Clients count on Kim for excellent service and advice that combine strong technical expertise with a business-minded approach.
With a practice focusing on corporate tax planning, Kim advises on the tax aspects of mergers and acquisitions, corporate reorganizations, corporate finance, partnerships, trusts, real estate and cross-border transactions. She works with companies of all sizes, across all industry sectors. Kim also advocates for clients to resolve tax disputes with the Canada Revenue Agency.
Acted for Fortis Inc. in connection with its issuance of an aggregate principal amount of approximately US$2 billion of registered notes in exchange for notes previously issued to U.S. investors on a private placement basis. The new notes issued as a result of the exchange offer were qualified by a prospectus supplement under a cross-border shelf prospectus filed under the multi-jurisdictional disclosure system.
Desjardins Capital Markets and National Bank Financial
Acted for a syndicate of underwriters co-led by Desjardins Capital Markets and National Bank Financial on a $55-million bought deal public offering of trust units of Nexus REIT and a concurrent private placement of $15 million.
Brio Gold Inc.
Acted for Brio Gold Inc. in connection with an $80-million secondary offering of common shares.
Atlas Holdings LLC
Acted for Atlas Holdings in connection with Atlas's acquisition of an 80% equity interest in Millar Western Forest Products and Atlas's exchange of high-yield notes for new secured high-yield notes as the supporting noteholder for Millar Western's US$210-million note exchange transaction. The note exchange transaction was implemented under a plan of arrangement under the Canada Business Corporations Act and, together with Atlas's subsequent equity investment by way of a debt for share exchange transaction, significantly reduced Millar Western's indebtedness and strengthened its financial position, enhancing its ability to respond to and capitalize on developments in the forest products industry.
Acted for Fortis Inc. in connection with its $500-million direct registered offering of common shares to a U.S. institutional investor. The shares were sold pursuant to a cross-border shelf prospectus filed by Fortis under the multi-jurisdictional disclosure system.
RBC Capital Markets and Scotiabank
Acted for the syndicate of underwriters, led by RBC Capital Markets and Scotiabank, in connection with a US$166-million bought deal public offering of common shares of New Gold Inc. The net proceeds from the offering were used to finance the completion of the construction of the Rainy River gold project in Ontario, Canada.
TIO Networks Corp.
Acted for the Special Committee of the board of directors of TIO Networks Corp., in connection with its $304-million acquisition by PayPal Holdings, Inc. TIO is a North American cloud-based multi-channel bill payment processing and receivables management company.
Syndicate of underwriters, led by CIBC Capital Markets and RBC Capital Markets
Acted as Canadian counsel for a syndicate of underwriters, managed by CIBC World Markets Inc., Jefferies Securities, Inc., RBC Dominion Securities Inc. and Robert W. Baird & Co. Incorporated, in connection with the $125-million initial public offering and secondary offering of an aggregate of 10,900,000 Class A subordinate voting shares of Freshii Inc., a Canadian healthy fast-casual franchise. The offering was the first Canadian initial public offering on the Toronto Stock Exchange in 2017.
Acted for Fortis Inc. in connection with its $500-million public offering, by way of prospectus supplement, of 2.85% senior unsecured notes due 2023. Fortis established its first cross-border shelf prospectus on November 30, 2016, using the multijurisdictional disclosure system.
BMO Capital Markets and CIBC World Markets Inc.
Acted for a syndicate of underwriters co-led by BMO Capital Markets and CIBC World Markets Inc. in connection with a $193-million bought deal public offering of trust units of Milestone Apartments Real Estate Investment Trust. The REIT intends to use the proceeds from the offering to fund a portion of the purchase price for its US$242-million acquisition of a portfolio of six multi-family properties.
Canadian Taxation of Trusts, co-author
Dec. 31, 2016 - (Toronto: Canadian Tax Foundation)
Non-Resident Trusts: Selected Interpretive and Planning Issues – Part II, co-author
Dec. 31, 2016 - Canadian Tax Journal, Vol. 64, No. 3
Non-Resident Trusts: Selected Interpretive and Planning Issues – Part I, co-author
Nov. 30, 2016 - Canadian Tax Journal, Vol. 64, No. 2
2016 Federal Budget: Tax Highlights
Mar. 22, 2016 - The new Liberal government’s first budget (Budget 2016) has been the subject of anticipation and speculation, much of it apprehensive. Unusually, Budget 2016 is noteworthy for what it does not contain. Budget 2016 does not introduce changes to increase the tax rate on employee stock option...
Canadian Tax Foundation, annual conference workshop, “Dealing with Mistakes in a Tax Practice”
Nov. 01, 2013
Federated Press, Structuring Direct Investments Course, “Use of a Netherlands Holding Company”
Jan. 01, 2013
The Law Society of Upper Canada, Taxation Issues in Real Estate Transactions Course, “Principal Income Tax and HST Considerations Related to Real Estate in Corporation Reorganizations”
Nov. 01, 2012
Foreign Mergers and “Demergers” Under Recent Canadian Proposals, co-author
Feb. 10, 2012 - Tax Management International Journal, Vol. 41, No. 2