January 7, 2009
 
Transactions and Cases - 2005
 
 
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    Client   Transactions and Cases   Year  
               
    Abitibi-Consolidated Inc.   Acted on behalf of Abitibi-Consolidated Inc. in connection with its divestiture of 196,000 hectares (approximately 485,000 acres) of timberlands located near Thunder Bay, Ontario for a purchase price of $55 million. Details   12/28/2005/2005  
    Abitibi-Consolidated Inc.   Davies acted for Abitibi-Consolidated Inc. in the sale of its 50% share ownership in PanAsia Paper Company Pte Ltd. to Norske Skogindustrier ASA for a cash consideration of US$600 Million... Details   11/17/2005/2005  
    Access Roads Edmonton Ltd.   Access Roads Edmonton Ltd., a wholly-owned subsidiary of ABN AMRO Bank N.V., Canada Branch, entered into an agreement to design, finance, build and operate the Anthony Henday Drive Southeast Leg Ring Road in Edmonton, Alberta. Details   4/18/2005/2005  
    Agnico-Eagle Mines Limited   Agnico-Eagle Mines Limited completed its acquisition of Swedish public company, Riddarhyttan Resources AB (publ), in a transaction valued at approximately US$150 million. Details   11/16/2005/2005  
    Bain Capital   Yellow Pages Group (YPG) through Yellow Pages Income Fund acquired Advertising Directory Solutions Inc. (ADS), Canada’s second largest directory publisher for a purchase price of approximately $2.55 billion Details   5/25/2005/2005  
    Bain Capital   Affiliates of Bain Capital, a global private investment firm, purchased Verizon Communications Inc.'s directory operations in Canada for Cdn.$1.985 billion. Details   11/30/2004/2004  
    Bank of Montreal, National Bank of Canada, Merrill Lynch Capital of Canada and the Toronto-Dominion Bank   Acted for a syndicate of lenders in connection with a credit facility made available to Metro Inc. to allow Metro Inc. to acquire all of the issued and outstanding shares of A&P Canada from the Great Atlantic & Pacific Tea Company, Inc. Details   11/1/2005/2005  
    Barrick Gold Corporation   Barrick Gold Corporation completed a US$27.9 million subscription for shares and warrants of Celtic Resources Holdings plc, a London Stock Exchange AIM-listed company with mining interests in Russia and Kazakhstan. Details   2/1/2005/2005  
    Barrick Gold Corporation   Joint venture between Barrick Gold Corporation and Falconbridge Limited in respect of the Kabanga nickel deposit in Tanzania. Details   11/19/2005/2005  
    Barrick Gold Corporation   Davies is acting for Barrick Gold Corp., Canada's top gold producer, in its US$ 10.4 billion takeover offer of Placer Dome Inc. Details   11/1/2005/2005  
    BCE Inc.   BCE Inc. and The Woodbridge Company Limited announced a recapitalization and new ownership structure for Bell Globemedia Inc. Details   12/5/2005/2005  
    Bell Canada   Bell Canada completed its take-over bid for all of the issued and outstanding common shares of Nexxlink Technologies Inc. in a transaction with an aggregate value of approximately CDN$67 million. Details   5/10/2005/2005  
    Biovail Corporation   Advising the corporation and the board on a highly successful governance renewal project, ultimately becoming lead outside counsel to the board. Details   1/1/1800/  
    Birch Hill Equity Partners   Davies advised Birch Hill Equity Partners in connection with the formation of Birch Hill Equity Partners III, LP, an $850 million private equity fund with a focus on investing in middle market companies located principally in Canada. Details   8/26/2005/2005  
    BMO Nesbitt Burns and Syndicate   Altus Group Income Fund completed its $75 million initial public offering. Altus Group Income Fund is now the leading independent multi-disciplinary provider of real estate consulting and advisory services in Canada. Details   5/19/2005/2005  
    BMO Nesbitt Burns Inc., CIBC World Markets Inc., National Bank Financial Inc., RBC Dominion Securities Inc., Scotia Capital Inc. and TD Securities Inc.   BMO Nesbitt Burns Inc. ("BMONB") and a syndicate of dealers renewed a $2.5 billion medium-term notes program with Greater Toronto Airports Authority (“GTAA”). GTAA, with a syndicate of dealers led by BMONB, subsequently completed an issue of $350 million Details   10/26/2005/2005  
