Recent Experience
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.
Square Inc., financial services and mobile payments on its full range of IP in Canada.
Acquisition of 17 properties by a KingSett Capital-led consortium, in H&R Real Estate Investment Trust's acquisition of Primaris Retail Real Estate Investment Trust pursuant to a Plan of Arrangement. Bennett Jones acted for the consortium with respect to real estate and banking matters.
ATCO Ltd., in the disposition of ATCO I-Tek Inc. and ATCO's Australian IT operations to affiliates of Wipro Ltd. for aggregate sale proceeds of approximately $210 million.
ATCO Ltd., in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro including 10-year master service agreements governing the provision of IT services by Wipro to the ATCO Group of Companies valued at approximately $1.2 billion.
ATCO Structures & Logistics Ltd., in the sale of its 50% interest in TecnoFast, being its South American joint venture modular housing operations, to its co-venturer, TecnoFast S.A., for $124 million. The business of TecnoFast involved space rental and workforce housing fleet assets as well as manufacturing facilities and offices in Chile, Peru, Colombia, Argentina and Brazil.
Blue Ant Media Inc., in its acquisition of Canadian broadcaster GlassBOX Television Inc. and the Travel+Escape, Bite TV and AUX TV specialty channels.
Blue Ant Media Inc., in its acquisition of Canadian broadcaster High Fidelity HDTV and its four premium high definition channels—Oasis HD, eqhd, radX and HIFI HD.
Developed comprehensive document retention policy for SOX
compliance.
Dupont Canada Inc., alleged infringer, in a reference to determine the damages that should be paid to the patentee, resulting in the patentee's claim for $30 million being reduced to $3 million. Allied Signal v. Dupont Canada Inc., (1998) 78 CPR (3d) 129
Gary Gurmukh Sales Ltd., in successful enforcement of trademark rights relating to souvenir merchandise. In addition to obtaining an injunction, order for delivery up, damages and costs, the respondent's claim that the trade-marks were invalid was dismissed. Gary Gurmukh Sales Ltd. v. Quality Goods IMD Inc.
Intrafinity Inc., doing business as SharpSchool, in the acquisition of substantially all of its assets by West Corporation.
Mitsubishi Corporation, in its acquisition of a 40% interest in Encana Corporation's Cutbank Ridge natural gas assets in Northeastern British Columbia for approximately $2.9 billion.
Monsanto Company, the patentee, in the enforcement of a gene patent against an infringer, in a landmark decision in the field of biotechnology by the Supreme Court of Canada which confirmed that gene modifications are patentable subject matter. The proceedings attracted significant legal and social commentary, culminating in the staging of Seeds (Schmeiser v. Monsanto), a documentary play authored by Annabel Soutar which dramatized the legal dispute using actual transcripts from the Court proceedings. Monsanto Canada Inc. v. Schmeiser, 2004 SCC 34.
Negotiated a complex license for technology necessary for a next generation aromatics extraction plant in Alberta. The mandate involved a Joint Venture to build aromatics extraction plant.
Nidek Corp., an alleged infringer, in a patent covering a laser eye surgery apparatus, resulting in the dismissal of the action and subsequent appeal. Visx Inc. v. Nidek Co. Ltd., 2001 FCA 215.
NUCRYST Pharmaceuticals Corp., in the possible sale of all or substantially all of the assets of NUCRYST and the consideration of an amalgamation of the NUCRYST with 1499642 Alberta Ltd., a wholly-owned subsidiary of The Westaim Corporation.
Omstead Foods Limited, in the divestment of its
frozen vegetable and coated appetizer division to Bonduelle SA and
its frozen fruit division to Silver Valley Farms.
One Equity Partners and Systagenix Wound Management, as Canadian counsel, in the purchase of Ethicon, Inc.'s, (a Johnson & Johnson company), Professional Wound Care business.
Research In Motion Limited, in its $150-million acquisition of Certicom Corp.
Resource Well Completion Technologies Inc., in the acquisition by Schoeller-Bleckmann Oilfield Equipment AG of a majority interest for approximately $40 million.
Statoil Canada Ltd., in acquisition by PTTEP Canada Limited of the remaining 60% ownership interest in the Thornbury, Hangingstone and South Leismer oil sands areas in exchange for Statoil's 40% stake in the Leismer and Corner projects and approximately US$200 million in cash.
SurfEasy Inc., in its acquisition by Opera Software.
The Banff Television Festival Foundation, in its
restructuring involving incorporating a new foundation and obtained
a court ordered transfer of assets and goodwill permitting the 2004
Banff Television Festival to proceed. This transaction included the
licensing of various intellectual property assets to a third party
white knight to ensure this 25-year Alberta institution could
continue forward with its goals.
The Canadian Copyright Licensing Agency, in obtaining and enforcing judgments for copyright infringement against individual and corporate defendants.
The shareholder consortium, in their formation to
effect the buyout of the founders of and the restructuring of
Trakware Systems Inc., the restructuring has included the entering
into of a complex source code / object code license arrangement
with the founder.
The Westaim Corporation, in the sale of assets of
Westaim's subsidiary, iFire Technology Ltd., to CTS Group Limited.
TriWest Capital Partners, one of Canada's leading private equity firms, in the acquisition of Prostar Well Service Inc. and Prostar Manufacturing Inc. (formerly Rangeland Drilling Automation Inc.)
VimpelCom Ltd., in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management Corp. (WIND Mobile), including the forgiveness or sale of approximately $2 billion of debt owed by WIND Mobile and the sale of their equity interests in WIND Mobile for approximately $130 million.
Bennett Jones