Mark Firman

Partner

Mark Firman

Mark Firman

Partner

Bar Admissions
  • Ontario, 2009

Mark draws on his unique blend of in-depth knowledge and perspective to provide tailored solutions that meet clients’ needs.

Known as an outside-the-box thinker, Mark advises on all aspects of pensions, employment and executive compensation law, with a focus on mergers and acquisitions, insolvencies and reorganizations, pension fund investments, equity incentive plans and fund governance. Mark’s deep familiarity and experience on both sides of public pension funds have earned him the trust of this growing group of international dealmakers. Employers, plan administrators, boards, service providers and governments rely on Mark’s incisive counsel to help them navigate complex compliance requirements and best practices.

Mark is a member of the International Pension & Employee Benefits Lawyers Association Steering Committee, editor of Taxation of Executive Compensation and Retirement and past chair of the Ontario Bar Association's Pension & Benefits Law Section executive.

Prior to joining Davies, Mark was director and legal counsel at the Ontario Teachers’ Pension Plan and partner at a Canadian law firm.

Mark Firman

Partner

Mark draws on his unique blend of in-depth knowledge and perspective to provide tailored solutions that meet clients’ needs.

Known as an outside-the-box thinker, Mark advises on all aspects of pensions, employment and executive compensation law, with a focus on mergers and acquisitions, insolvencies and reorganizations, pension fund investments, equity incentive plans and fund governance. Mark’s deep familiarity and experience on both sides of public pension funds have earned him the trust of this growing group of international dealmakers. Employers, plan administrators, boards, service providers and governments rely on Mark’s incisive counsel to help them navigate complex compliance requirements and best practices.

Mark is a member of the International Pension & Employee Benefits Lawyers Association Steering Committee, editor of Taxation of Executive Compensation and Retirement and past chair of the Ontario Bar Association's Pension & Benefits Law Section executive.

Prior to joining Davies, Mark was director and legal counsel at the Ontario Teachers’ Pension Plan and partner at a Canadian law firm.

Google LLC

Acted for Google LLC in its acquisition of North Inc., a pioneer in human computer interfaces and smart glasses.

McCain Foods Limited

Acted for McCain Foods Limited in its C$70-million acquisition of Hillspring Farms Ltd., a Canadian farmer of potatoes, through a quick-flip sale in a receivership.

Digital Colony

Acted for Digital Colony in connection with the additional $148.5 million of bank financing raised to recapitalize Beanfield Technologies Inc. and the related tuck-in acquisition by Beanfield of the fibre business of Aptum Technologies.

Seikagaku Corporation

Acted for Seikagaku Corporation, a Tokyo-based public company in its acquisition of all the outstanding shares of Dalton Chemicals Laboratories, Inc., a leading North American pharmaceutical organization providing integrated drug discovery, development, and manufacturing services.

DIF Capital Partners

Acted for DIF Capital Partners, through its DIF Core Infrastructure Fund II (DIF CIF II), in its majority investment in Valley Fiber Ltd., a Manitoba-based telecommunications infrastructure company.

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).

Square, Inc.

Acted as Canadian counsel to Square, Inc. in its acquisition of Dessa, a Toronto-based company building machine learning applications that address significant real-world challenges for all types of businesses.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., Canada's largest rural-focused broadband service provider, in its sale to Stonepeak Infrastructure Partners.

Alstom S.A.

Acting as Canadian counsel to Alstom S.A. in its US$8.2-billion strategic acquisition of Bombardier Transportation.

Brand Industrial Services, Inc.

Acting for BrandSafway, a global leader providing a broad range of solutions to the industrial, commercial and infrastructure markets, in its acquisition of AGF Access Group, Inc.

Apotex Inc.

Acted as lead transaction and tax counsel to Apotex Inc. and ApoPharma USA Inc. on the sale of the ApoPharma business, including the global rights to Deferiprone, an iron chelator used to treat iron overload conditions resulting from blood transfusions, to Chiesi Farmaceutici S.p.A.

Hostess Brands, Inc.

Acted as Canadian counsel to Hostess Brands Inc. in its $425-million acquisition of Voortman Cookies Limited from Swander Pace Capital.

FCF Co. Ltd.

Acted as Canadian counsel for FCF Co., Ltd. in its US$928-million acquisition of all the assets of Clover Leaf Foods and Bumble Bee Foods, North America's largest branded shelf-stable seafood companies, under a sale proceeding conducted under the Companies' Creditors Arrangement Act and the U.S. Bankruptcy Code.

Driven Brands Inc.

Acted for Roark Capital-backed Driven Brands Inc. in its acquisition of Clairus Canada Group, a major automotive parts, windshield repair and claims management business based in Québec.

Trivest Partners L.P.