    BMO Nesbitt Burns Inc., National Bank Financial Inc. and syndicate   Madacy Entertainment Income Fund completed its initial public offering for total proceeds of $75.4 million. Details   4/20/2005/2005  
    Borealis Capital Corporation   Structuring private equity manager and its private equity funds. Details   1/1/1800/  
    Brascan Limited (equity and debt financings)   Davies acted for Brascan Corp. in the equity financing, bridge loan and asset based facility for the $1.2 billion acquisition of Weyerhaeuser Company Ltd.'s British Columbia coastal business. Details   4/6/2005/2005  
    Caisse de depot et placement du Quebec, EdgeStone Capital Partners, Export Development Canada and Fonds de Solidarité des Travailleurs du Québec (F.T.Q.)   Caisse de depot et placement du Quebec, EdgeStone Capital Partners, Export Development Canada and Fonds de Solidarité des Travailleurs du Québec (F.T.Q.) have invested approximately $50 million in Brightspark Ventures II LP, a new venture capital fund. Details   5/27/2005/2005  
    Canada Pipe Co. Ltd.   In the first fully contested abuse of dominance case to be decided in seven years, Davies represented Canada Pipe Co. Ltd., a Canadian manufacturer of cast iron drain, waste and vent (DWV) products. Details   2/25/2005/2005  
    Canadian Forum Investments Inc.   Acted on behalf of Canadian Forum Investments Inc. in connection with its acquisition of the historic Montreal Forum property for a purchase price of $45.2 million. Details   12/23/2005/2005  
    Canico Resource Corp. Special Committee   Advising Special Committee of Canico Resource Corp. in connection with the $940 million takeover by Companhia Vale do Rio Doce. Details   12/8/2005/2005  
    Canwest   CanWest Global Communications Corp., Torstar Corporation and Metro International S.A. have formed a joint venture to publish English-language free daily newspapers in various Canadian cities. Details   9/14/2005/2005  
    Cascadia Forest Products Ltd.   Davies represented Cascadia Forest Products Ltd. in it's asset based credit facility provided by CIT Business Credit. Cascadia Forest Products Ltd. launched following the closure of Brascan’s acquisition of Weyerhaeuser’s B.C. Coastal timberland assets. Details   11/8/2005/2005  
    Celestica Inc.   Celestica Inc. completed a public offering in the United States and concurrent private placement in Canada of US$250 million aggregate principal amount of 7⅝% senior subordinated notes due 2013. Details   6/29/2005/2005  
    Château Drummond Inc.   Château Drummond Inc. completed a financing of more than $47 million with the Royal Bank of Canada in connection with "Le Roc Fleuri" condominium project of more than 140 units and over 22 floors in the heart of downtown Montréal. Details   9/8/2005/2005  
    CIBC World Markets Inc. Merrill Lynch Canada Inc., RBC Dominion Securities Inc., Scotia Capital Inc. and The Toronto-Dominion Bank and other underwriters   Four separate offerings in 2005 by Canada Housing Trust No. 1 of, in the aggregate, over $7 billion principal amount of bonds (issued in various series) guaranteed by Canada Mortgage and Housing Corporation. Details   6/23/2005/2005  
    CIBC World Markets Inc.   Davies acted for CIBC World Markets Inc. in the $125 million initial public offering of units of Adjustable Rate MBS Trust. Details   6/15/2005/2005  
    CIBC World Markets Inc.   Davies acted for CIBC World Markets Inc. in the $30 million initial public offering of units of Criterion Dow Jones – AIG Commodity Income Fund. Details   5/31/2005/2005  
    CIBC World Markets, RBC Dominion Securities Inc. and syndicate   First Trust/Highland Capital Floating Rate Income Fund II (the "Fund") completed its initial public offering for gross proceeds of US$85 million Details   8/10/2005/2005  
    Cinar Corporation   Acted for Cinar Corporation regarding the issuance of a Mareva injunction and other asset protection proceedings. Details   12/31/2005/2005  
    Cineplex Galaxy Income Fund   Davies acted for Cineplex Galaxy Income Fund in competition matters related to its acquisition of the Famous Players movie exhibition business of Viacom Inc. for a purchase price of $500 million. Details   10/7/2005/2005  
    Citigroup Global Markets and syndicate   Davies acted as counsel for a syndicate of banks in the US$2.5 billion credit financing offered by Novelis Inc. and for the initial purchasers in the US$1.4 billion issuance of senior notes. Details   1/6/2005/2005  
