Mark J. O'Brien

Mark O'Brien is a partner in the Corporate/Commercial and Capital Markets practices.

Mark has experience with a variety of matters, including public and private offerings of equity and debt securities, asset acquisitions and divestitures, corporate governance issues and loan financings. He also has experience advising public companies on their disclosure and other corporate and securities law obligations.

Representative Work

  • Acted for Roxgold Inc. in connection with an $18.4-million investment in the company by International Finance Corporation (IFC), a member of the World Bank Group, by way of a non-brokered private placement of 25,783,352 units.

  • Acted for the Government of Canada in connection with the restructuring of the Nuclear Laboratories division of Atomic Energy of Canada Limited (a federal Crown corporation), including (i) the structuring and development of a competitive procurement process for a private sector contractor that will be responsible for the management and operation of AECL's sites, facilities and assets and the performance of AECL's nuclear decommissioning and waste management responsibilities, operating under a government-owned, contractor-operated (GoCo) model, and (ii) the drafting of the principal procurement and transaction documents, including the Request for Proposal and the management and operating agreements.

  • Acted as Canadian counsel to First Quality Enterprises, Inc., and its affiliates in connection with the acquisition of Fempro I Inc. and related companies.

  • Acted as counsel for The Kraft Heinz Company in connection with a Canadian private placement of C$1.0 billion of senior notes issued by its subsidiary, Kraft Canada Inc., and guaranteed by The Kraft Heinz Company and Kraft Heinz Foods Company.  This private placement was part of a series of financing transactions in other jurisdictions consummated in connection with the US$54-billion merger of H.J. Heinz Company and Kraft Foods Group, Inc.

  • Acted as counsel to Waterton Nevada Splitter, LLC, a wholly owned subsidiary of Waterton Precious Metals Fund II Cayman, LP, in connection with the acquisition of the Mt. Hamilton gold project from Solitario Exploration & Royalty Corp. and Ely Gold & Minerals Inc.

  • Acted for PricewaterhouseCoopers Inc., in its capacity as Court-appointed Monitor for 923451 Ontario Limited (formerly known as Comstock Canada Ltd.), CCL Realty Inc. and CCL Equities Inc., in connection with the sale of assets under a sale proceeding conducted pursuant to the Companies' Creditors Arrangement Act.

  • Acted for Rogers Communications Inc. in connection with its US$1.5 billion underwritten public offering of debt securities consisting of US$850 million senior notes due 2023 and US$650 million senior notes due 2043, made in the U.S. pursuant to the Multi-Jurisdictional Disclosure System.

  • Acted for True Gold Mining Inc. in connection with a strategic investment by Liberty Metals & Mining Holdings, LLC, pursuant to which Liberty acquired shares of True Gold comprising 19.95% of the issued and outstanding shares of True Gold on a private placement basis. In connection with the private placement, Liberty also acquired a 2% net smelter royalty in respect of True Gold's Karma gold property located in Burkina Faso.

  • Acted for a syndicate of underwriters led by BMO Capital Markets in connection with the secondary public offering by SIR Corp. of units of SIR Royalty Income Fund.

  • Acted for Agnico Eagle Mines Limited in connection with its completed private placement of US$100-million 4.87% guaranteed senior unsecured notes due 2022 and US$100-million 5.02% guaranteed senior unsecured notes due 2024.

  • Acted for Holiday Canada ULC and funds managed by Fortress Investment Group in connection with the refinancing of $620-million of indebtedness secured on real estate assets located across Canada.

  • Acted for a syndicate of underwriters led by Canaccord Genuity and National Bank Financial in connection with the $121-million initial public offering of HealthLease Properties Real Estate Investment Trust.

  • Acted for a syndicate of underwriters co-led by CIBC World Markets Inc. and TD Securities Inc. in a $45-million bought deal public offering of units of Crombie Real Estate Investment Trust.

  • Acted for Enerflex Ltd. and Toromont Industries Ltd. in connection with the $1.1-billion initial public offering of Enerflex effected through a spinoff of Enerflex's common shares to Toromont's shareholders.

  • Acted for Toromont Industries Ltd. in connection with the spin-off of its $1.1-billion natural gas compression business, Enerflex Ltd., to Toromont's shareholders, which is one of the largest demerger transactions completed in Canada in the last ten years.

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Ontario Bar Association

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Mark O'Brien
Mark O'Brien
Bar Admissions:

Ontario, 2007


University of Toronto, J.D.

University of Prince Edward Island, B.B.A.