January 7, 2009
 
Transactions and Cases - 2004
 
 
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    Client   Transactions and Cases   Year  
               
    Acres International Ltd.   Defending client in second proceeding before the Sanctions Committee of the World Bank in relation to charges under the Bank's anti-corruption policy. Details   12/13/2004/2004  
    Adaltis Inc.   Adaltis Inc. completed an initial public offering of 10 million common shares at $5.50 per share for aggregate gross proceeds of CDN$55 million. Details   2/28/2004/2004  
    Agnico-Eagle Mines Limited   Agnico-Eagle Mines Limited, a Canadian gold producer, entered into a revolving credit facility of up to US$100 million made available by a syndicate of domestic and foreign lenders. Details   12/23/2004/2004  
    AHA Access Health Abbotsford Ltd. (AHA)   AHA and Abbotsford Regional Hospital and Cancer Centre Inc. (AHCC) entered into a public-private partnership (P3) for a major British Columbia hospital and cancer centre facility. Details   5/13/2004/2004  
    AHV Access Health Vancouver Ltd.   AHV Access Health Vancouver Ltd., a wholly-owned subsidiary of ABN AMRO Bank N.V., Canada Branch, issued CDN$31 million in amortized fixed indexing annuity bonds ... Details   11/30/2004/2004  
    Air Canada   Acting on behalf of aircraft lessors in connection with the proceedings for Air Canada under the Companies' Creditors Arrangement Act. Details   3/20/2004/2004  
    Alexis Nihon REIT   Alexis Nihon REIT completed a CDN$55 million offering of convertible unsecured subordinated debentures. Details   2/3/2004/2004  
    Alimentation Couche-Tard   Sale-leaseback of over 300 convenience store/gas station properties in eleven states to entities affiliated with Realty Income Corporation and Fortress Credit Corporation for purchase prices aggregating over $225 million. Details   4/3/2004/2004  
    AMIS Holdings, Inc.   AMIS Holdings, Inc. acquired substantially all of the assets and certain liabilities of Dspfactory Ltd., including the shares of its Swiss subsidiary, dspfactory SA, for cash and stock valued at approx. CDN$61 million. Details   11/12/2004/2004  
    Assante Corporation   Defence of multiple class actions relating to a series of real estate investment projects located in Dallas, Texas. Details   4/2/2004/2004  
    B.E.A. Holdings Inc.   Annulment of transaction on the basis that the parties’ consent was vitiated with regard to the transaction’s tax consequences (before the Superior Court and the Quebec Court of Appeal). Details   4/14/2004/2004  
    Baker Brothers Investments   Baker Brothers Investments, a New York based fund, completed a $15 million convertible note financing with ConjuChem Inc., a Montréal based biotechnology company. Details   11/10/2004/2004  
    Bakorp Management Ltd.   Representing Bakorp in Tax Court appeal from reassessment. Details   4/1/2004/2004  
    Barrick Gold Corporation   Davies represented Barrick Gold in the U.S.$250 million structured trade/project financing of its Veladero greenfield gold mine project in Argentina. Details   3/14/2004/2004  
    Barrick Gold Corporation   Barrick Gold Corp. completed a U.S.$40 million subscription for approximately 9.3 million ordinary shares of Russian gold producer Highland Gold Mining Ltd. Details   3/20/2004/2004  
    Barrick Gold Corporation   Represented Barrick Gold in the US$250 million structured trade/project financing of its Veladero greenfield gold mine project in Argentina. This deal was selected by Trade Finance Deal of the Year for 2004 in Argentina by Trade Finance magazine Details   12/6/2004/2004  
    Barrick Gold Corporation   Barrick Gold Corporation and its wholly-owned subsidiary Barrick Gold Finance Company completed an offering of an aggregate of US$750 million of notes. Details   11/30/2004/2004  
    BCE Inc.   Sale by BCE Emergis Inc. of its U.S. health business to Multiplan, Inc. (US$213 million). Details   4/4/2004/2004  
    BCE Inc.   Sale of controlling interest in BCE Emergis Inc. through the issuance of Subscription Receipts for gross proceeds of approximately $356 million. Details   6/9/2004/2004  