    Copley Place   LaSalle Hotel Properties acquired Westin Copley Place hotel located in the Back Bay of the Boston area for consideration of approximately US$318 million. Details   9/8/2005/2005  
    Corus Entertainment Inc.   Davies successfully represented Corus Entertainment Inc. before the Governor in Council, which refused to quash a decision by the CRTC approving the exchange of various radio stations (including CKAC) between Corus and Astral Media Inc. Details   4/4/2005/2005  
    Eaux Vives Harricana Inc.   Davies is acting as counsel to Eaux Vives Harricana Inc. and its two subsidiaries in their restructuring under the Companies' Creditors Arrangement Act. Details   7/1/2005/2005  
    El Paso Corporation   Petro-Canada acquired from El Paso Corporation a 51% indirect interest in Coastal Petrochemical, L.P., a limited partnership between a subsidiary of Société générale de financement du Québec (SGF) and an indirect subsidiary of El Paso Corporation ... Details   5/5/2005/2005  
    Enbridge Inc.   Submissions to the Government of Canada regarding the NAFTA and WTO implications of implementing the Alaska Gas Pipeline. Details   12/13/2005/2005  
    Eric Molson and Pentland Securities (1981), Inc.   Molson Inc. and Adolph Coors Company completed a CDN$7.7 billion merger creating the world's fifth largest brewer by volume. Details   3/10/2005/2005  
    Ernst & Young Orenda Corporate Finance Inc.   Davies acted on behalf of Ernst & Young Orenda Corporate Finance Inc., appointed as trustee to conduct a divestiture of a business pursuant to a Consent Order issued by the Competition Tribunal. Details   11/1/2005/2005  
    Exeltech and NordTech Aerospace (NTA) Inc   Acting for various creditors of Jetsgo Corporation in connection with Jetsgo's bankruptcy. Details   9/10/2005/2005  
    Famous Players Cinemas Inc.   Davies successfully represented Famous Players Cinemas Inc. (“Famous”) before the Québec Court of Appeal and the Supreme Court Canada. Details   5/26/2005/2005  
    Focus Doors & Windows Inc.   Financing of the acquisition by Focus Doors & Windows Inc. through newly formed Nova Scotia subsidiaries of the assets of Les Industries Melco Canada Ltée and Les Fenêtres Vimat Inc. Details   3/18/2005/2005  
    Fortis Inc.   Fortis Inc. completed a public offering of 1,740,000 Common Shares for $74.65 each, for gross proceeds of CDN$129,891,000. Details   3/11/2005/2005  
    GE Commercial Distribution Finance Canada   GE Commercial Finance (GE) acquired Bombardier Capital’s Inventory Finance division (BCIFD) for U.S.$2.3 billion ... Details   6/13/2005/2005  
    Gemin X Biotechnologies Inc.   Gemin X Biotechnologies Inc. completed a US$65.2 million financing ..... Details   5/26/2005/2005  
    Genus   Davies represented Genus, the world’s leading Bovine Genetics company, in Canada in the financing of its all cash acquisition of 63.2% of Sygen International valued at GBP 187 million. Details   10/31/2005/2005  
    Holiday Group Inc.   Borealis Capital Corp. acquired a majority interest in Montreal-based Holiday Group Inc. and Florida-based Travelpro International, Inc., two leading North American suppliers of luggage and bags, from Wafra Partners LLC and management shareholders. Details   6/17/2005/2005  
    InnVest Real Estate Investment Trust   InnVest Real Estate Investment Trust completed a $174million refinancing of 88 hotels Details   8/19/2005/2005  
    IPC US Income Commercial REIT   IPC US REIT ("IPC" or the "REIT") subsidiary, IPC (US) Inc., refinanced $148 million of 7.2% secured mortgages due in June 2008. The new financing is for $153 million at an interest rate of 5.18% and is secured by 15 office buildings. Details   6/1/2005/2005  
    JP Morgan Partners, LLC   JP Morgan Partners, LLC and affiliates completed the sale from a control block of all of the shares of Telesystem International Wireless Inc. (TIW) for an aggregate amount of approximately $830 million. Details   5/22/2005/2005  
    Kimco Realty Corporation   Davies acted for Kimco North Trust III, an entity controlled by Kimco Realty Corporation, in connection with the private placement issuance of $150 million principal amount of notes. Details   4/21/2005/2005  
