Marc André Gaudreau Duval

Associate

Marc André Guadreau Duval

Marc André Gaudreau Duval

Associate

Clients turn to Marc André for his business-oriented approach and his innovative tax solutions.

Marc André regularly acts for public and private corporations, private equity and tax-exempt entities on the structuring and financing of mergers and acquisitions, joint ventures, corporate reorganizations and international investments.

He also advises high-net-worth individuals with respect to sophisticated cross-border tax planning, real estate investments and trust matters.

Marc André joined Davies after starting his career at a leading professional services firm where he specialized in Canadian and U.S. international tax. While there, he gained valuable experience assisting on major M&A transactions, private equity deals, international structuring and cross-border estate tax planning.

Marc André Gaudreau Duval

Associate

Clients turn to Marc André for his business-oriented approach and his innovative tax solutions.

Marc André regularly acts for public and private corporations, private equity and tax-exempt entities on the structuring and financing of mergers and acquisitions, joint ventures, corporate reorganizations and international investments.

He also advises high-net-worth individuals with respect to sophisticated cross-border tax planning, real estate investments and trust matters.

Marc André joined Davies after starting his career at a leading professional services firm where he specialized in Canadian and U.S. international tax. While there, he gained valuable experience assisting on major M&A transactions, private equity deals, international structuring and cross-border estate tax planning.

Agrium Inc.

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.

Nutrien Ltd.

Acted as Canadian tax counsel to Nutrien Ltd. in its acquisition of Actagro, LLC, a leading developer, manufacturer and marketer of environmentally sustainable soil and plant health products and technologies.

Axium Infrastructure Inc.

Acted for Axium Infrastructure Inc. in its acquisition from Mitsubishi Corporation of a 50% interest in a portfolio of nine solar farms located in Ontario.

Business Development Bank of Canada

Acting for Business Development Bank of Canada in connection with the Government of Canada's Venture Capital Catalyst Initiative, which involves the formation of certain venture capital fund-of-funds. Teralys Capital Innovation Fund, Northleaf Venture Catalyst Fund II and Kensington Venture Fund II, three of the five venture capital fund-of-funds established under the VCCI program, had their initial closings in 2018.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its recommended US$18.3-billion share-for-share merger with Randgold Resources Limited. This complex and multijurisdictional transaction created an industry-leading gold company with the greatest concentration of tier one gold assets in the industry and a diversified asset portfolio positioned for growth.

Business Development Bank of Canada

Acted for Business Development Bank of Canada in its investment, as an anchor investor, in Framework Venture Partners, a newly-formed venture capital fund focussed principally on software as a service, artificial intelligence and machine learning companies.

Waratah Capital Advisors Ltd.

Acted for Waratah Capital in the formation of the Royalty Capital Limited Partnerships, each of which invests in Lithium Royalty Corporation.

Axium Infrastructure Inc. and The Manufacturers Life Insurance Company

Acted for Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $1.4-billion acquisition of AltaGas Ltd.'s remaining 55% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility.

Recochem, Inc.

Acted for management of Recochem, Inc., a global leader in manufacturing, marketing and distributing aftermarket transportation and household fluids, in the acquisition of Recochem by an affiliate of H.I.G. Capital, a private equity investment firm from an affiliate of Swander Pace Capital.

Trivest Partners L.P.

Acted for Trivest Partners, a U.S. private equity firm focused exclusively on mid-market founder- and family-owned businesses, in its acquisition of GAL Power Systems, a leading Canadian provider of commercial and industrial power generator sets and climate control systems operating across Canada, including Québec.

A group of investors

Acted for a group of investors regarding MPX Bioceutical Corporation's issuance, through a wholly owned Luxembourg subsidiary, of US$40 million in secured convertible original issue discount notes.

Axium Infrastructure Inc. and The Manufacturers Life Insurance Company

Acted for (i) Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $922-million acquisition from AltaGas Ltd. of a 35% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility; and (ii) Northwestern Hydro Acquisition Inc. (NWHA), the special purpose acquisition vehicle formed to complete the acquisition, in a subsequent $650 million senior secured bond financing and related letter of credit facility.

Confidential client

Acted for a U.S. state retirement system in its joint venture with a real estate development company for the acquisition of various industrial properties in Ontario.

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.

Rogers Sugar Inc.

Acted for Rogers Sugar Inc. in connection with the issuance, on a bought deal basis, of $97,750,000 aggregate principal amount of convertible unsecured subordinated debentures.

Russel Metals Inc.

Acted for Russel Metals Inc. in its private placement of $150 million of high yield notes due 2026.

Cycle Capital Management Inc.