    Bell Canada   Acquisition by Bell Canada of businesses and operations of 360networks Corporation, 360networks Canada Ltd., and LondonConnect Inc. Details   1/31/2004/2004  
    BMO Nesbitt Burns Inc. and syndicate   BMO Nesbitt Burns Inc. led the underwriting syndicate for the completion of an initial public offering by CNH Capital Canada Wholesale Trust Details   11/12/2004/2004  
    BMO Nesbitt Burns Inc., RBC Dominion Securities Inc., TD Securities Inc., Scotia Capital Inc., National Bank Financial Inc., Casgrain & Company Ltd., CIBC World Markets Inc. and Merrill Lynch Canada Inc.   Three separate offerings in 2004 by 407 International Inc. of, in the aggregate, over CDN$650 million senior notes (issued in various series). Davies represented the dealer syndicate for each offering. Details   3/2/2004/2004  
    Boomerang Tracking Inc.   Boomerang tracking Inc. was acquired for approximately Cdn$64 million by the Lojack Corporation. Details   10/29/2004/2004  
    Cadim Inc.   Cadim Inc. (a subsidiary of the Caisse de dépot et placement du Québec) sold a 49% interest in 901 Square Victoria Limited Partnership (the owner of the newly opened W Montreal hotel) to Starwood Hotels and Resorts Worldwide, Inc. for $34.8 million. Details   5/25/2004/2004  
    Canada Post Corporation’s Board of Directors   Davies advised the Board of Directors throughout the process leading up to the delivery of two reports in response to the Auditor General's Report. Details   2/4/2004/2004  
    CanWel Building Materials Ltd./ Sodisco-Howden Group Inc.   Acquisition by CanWel Building Materials of Sodisco-Howden Group Inc. Details   1/1/2004/2004  
    Celestica Inc.   Celestica Inc. divested its Power Systems business, with operations in Canada, the United States, the People's Republic of China and Thailand, to C&D Technologies, Inc for US$52.8 million. Details   1/25/2004/2004  
    Celestica Inc.   Public offering in the United States and concurrent private placement in Canada of US$500 million aggregate principal amount of 7 7/8% senior subordinated notes. Details   7/2/2004/2004  
    Celestica Inc.   Amendment to Celestica's US$250 million 364-day revolving term credit facility increasing the commitment to US$600 million and termination of its US$500 million four-year revolving facility. Details   7/2/2004/2004  
    CIBC Capital Partners   Shred-it International Inc. completed two new credit facilities: a senior syndicated secured facility led by CIBC and a subordinated syndicated facility led by CIBC Capital Partners ... Details   6/17/2004/2004  
    CIBC World Markets Inc.   CIBC World Markets Inc. led the underwriting syndicate for the completion of an initial public offering by Richards Packaging Income Fund. The IPO involved the underwriting of 8,569,913 trust units for total gross proceeds of CDN$85.7 million. Details   2/4/2004/2004  
    Circuit City Stores, Inc.   Completion of US$286 million acquisition of all outstanding shares of common stock of InterTAN, Inc., operator of 990 company retail stores and dealer outlets in Canada. Details   6/9/2004/2004  
    Citigroup Global Markets Inc.   Citigroup Global Markets Inc. acted as dealer manager for an offer to exchange its 8% Senior Subordinated Notes due 2012 (the "New Notes") by an affiliate of CanWest Media Inc. for the 12 1/8% Senior Notes due 2010 issued by Hollinger Participation Trust. Details   11/18/2004/2004  
    Citigroup Global Markets Inc.   Rogers Cable Inc. completed a U.S.$350 million offering of 5.50% Senior (Secured) Second Priority Notes due 2014. Davies represented the underwriting syndicate. Details   3/16/2004/2004  
    Citigroup Global Markets Inc.   Rogers Wireless Inc. completed a U.S.$750 million offering of 6.375% Senior (Secured) Notes due 2014. Davies represented the underwriting syndicate. Details   3/16/2004/2004  
    Citigroup Global Markets Inc., National Bank Financial Inc. and TD Securities Inc.   Public offering in Canada and the U.S. of $87 million of common shares of Hydrogenics Corporation. Details   4/19/2004/2004  