    Masonite International Corporation   Masonite International Corporation, one of the biggest makers of steel and wooden doors in the world, was acquired for CDN$3.1 billion by Stile Acquisition Corp., an affiliate of Kohlberg Kravis Roberts & Co. Details   4/18/2005/2005  
    Maytag Corporation   Acting for Maytag Corporation on competition-related matters, in its US$2.7 billion cash, stock and debt acquisition by Whirlpool Corporation. Details   11/1/2005/2005  
    Metro Inc.   Acted for Metro Inc. in competition matters related to its acquisition of all the issued and outstanding shares of A&P Canada from the Great Atlantic & Pacific Tea Company, Inc. for $1.7 billion. Details   11/1/2005/2005  
    Metso Paper Ltd.   Davies acted for Metso Paper Ltd., a significant creditor of Papiers Gaspésia LP and Papiers Gaspésia Inc., in the latter's restructuring under the Companies' Creditors Arrangement Act. Details   7/1/2005/2005  
    Montcap Financial Corporation   Acted for Montcap Financial Corporation in the establishment of credit facilities for Produits Belt-Tech Inc. and the insolvency of Company LaGran Canada Inc. Details   12/31/2005/2005  
    Natsource Asset Management Corp.   Natsource Asset Management Corp., a wholly owned subsidiary of Natsource LLC, launched its Greenhouse Gas Credit Aggregation Pool (GG-CAP). GG-CAP is the world's first entirely private sector mechanism designed to .... Details   3/8/2005/2005  
    Neurochem Inc.   Neurochem Inc. completed a public offering of 4 million common shares in the U.S. and in Canada, resulting in gross proceeds to the company of US$61.2 million. Details   4/18/2005/2005  
    Onex Corporation   Onex Corporation, through Mid-Western Aircraft Systems, Inc., acquired the Wichita/Tulsa Division of Boeing Commercial Airplanes from The Boeing Company for approximately CDN$1.5 billion. Details   6/22/2005/2005  
    Ontario School Boards Financing Corporation (OSBFC)   Ontario School Boards Financing Corporation (OSBFC) completed an offering of 2005-A1 Pooled Debentures Ownership Interests for $122.9 million. Details   11/2/2005/2005  
    Ontario Securities Commission   Advised the OSC on the adoption of rules relating to the governance of mutual funds. Details   11/23/2006/2006  
    Ontario Strategic Infrastructure Financing Authority (OSIFA)   Ontario Strategic Infrastructure Financing Authority (OSIFA) completed its CDN$650 million inaugural offering of Infrastructure Renewal Bonds (IRBs). Details   4/18/2005/2005  
    Ontario Teachers Pension Plan   Davies acted on behalf of the Ontario Teachers Pension Plan, one of the selling equity holders, in the U.S.$175 million acquisition of Algorithmics , a Toronto-based risk management firm ... Details   1/25/2005/2005  
    Patheon Inc.   Davies acted for Patheon Inc., a leading independent provider of pharmaceutical manufacturing and development services, in its new North American credit facilities in the amount of US$290 million Details   12/15/2005/2005  
    PetroKazakhstan Inc.   Davies is acting for PetroKazakhstan Inc., a Canadian-listed energy company, in its $4.18 billion acquisition by China National Petroleum Corporation. Details   11/1/2005/2005  
    Premier Tech Ltd.   Premier Tech Ltd entered into a loan agreement providing for a revolving credit facility of up to US$70 million. Details   11/1/2005/2005  
    Prinoth Ltd.   Acted for Prinoth Ltd., Europe’s leading manufacturer of snow groomers, in its acquisition of the snow grooming sales business of Camoplast Industrial Inc. Details   11/10/2005/2005  
    Procaps Encapsulation Inc.   Procaps Encapsulation Inc., a leading paintball manufacturer, sold all of its assets to a private equity fund managed by Imperial Capital Corporation. The amount of the sale is undisclosed. Details   5/25/2005/2005  
    RBC Dominion Securities Inc.   Davies acted for RBC Dominion Securities Inc. in the $77.6 million closed end income fund IPO for Brascan Adjustable Rate Trust I. Details   8/16/2005/2005  
    RBC Dominion Securities Inc. and Syndicate   Represented the underwriting syndicate for Newport Partners Income Fund $85 million offering of subordinated unsecured convertible debentures of the Fund. Davies provided securities and tax advice to the syndicate. Details   12/12/2005/2005  
    RBC Dominion Securities & syndicate   RBC Dominion Securities Inc. led the underwriting syndicate for the completion of an initial public offering by Brompton Advantaged Equal Weight Oil & Gas Income Trust, an investment trust ... Details   5/25/2005/2005  
