of General Electric Company's plastics division by Saudi Basic Industries Corporation (SABIC).

Article

The Banking Regulation Review, 7th ed.: Canada Chapter

May 01, 2016 - Containing submissions from authors in 40 countries and territories, The Banking Regulation Review is a comprehensive guide to regulatory banking law around the world. A team of Davies lawyers has contributed the Canada chapter, which provides a thorough overview of the country’s banking...

Article

The Banking Regulation Review, 6th ed.: Canada Chapter

June 08, 2015 - Containing submissions from authors in 48 countries and territories, The Banking Regulation Review is a comprehensive guide to regulatory banking law around the world. A team of Davies lawyers has contributed the Canada chapter, which provides a thorough overview of the country’s...

Article

The Banking Regulation Review: Canada Chapter

May 01, 2014 - This chapter from The Banking Regulation Review, 5th ed., provides a thorough overview of banking regulation in Canada, including the regulatory regime applicable to banks, prudential regulation, conduct of business, funding, control of banks and transfer of banking business, and a review...

Chambers Global: The World’s Leading Lawyers for Business—Banking and Finance

Chambers Canada: Canada’s Leading Lawyers for Business—Banking and Finance

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Banking; Project Development

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Banking and Financial Institutions

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Financing

The Best Lawyers in Canada—Banking and Finance Law; Corporate Law; Project Finance Law

Who’s Who Legal: Canada—Banking; Who’s Who Legal: Banking—Finance

The Canadian Legal Lexpert Directory—Banking and Financial Institutions (Most Frequently Recommended); Corporate Commercial Law; Infrastructure Law; Project Finance

Report on Business/Lexpert Special Edition Canada’s Leading Infrastructure Lawyers

Report on Business/Lexpert Special Edition Canada’s Leading Energy Lawyers

Expert Guides—Banking; Banking, Finance and Transactional

Bar Admissions

Ontario, 1998

Education

Osgoode Hall Law School, LLB (Silver Medallist), 1996
Queen’s University, BComm (Honours), 1993

Community Involvement

Practical Law Canada, Finance Advisory Board

Teaching Engagements

Derek has taught the corporate law component of the Bar Admission Course and is involved in teaching the Advanced Business Law Workshop at Osgoode Hall Law School. He has also lectured at Western Law.