    Citigroup Global Markets Inc.   Rogers Wireless Inc. a wholly owned subsidiary of Rogers Wireless Communications Inc. completed a private placement in an aggregate principal amount of approximately U.S.$2.356 billion. Details   3/8/2004/2004  
    CML Healthcare Inc.   CML Healthcare Inc. completed a plan of arrangement valued at $1.25 Billion. Details   3/20/2004/2004  
    CML Healthcare Income Fund   $369 million secondary offering of units of CML Healthcare Income Fund. Details   3/16/2004/2004  
    Commerz Grundbesitz Investmentgesellschaft GmbH (CGI)   CGI, one of the largest real estate investment fund managers in Europe, acquired a 50% interest in six limited partnerships that own six major Canadian regional shopping centres and one office tower. Details   6/30/2004/2004  
    Crane Canada Co.   Challenge to new rules limiting the right to examinations on discovery in civil matters based on the Quebec Charter of Human Rights and Freedoms (before the Court of Quebec and the Quebec Court of Appeal). Details   4/2/2004/2004  
    CTV Specialty Television Inc   Sale of 50% of mobile production and distribution business of CTV Specialty Television Inc. to Rogers Broadcasting Limited through formation of Dome Production Partnership. Details   4/4/2004/2004  
    Delta Air Lines, Inc.   Defending Delta in the first class action under the new Federal Court Rules against allegations of conspiracy to fix the level of commissions paid to travel agents. Details   4/1/2004/2004  
    Deutsche Bank   Acted for the Bank in connection with it's role in Air Canada's equity solicitation process. Details   5/2/2004/2004  
    Deutsche Bank Securities   Davies acted for Deutsche Bank in connection with Air Canada’s restructuring under the Companies' Creditors Arrangement Act. Details   3/20/2004/2004  
    Flightsafety Canada Ltd.   Flightsafety Canada Ltd., a manufacturer and operator of flight simulators and flight training services, received a CDN$1.3 million settlement relating to a claim for a refund of Ontario sales tax improperly charged to the company. Details   10/31/2004/2004  
    Fortis Inc.   $1.3 billion term credit facilities for the acquisition of Acquila Inc. assets. Details   4/19/2004/2004  
    Fortis Inc.   Public offering of $50 million First Preference Units of Fortis Inc. Details   3/20/2004/2004  
    FortisAlberta Inc.   FortisAlberta Inc., a wholly-owned subsidiary of Fortis Inc., completed a CDN$400 million public offering .... Details   10/25/2004/2004  
    FortisBC Inc.   FortisBC Inc., an indirect wholly-owned subsidiary of Fortis Inc., completed an initial public offering of CDN$140 million aggregate principal amount of 5.48% senior unsecured debentures due November 28, 2014. Details   11/30/2004/2004  
    Galileo International Inc.   Advised Galileo International Inc. on the Canadian competition law aspects of its merger with Cendant Inc. Details   3/20/2004/2004  
    Gaz de France   Capital Infragaz LP, a limited partnership formed by a group of investors led by the Caisse de dépôt et placement du Québec, acquired a 50.38% stake in Noverco Inc. for CDN$900 million. Details   6/30/2004/2004  
    General Electric Capital Corporation   Acquisition by General Electric Capital Corporation of assets of the Citicapital Transportation Financial Services Group. Details   1/31/2004/2004  
    Hemosol Inc.   Reorganization under a plan of arrangement involving Hemosol's principal shareholder MDS Inc., which allowed Hemosol's business to receive a cash infusion for its unused tax losses and other tax assets. Details   6/7/2004/2004  
    Infasco   Antidumping and countervailing duty complaint by Canadian manufacturer against imports of carbon steel fasteners from China and Chinese Taipei. Details   12/13/2004/2004  
    InnVest Real Estate Investment Trust   Sale of trust units and subordinated unsecured convertible debentures for a total gross proceeds of $103.5 million for use in acquisition of nine hotels. Details   7/13/2004/2004  
    Ivaco Inc.   Davies acted for Canadian steel giant Ivaco Inc., and several Ivaco subsidiaries, in CCAA proceedings commenced in September of 2003, including the sale to The Heico Companies, L.L.C., a US-based holding company, of the assets of the Ivaco companies ... Details   12/1/2004/2004  