    RBC Dominion Securities Inc. and syndicate   Brompton Tracker Fund, an investment trust, completed an initial public offering of $400 million. Details   9/7/2005/2005  
    Rogers Sugar Income Fund   Rogers Sugar Income Fund (the “Fund”), completed a public offering of $50 million principal amount of 6.00% convertible unsecured subordinated debentures. Details   5/26/2005/2005  
    S.R. Potten Enterprises Ltd.   Defending importer of outdoor arbeques against the first application in Canada for trade relief under the special China safeguard measures introduced in consequence of China's accession to the WTO. Details   12/13/2005/2005  
    Saunders Karp & Megrue ("SKM")   Saunders Karp & Megrue ("SKM") acquired Comark Inc., a leading Canadian mall-based apparel retailer operating 303 stores. Details   2/24/2005/2005  
    Sentient Global Resources Fund I, LP   Ivernia Inc. acquired the 49 per cent joint venture interest in the Magellan lead mine in Western Australia that it did not already own from its joint venture partner, Sentient Global Resources Fund I, LP. Details   4/29/2005/2005  
    Shermag Inc.   Acted for Shermag Inc. in its financing with Wachovia Capital Finance of Canada. Details   12/31/2005/2005  
    Shoreview Capital Partners   Davies acted as Canadian counsel to Shoreview Capital in its acquisition of Paradigm Electronics Inc., a Canadian based electronic goods manufacturer in a deal valued at US$60M... Details   9/7/2005/2005  
    Sleep Country Canada Inc.   Sleep Country Canada Inc. completed a private placement of $40 million aggregate principal amount of 5.191% senior secured notes due 2010... Details   6/29/2005/2005  
    Société Générale, Norddeutsche Landesbank Girozentrale and Bank of Ireland   Davies acted for a syndicate of lenders in their long-term concession agreement with RAV Project Management Ltd., InTransit British Columbia Limited Partnership and the Greater Vancouver Transportation Authority. Details   10/7/2005/2005  
    SS&C Technologies, Inc.   SS&C Technologies, Inc. acquired Financial Models Company Inc. for approximately CDN$207 million pursuant to an all-cash take-over bid. Details   5/4/2005/2005  
    State Property Fund of Ukraine   Davies successfully challenged before the Federal Court (Trial Division) and the Federal Court of Appeal the validity of the registration of a $60M arbitral award against the State Property Fund of Ukraine. Details   10/4/2005/2005  
    Teachers’ Private Capital   Teachers’ Private Capital, the private equity arm of Ontario Teachers’ Pension Plan, acquired the equity and a significant portion of the debt of CFM Corporation ... Details   5/9/2005/2005  
    The Gillette Company   Acted for The Gillette Company on the Canadian aspects of its US$57 billion acquisition by The Procter & Gamble Company. Details   11/11/2005/2005  
    The Redbourne Realty Fund   The Redbourne Realty Fund was established to invest approximately $375 million in properties managed by the Redbourne Group, a major real estate investment and management organization. Details   8/5/2005/2005  
    Toromont Industries Ltd.   Davies represented Toromont Industries Ltd. in the sale of its Sterling Trucks Division to a subsidiary of Harper Detroit Diesel Limited. Details   8/31/2005/2005  
    Viking Air Limited   Viking Air Limited acquired exclusive rights to manufacture and distribute spare parts for the de Havilland fleet of heritage aircraft from Bombardier Inc. in connection with the acquisition of certain assets of Bombardier's Commercial Service Centre. Details   5/5/2005/2005  
    Wal-Mart Canada Realty Inc. and First Professional Realty Inc.   Calloway Real Estate Investment Trust completed the acquisition of retail space in 35 shopping centres from First Pro Shopping Centres (8 of which were co-owned with Wal-Mart Canada Realty Inc.) for approximately $1.12 billion. Details   7/8/2005/2005  
    Wheaton River Minerals Ltd.   Wheaton River Minerals Ltd. was acquired by Goldcorp Inc. in a transaction valued at CDN$2.4 billion ... Details   6/10/2005/2005  
    Xstrata Plc   Xstrata Plc acquired approximately 20 per cent of the outstanding common shares of Falconbridge Ltd. from subsidiaries of Brascan Corp. Details   11/1/2005/2005