Acted for Cycle Capital Management Inc. in the creation of Qingdao Chengtou Haisi Cycle Equity Investment Fund, a $125-million technology venture capital fund.

BELLUS Health Inc.

Acted for BELLUS Health Inc. in its $20-million overnight marketed offering of common shares.

High-Net-Worth Family

Acted for a high-net-worth family on tax matters related to a reorganization of the family's corporate holdings.

Potash Corporation of Saskatchewan Inc.

Acted as Canadian tax counsel for Potash Corporation of Saskatchewan Inc. in its US$36-billion merger of equals with Agrium Inc. to create the world-class integrated global supplier of crop inputs, Nutrien Ltd. This deal was named 2017's Deal of the Year by Lexpert Magazine and won the Mining Deal of the Year award at the 2017 Canadian Dealmakers Awards.

Bulletin

Canada Enacts the OECD-Sponsored Multilateral Instrument

June 26, 2019 - Canada has enacted into law the OECD-sponsored Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The enactment of June 21, 2019 represents the penultimate step in the domestic ratification of the MLI in Canada, which will be...

Speaking Engagement

Moderator, IFA International Tax Conference 2019, “Back-to-Back Loan Rules”; Montréal, QC

May 14, 2019

Bulletin

Canadian and U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - In our annual Tax Review and Outlook report, we look back at significant developments in the Canadian and U.S. tax landscapes in 2018 and offer our predictions on what to expect in 2019. Key Canadian Developments in 2018 Budget 2018 scaled back controversial initiative on taxation of passive...

Bulletin

Canadian Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - Each year at this time we offer a look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and a look ahead to possible Canadian tax developments in the coming year. Legislative Developments in 2018Budget 2018A. ...

Article

Now It’s “Excluded Property”, Now It’s Not, co-author

Dec. 01, 2018 - International Tax Newsletter, No. 103 (Wolters Kluwer)
Download this article.

Speaking Engagement

Law Society of Ontario, Taxation Issues for Real Estate Lawyers 2018, “Taxation of Real Estate Partnerships”; Toronto, ON

Nov. 20, 2018

Bar Admissions

Québec, 2013

Education

Université de Montréal, LLB (Dean’s Honour List), 2012
Chartered Professional Accountants of Canada, In-Depth Tax Course, Levels I, II & III
China University of Political Science and Law, Certificate in Chinese law, 2010

Professional Affiliations

Association de planification fiscale et financière
Canadian Tax Foundation
International Fiscal Association

Community Involvement

International Fiscal Association, Canada Council, YIN Committee

Clients turn to Marc André for his business-oriented approach and his innovative tax solutions.

Marc André regularly acts for public and private corporations, private equity and tax-exempt entities on the structuring and financing of mergers and acquisitions, joint ventures, corporate reorganizations and international investments.

He also advises high-net-worth individuals with respect to sophisticated cross-border tax planning, real estate investments and trust matters.

Marc André joined Davies after starting his career at a leading professional services firm where he specialized in Canadian and U.S. international tax. While there, he gained valuable experience assisting on major M&A transactions, private equity deals, international structuring and cross-border estate tax planning.

Agrium Inc.

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.

Nutrien Ltd.

Acted as Canadian tax counsel to Nutrien Ltd. in its acquisition of Actagro, LLC, a leading developer, manufacturer and marketer of environmentally sustainable soil and plant health products and technologies.

Axium Infrastructure Inc.

Acted for Axium Infrastructure Inc. in its acquisition from Mitsubishi Corporation of a 50% interest in a portfolio of nine solar farms located in Ontario.

Business Development Bank of Canada

Acting for Business Development Bank of Canada in connection with the Government of Canada's Venture Capital Catalyst Initiative, which involves the formation of certain venture capital fund-of-funds. Teralys Capital Innovation Fund, Northleaf Venture Catalyst Fund II and Kensington Venture Fund II, three of the five venture capital fund-of-funds established under the VCCI program, had their initial closings in 2018.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its recommended US$18.3-billion share-for-share merger with Randgold Resources Limited. This complex and multijurisdictional transaction created an industry-leading gold company with the greatest concentration of tier one gold assets in the industry and a diversified asset portfolio positioned for growth.

Business Development Bank of Canada

Acted for Business Development Bank of Canada in its investment, as an anchor investor, in Framework Venture Partners, a newly-formed venture capital fund focussed principally on software as a service, artificial intelligence and machine learning companies.

Waratah Capital Advisors Ltd.

Acted for Waratah Capital in the formation of the Royalty Capital Limited Partnerships, each of which invests in Lithium Royalty Corporation.

Axium Infrastructure Inc. and The Manufacturers Life Insurance Company

Acted for Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $1.4-billion acquisition of AltaGas Ltd.'s remaining 55% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility.