    Kimco Realty Corporation   Kimco, a U.S. publicly traded REIT, through a Canadian affiliate, entered into a partnership with Sandalwood Management Canada Co. to acquire more than 1,000,000 square feet of retail property comprised of six shopping centres in the Province of Quebec. Details   3/2/2004/2004  
    Laerdal Medical Canada Ltd.   Complaint to the CITT pursuant to Canada's NAFTA, WTO and AIT obligations on government procurement. Details   2/13/2004/2004  
    McCain Foods Ltd.   McCain Foods Ltd. acquired the assets of the Carberry, Manitoba potato processing plant owned by Midwest Food Products Inc.(a subsidiary of Nestlé Canada Inc.) for an undisclosed purchase price. Davies provided Competition advice to McCain in Canada. Details   2/22/2004/2004  
    Meggitt Plc   UK-based Meggitt Plc acquired the Design and Manufacturing division of Dunlop Standard Aerospace Group for US$1.45 billion. Details   11/12/2004/2004  
    Merrill Lynch & Co. and Scotia Capital   CHC Helicopter Corporation completed a U.S.$250 million. Details   4/27/2004/2004  
    Merrill Lynch & Co., Inc.   Merrill Lynch & Co., Inc. launched a CDN$5 billion medium term note program and completed a drawdown under the program. Details   7/28/2004/2004  
    Merrill Lynch Canada Inc., The Toronto-Dominion Bank, CIBC World Markets Inc., RBC Dominion Securities Inc., Scotia Capital Inc., Deutsche Bank AG London, National Bank Financial Inc. and other underwriters   Four separate offerings in 2004 by Canada Housing Trust No. 1 of, in the aggregate, over $19 billion principal amount of bonds (issued in various series) guaranteed by Canada Mortgage and Housing Corporation. Details   2/24/2004/2004  
    Merrill Lynch Canada Inc. and syndicate   Merrill Lynch Canada Inc. led the syndicate of purchasers in the acquisition of a CDN$336 million equity stake in Aber Diamond Corporation. Details   3/1/2004/2004  
    MethylGene Inc.   MethylGene Inc., a biopharmaceutical company seeking treatment for cancer and infectious diseases, completed its initial public offering for gross proceeds of $ 21,632,500. Details   7/29/2004/2004  
    Metso Inc.   Represented Metso Inc. before the Superior Court in a patent and intellectual property dispute involving the Gaspesia project. Details   4/1/2004/2004  
    Mount Miller Construction Services Inc. & 3ci Inc.   Mount Miller Construction Services Inc., an entity comprised of 3ci Inc. and Northland Power Inc., will provide construction management services for a 54 MW wind power project. Details   3/2/2004/2004  
    Northbridge Equity Partners   Northbridge Equity Partners, a Montreal based private equity firm, acquired Fairway & Greene, Ltd., a U.S. based leading manufacturer of golf apparel. Details   3/3/2004/2004  
    Ontario Lottery and Gaming Corporation   Development, financing and operation of the Niagara Falls Casino Complex/Gateway Project (approximately $1 billion). Davies advised the Ontario Lottery and Gaming Corporation in connection with this project. Details   3/20/2004/2004  
    Ontario School Boards Financing Corporation (OSBFC)   Ontario School Boards Financing Corporation (OSBFC) completed the offering of 2004-A1 Pooled Debentures Ownership Interests for approximately Cdn$493.2 million. Details   11/26/2004/2004  
    Optimal Group Inc. (formerly Optimal Robotics Corp.)   Acquisition of Terra Payments Inc. by way of a share exchange. Details   7/6/2004/2004  
    Orly automobiles Inc./Les Voitures Orly Inc.   Defence to GST/PST-related penal charges and tax assessments before the Court of Québec and the Tax Court of Canada. Details   4/2/2004/2004  
    Osprey Media Income Fund   Initial public offering of $200 million of units by Osprey Media Income Fund. Details   7/13/2004/2004  
    PainCeptor Pharma Corporation   PainCeptor Pharma Corporation, a new leading-edge biopharmaceutical company focused on novel and effective therapeutic drugs for the treatment of acute and chronic pain, successfully completed a Cdn$23 million initial private placement. Details   12/1/2004/2004  