Acted for Trivest Partners L.P., a U.S. private equity firm focused exclusively on mid-market founder- and family-owned businesses, in its add-on acquisition of Total Power Limited, a Canadian provider of generators and climate control systems operating in Ontario, British Columbia and Alberta. The purchase was financed through various arrangements, including equity contributions and an increase in Trivest's senior secured facility with its bank syndicate.

Digital Colony

Acted for Digital Colony, the global digital infrastructure investment platform of Colony Capital, Inc., in its acquisition (and related bank financing) of Beanfield Technologies Inc., an independent bandwidth infrastructure provider serving the enterprise, carrier and multi-dwelling unit markets in Toronto and Montréal over its owned fibre network.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its historic joint venture with Newmont Goldcorp Corporation, which combined their respective mining operations, assets, reserves and talent in Nevada to create the world's largest gold complex.

Article

When DB Investments Go Bad. The U.S. Supreme Court Offers Comforting Lessons for Canadian Sponsors and Administrators

June 26, 2020 - The Observer, Issue 2 (The Association of Canadian Pension Management)
Read the article.

Bulletin

How to Work When Nothing Is Working: Canadian Employment Law and COVID-19

Mar. 23, 2020 - As with the rest of the world, Canadian employers are confronting unprecedented challenges in the face of the global COVID-19 pandemic. Employers are now tasked with navigating a mix of existing laws (designed for what used to be the status quo), and new, quickly enacted emergency measures, with...

Speaking Engagement

Instructor, The Osgoode Certificate in Pension Law, “Pension Governance & Risk Management: The Current World of Single Employer, Multi-Employer and Jointly Governed Target Benefit Plans, and the New World of PRPPs”; Toronto, ON

Mar. 04, 2020

Speaking Engagement

International Foundation of Employee Benefit Plans, Institute for Apprenticeship Training and Education Programs, “Dealing With Behavioural Issues – The Legal and HR Issues”; Rancho Mirage, CA

Jan. 22, 2020

Speaking Engagement

International Foundation of Employee Benefit Plans, Institute for Apprenticeship Training and Education Programs, “Fit for Duty”; Rancho Mirage, CA

Jan. 21, 2020

Speaking Engagement

Instructor, International Foundation of Employee Benefit Plans, Advanced Trust Management Standards Program (Legal); San Francisco, CA; November 23 & 24, 2019

Nov. 23, 2019

Bar Admissions

Ontario, 2009

Education

University of Toronto, JD (Honours), 2008
Queen’s University, BA (Hons) (Gold Medallist), 2005

Professional Affiliations

Canadian Bar Association
Ontario Bar Association

Community Involvement

The Association of Canadian Pension Management, National Policy Committee and Ontario Regional Council
International Pension & Employee Benefits Lawyers Association, secretary
Canadian Bar Association, National Pensions & Benefits Law Section, Advocacy and Government Relations Committee
Ontario Bar Association, Pensions & Benefits Law Section Executive, past chair
International Foundation of Employee Benefit Plans, instructor
Thomson Reuters, Taxation of Executive Compensation and Retirement, editor

Mark draws on his unique blend of in-depth knowledge and perspective to provide tailored solutions that meet clients’ needs.

Known as an outside-the-box thinker, Mark advises on all aspects of pensions, employment and executive compensation law, with a focus on mergers and acquisitions, insolvencies and reorganizations, pension fund investments, equity incentive plans and fund governance. Mark’s deep familiarity and experience on both sides of public pension funds have earned him the trust of this growing group of international dealmakers. Employers, plan administrators, boards, service providers and governments rely on Mark’s incisive counsel to help them navigate complex compliance requirements and best practices.

Mark is a member of the International Pension & Employee Benefits Lawyers Association Steering Committee, editor of Taxation of Executive Compensation and Retirement and past chair of the Ontario Bar Association's Pension & Benefits Law Section executive.

Prior to joining Davies, Mark was director and legal counsel at the Ontario Teachers’ Pension Plan and partner at a Canadian law firm.

Google LLC

Acted for Google LLC in its acquisition of North Inc., a pioneer in human computer interfaces and smart glasses.

McCain Foods Limited

Acted for McCain Foods Limited in its C$70-million acquisition of Hillspring Farms Ltd., a Canadian farmer of potatoes, through a quick-flip sale in a receivership.

Digital Colony

Acted for Digital Colony in connection with the additional $148.5 million of bank financing raised to recapitalize Beanfield Technologies Inc. and the related tuck-in acquisition by Beanfield of the fibre business of Aptum Technologies.

Seikagaku Corporation

Acted for Seikagaku Corporation, a Tokyo-based public company in its acquisition of all the outstanding shares of Dalton Chemicals Laboratories, Inc., a leading North American pharmaceutical organization providing integrated drug discovery, development, and manufacturing services.

DIF Capital Partners

Acted for DIF Capital Partners, through its DIF Core Infrastructure Fund II (DIF CIF II), in its majority investment in Valley Fiber Ltd., a Manitoba-based telecommunications infrastructure company.