Recochem, Inc.

Acted for management of Recochem, Inc., a global leader in manufacturing, marketing and distributing aftermarket transportation and household fluids, in the acquisition of Recochem by an affiliate of H.I.G. Capital, a private equity investment firm from an affiliate of Swander Pace Capital.

Trivest Partners L.P.

Acted for Trivest Partners, a U.S. private equity firm focused exclusively on mid-market founder- and family-owned businesses, in its acquisition of GAL Power Systems, a leading Canadian provider of commercial and industrial power generator sets and climate control systems operating across Canada, including Québec.

A group of investors

Acted for a group of investors regarding MPX Bioceutical Corporation's issuance, through a wholly owned Luxembourg subsidiary, of US$40 million in secured convertible original issue discount notes.

Axium Infrastructure Inc. and The Manufacturers Life Insurance Company

Acted for (i) Axium Infrastructure Inc. and The Manufacturers Life Insurance Company in their joint $922-million acquisition from AltaGas Ltd. of a 35% interest in three hydroelectric projects in northwest British Columbia: the 195 MW Forrest Kerr Hydroelectric Facility, the 66 MW McLymont Creek Hydroelectric Facility and the 16 MW Volcano Creek Hydroelectric Facility; and (ii) Northwestern Hydro Acquisition Inc. (NWHA), the special purpose acquisition vehicle formed to complete the acquisition, in a subsequent $650 million senior secured bond financing and related letter of credit facility.

Confidential client

Acted for a U.S. state retirement system in its joint venture with a real estate development company for the acquisition of various industrial properties in Ontario.

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.

Rogers Sugar Inc.

Acted for Rogers Sugar Inc. in connection with the issuance, on a bought deal basis, of $97,750,000 aggregate principal amount of convertible unsecured subordinated debentures.

Russel Metals Inc.

Acted for Russel Metals Inc. in its private placement of $150 million of high yield notes due 2026.

Cycle Capital Management Inc.

Acted for Cycle Capital Management Inc. in the creation of Qingdao Chengtou Haisi Cycle Equity Investment Fund, a $125-million technology venture capital fund.

BELLUS Health Inc.

Acted for BELLUS Health Inc. in its $20-million overnight marketed offering of common shares.

High-Net-Worth Family

Acted for a high-net-worth family on tax matters related to a reorganization of the family's corporate holdings.

Potash Corporation of Saskatchewan Inc.

Acted as Canadian tax counsel for Potash Corporation of Saskatchewan Inc. in its US$36-billion merger of equals with Agrium Inc. to create the world-class integrated global supplier of crop inputs, Nutrien Ltd. This deal was named 2017's Deal of the Year by Lexpert Magazine and won the Mining Deal of the Year award at the 2017 Canadian Dealmakers Awards.

Bulletin

Canada Enacts the OECD-Sponsored Multilateral Instrument

June 26, 2019 - Canada has enacted into law the OECD-sponsored Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The enactment of June 21, 2019 represents the penultimate step in the domestic ratification of the MLI in Canada, which will be...

Speaking Engagement

Moderator, IFA International Tax Conference 2019, “Back-to-Back Loan Rules”; Montréal, QC

May 14, 2019

Bulletin

Canadian and U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - In our annual Tax Review and Outlook report, we look back at significant developments in the Canadian and U.S. tax landscapes in 2018 and offer our predictions on what to expect in 2019. Key Canadian Developments in 2018 Budget 2018 scaled back controversial initiative on taxation of passive...

Bulletin

Canadian Tax Laws: A Review of 2018 and a Look Ahead to 2019

Jan. 31, 2019 - Each year at this time we offer a look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and a look ahead to possible Canadian tax developments in the coming year. Legislative Developments in 2018Budget 2018A. ...

Article

Now It’s “Excluded Property”, Now It’s Not, co-author

Dec. 01, 2018 - International Tax Newsletter, No. 103 (Wolters Kluwer)
Download this article.

Speaking Engagement

Law Society of Ontario, Taxation Issues for Real Estate Lawyers 2018, “Taxation of Real Estate Partnerships”; Toronto, ON

Nov. 20, 2018

Bar Admissions

Québec, 2013

Education

Université de Montréal, LLB (Dean’s Honour List), 2012
Chartered Professional Accountants of Canada, In-Depth Tax Course, Levels I, II & III
China University of Political Science and Law, Certificate in Chinese law, 2010

Professional Affiliations

Association de planification fiscale et financière
Canadian Tax Foundation
International Fiscal Association

Community Involvement

International Fiscal Association, Canada Council, YIN Committee