    Patheon Inc.   $110 million/US$11 million credit facility with Canadian Imperial Bank of Commerce and a consortium of Canadian banks. Details   7/19/2004/2004  
    Patheon Inc.   Patheon Inc., a leading independent provider of pharmaceutical manufacturing and development services, acquired MOVA Pharmaceutical Corporation, a leading U.S. prescription pharmaceutical contract manufacturer located in Puerto Rico, for U.S.$350 million. Details   12/23/2004/2004  
    PeopleSoft Inc.   Advised PeopleSoft, Inc. in connection with the hostile takeover bid by Oracle Corporation and PeopleSoft's acquisition of J. D. Edwards. Details   3/20/2004/2004  
    PetroKazakhstan Inc.   PetroKazahstan completed a $160 million “Dutch auction” substantial issuer bid, under which it acquired 3,999,975 of its Class A common shares. Details   11/29/2004/2004  
    Pharmascience Inc.   Defence of a generic drugs manufacturer against a multi-million dollars law suit filed by the Régie de l’assurance maladie du Québec for the reimbursement of alleged rebates paid to pharmacists (before the Superior Court of Québec). Details   4/14/2004/2004  
    Pharmascience Inc.   Defence to a multi-billion dollar class-action filed against eight generic drug manufacturers for the reimbursement of alleged rebates paid to pharmacists and challenge to new provisions of the Code of Civil Procedure relating to the authorization ... Details   4/14/2004/2004  
    Pharmascience Inc.   Proceedings against the Régie de l’assurance maladie du Québec and the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents (before the Superior Court of Québec). Details   4/14/2004/2004  
    Potash Corporation of Saskatchewan   Challenge to a tax assessment for mining expenses; involve the challenge of a provision of the Income Tax Act limiting the right of appeal of tax assessments for large corporation on the basis of the Canadian Bill of Rights (before the Tax Court of ... Details   4/14/2004/2004  
    RBC Dominion Securities Inc.   RBC Dominion Securities Inc. and CIBC World Markets Inc. co-led the offering when AIC Global Financial Split Corp., a mutual fund corporation, completed a CDN$40 million offering ..... Details   2/3/2004/2004  
    RBC Dominion Securities, BMO Nesbitt Burns Inc. and syndicate   RBC Dominion Securities Inc. and BMO Nesbitt Burns Inc., co-led the underwriting syndicate for the completion of an initial public offering by Gienow Windows & Doors Income Fund. Details   3/10/2004/2004  
    RBC Dominion Securities Inc. and syndicate   RBC Dominion Securities Inc. led a syndicate of agents for the completion of a CDN$400 million initial public offering by Brompton Equal Weight Oil & Gas Income Fund, an investment trust. Details   3/1/2004/2004  
    RBC Dominion Securities Inc.   World Financial Split Corp. completed an initial public offering in Canada of $471.25 million. Details   2/17/2004/2004  
    Renewable Energy Systems Holdings Ltd.   Acted for energy Systems Holdings Ltd with regards to partnership interests in Cartier Wind Energy Inc. Details   12/31/2004/2004  
    Roman Corporation Limited   Rights offering and concurrent public offering of approximately 1.9 million units of Roman Corporation Limited for gross proceeds of approximately $17 million. Details   7/16/2004/2004  
    ROW Entertainment Income Fund and Standard Broadcasting Ltd.   ROW Entertainment Income Fund acquired all of the home entertainment distribution assets of Video One Canada Ltd from Standard Broadcasting Corporation Ltd for Cdn$74 million. Details   9/16/2004/2004  
    RSM Richter Inc.   Davies acted on behalf of the Court-appointed Monitor, RSM Richter Inc., and was instrumental in the successful restructuring of Le Groupe Les Ailes de la Mode. Details   3/17/2004/2004  
    RSM Ricther Inc.   Davies acted on behalf of RSM Richter INc. Court-Appointed Monitor of Uniforêt Inc.'s CCAA Restructuring. Details   10/1/2004/2004  
    Russel Metals Inc.   $45 million public offering of common shares. Details   3/20/2004/2004  
    Russel Metals Inc.   US$175 million private placement of Senior Notes. Details   3/20/2004/2004  