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).

Square, Inc.

Acted as Canadian counsel to Square, Inc. in its acquisition of Dessa, a Toronto-based company building machine learning applications that address significant real-world challenges for all types of businesses.

Xplornet Communications Inc.

Acted for Xplornet Communications Inc., Canada's largest rural-focused broadband service provider, in its sale to Stonepeak Infrastructure Partners.

Alstom S.A.

Acting as Canadian counsel to Alstom S.A. in its US$8.2-billion strategic acquisition of Bombardier Transportation.

Brand Industrial Services, Inc.

Acting for BrandSafway, a global leader providing a broad range of solutions to the industrial, commercial and infrastructure markets, in its acquisition of AGF Access Group, Inc.

Apotex Inc.

Acted as lead transaction and tax counsel to Apotex Inc. and ApoPharma USA Inc. on the sale of the ApoPharma business, including the global rights to Deferiprone, an iron chelator used to treat iron overload conditions resulting from blood transfusions, to Chiesi Farmaceutici S.p.A.

Hostess Brands, Inc.

Acted as Canadian counsel to Hostess Brands Inc. in its $425-million acquisition of Voortman Cookies Limited from Swander Pace Capital.

FCF Co. Ltd.

Acted as Canadian counsel for FCF Co., Ltd. in its US$928-million acquisition of all the assets of Clover Leaf Foods and Bumble Bee Foods, North America's largest branded shelf-stable seafood companies, under a sale proceeding conducted under the Companies' Creditors Arrangement Act and the U.S. Bankruptcy Code.

Driven Brands Inc.

Acted for Roark Capital-backed Driven Brands Inc. in its acquisition of Clairus Canada Group, a major automotive parts, windshield repair and claims management business based in Québec.

Trivest Partners L.P.

Acted for Trivest Partners L.P., a U.S. private equity firm focused exclusively on mid-market founder- and family-owned businesses, in its add-on acquisition of Total Power Limited, a Canadian provider of generators and climate control systems operating in Ontario, British Columbia and Alberta. The purchase was financed through various arrangements, including equity contributions and an increase in Trivest's senior secured facility with its bank syndicate.

Digital Colony

Acted for Digital Colony, the global digital infrastructure investment platform of Colony Capital, Inc., in its acquisition (and related bank financing) of Beanfield Technologies Inc., an independent bandwidth infrastructure provider serving the enterprise, carrier and multi-dwelling unit markets in Toronto and Montréal over its owned fibre network.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in its historic joint venture with Newmont Goldcorp Corporation, which combined their respective mining operations, assets, reserves and talent in Nevada to create the world's largest gold complex.

Article

When DB Investments Go Bad. The U.S. Supreme Court Offers Comforting Lessons for Canadian Sponsors and Administrators

June 26, 2020 - The Observer, Issue 2 (The Association of Canadian Pension Management)
Read the article.

Bulletin

How to Work When Nothing Is Working: Canadian Employment Law and COVID-19

Mar. 23, 2020 - As with the rest of the world, Canadian employers are confronting unprecedented challenges in the face of the global COVID-19 pandemic. Employers are now tasked with navigating a mix of existing laws (designed for what used to be the status quo), and new, quickly enacted emergency measures, with...

Speaking Engagement

Instructor, The Osgoode Certificate in Pension Law, “Pension Governance & Risk Management: The Current World of Single Employer, Multi-Employer and Jointly Governed Target Benefit Plans, and the New World of PRPPs”; Toronto, ON

Mar. 04, 2020

Speaking Engagement

International Foundation of Employee Benefit Plans, Institute for Apprenticeship Training and Education Programs, “Dealing With Behavioural Issues – The Legal and HR Issues”; Rancho Mirage, CA

Jan. 22, 2020

Speaking Engagement

International Foundation of Employee Benefit Plans, Institute for Apprenticeship Training and Education Programs, “Fit for Duty”; Rancho Mirage, CA

Jan. 21, 2020

Speaking Engagement

Instructor, International Foundation of Employee Benefit Plans, Advanced Trust Management Standards Program (Legal); San Francisco, CA; November 23 & 24, 2019

Nov. 23, 2019

Bar Admissions

Ontario, 2009

Education

University of Toronto, JD (Honours), 2008
Queen’s University, BA (Hons) (Gold Medallist), 2005

Professional Affiliations

Canadian Bar Association
Ontario Bar Association

Community Involvement

The Association of Canadian Pension Management, National Policy Committee and Ontario Regional Council
International Pension & Employee Benefits Lawyers Association, secretary
Canadian Bar Association, National Pensions & Benefits Law Section, Advocacy and Government Relations Committee
Ontario Bar Association, Pensions & Benefits Law Section Executive, past chair
International Foundation of Employee Benefit Plans, instructor
Thomson Reuters, Taxation of Executive Compensation and Retirement, editor