    Russel Metals Inc.   Russel Metals Inc. and FIL (US) Inc., its wholly-owned subsidiary, completed a refinancing by replacing their existing credit facility with a Cdn$200 million committed term revolving credit facility. Details   11/30/2004/2004  
    Ryko Manufacturing Company   Defending Ryko in products liability actions from operators of commercial car wash facilities using Ryko equipment. Details   4/1/2004/2004  
    S. Rossy Inc. and Dollar A.M.A. Inc.   Dollarama L.P. acquired a majority position in the Dollarama business of Montreal-based S. Rossy Inc. and Dollar A.M.A. Inc., with the founders and management retaining a substantial stake. Dollarama is the largest dollar store network in Canada ... Details   12/4/2004/2004  
    S.R. Potten Enterprises Ltd.   Defending importer of outdoor barbeques from China and Chinese Taipei against antidumping and countervailing duty complaint by Canadian manufacturers. Details   12/13/2004/2004  
    Scotia Capital Inc.,RBC Dominion Securities Inc.and syndicate   Public offering of 2.723% Auto Loan Receivables-Backed Notes, Class A-1 ($200 million), 3.129% Auto Loan Receivables-Backed Notes, Class A-2 ($225 million), and 3.539% Auto Loan Receivables-Backed Notes, Class A-3 ($225 million), by Canadian Capital ... Details   4/10/2004/2004  
    Systemcorp A.L.G. Limited   Systemcorp A.L.G. Limited, a Montreal based company, which is a leading provider of project portfolio management software was acquired by IBM Canada Limited pursuant to a Plan of Arrangement under the Canada Business Corporations Act. Details   3/2/2004/2004  
    TD Capital Mezzanine Partners   Formation by TD Capital Mezzanine Partners of a $500 million mezzanine debt fund, the largest private equity debt fund in Canada. Details   4/3/2004/2004  
    TD Securities Inc., BMO Nesbitt Burns Inc., Desjardins Securities Inc. and syndicate   TD Securities Inc., BMO Nesbitt Burns Inc. and Desjardins Securities Inc. co-led the underwriting syndicate for the completion of a CDN$46 million initial public offering by 20-20 Technologies Inc. Details   3/17/2004/2004  
    The Black & Decker Corporation and Pentair, Inc.   The Black & Decker Corporation acquired the Pentair Tools Group from Pentair, Inc. for approximately US$775 million. Details   11/30/2004/2004  
    The Body Shop International PLC   The Body Shop International PLC acquired the head office and retail operations of The Body Shop Canada, its head franchisee in Canada (94272 Canada Limited). Details   8/25/2004/2004  
    The Cadillac Fairview Corporation Limited   The Cadillac Fairview Corporation Limited sold 2 large shopping centers - Midtown Plaza Shopping Centre in Saskatoon and the Cornwall Centre in Regina - to Borealis Retail REIT for CDN$199 million. Details   6/28/2004/2004  
    UBS Securities LLC and Credit Suisse First Boston   UBS Securities LLC and Credit Suisse First Boston led the arrangement of debt financing of U.S.$800 million ... Details   2/4/2004/2004  
    United Industries Corp.   Plan of arrangement involving the acquisition of The Nu-Gro Corporation by United Industries for approximately $192 million. Details   7/16/2004/2004  
    Walmart – First Pro Realty Partnership   Wal-Mart - First Pro Realty Partnership has sold, or agreed to sell, 38 shopping centres throughout Canada to Calloway REIT for an amount in excess of $890 million. Details   7/13/2004/2004  
    West Fraser Timber Co. Ltd.   West Fraser Timber Co. Ltd. acquired Weldwood of Canada Ltd. from International Paper Co. for CDN$1.26 billion. The transaction included the negotiation and settlement of a Consent Agreement between West Fraser and Canada’s competition commissioner. Details   12/31/2004/2004  
    Whitehall Street Real Estate Funds, Westmont Group   Sale of nine hotels for $111.5 million. Details   7/13/2004/2004  
    Xceed Mortgage Corporation Completes IPO   $41.4 million initial public offering and secondary offering of common shares. Details   7/19/2004/2004  
    Xceed Mortgage Corporation   Xceed Mortgage Corporation entered into a CDN$60 million syndicated credit facility with Canadian Imperial Bank of Commerce, as lender and agent, and HSBC Bank of Canada and Bank of Montreal, as lenders. Details   12/15/2004/2004