Recent Experience
URUS Group LP and affiliates (formerly Alta Genetics), on a significant dispute between our client and a contract counterparty with respect to continued operation of a multi-generational genetic improvement program.
United Farmers of Alberta Co-operative Limited (UFA), in all of its technology initiatives, including hardware, software licensing, systems licensing and outsourcing agreements, and advised on data protection, cybersecurity and privacy matters.
URUS Group LP and affiliates, in researching current market arrangements and trends and legal frameworks for constraining uses of improved genetics in dairy industry.
Wilbur-Ellis Holdings II, Inc., in its acquisition of Nachurs Alpine Solutions.
JBS Food Canada ULC, in its acquisition of a case ready meat packaging plant from MCF Holdings Ltd.
JBS, in its sale of Lakeside Feeders and adjacent farmland in Brooks, Alberta, to MCF Holdings for $50 million.
An agricultural producer, in a successful appeal to the Alberta Agricultural Marketing Council Appeal Tribunal of a decision of the Alberta Sugar Beet Growers to cancel production quota under the Marketing of Agricultural Products Act.
A multinational fertilizer business, with a range of intellectual property and privacy matters as well as specialized IT and commercial agreements.
Agriculture and AgriFoods Canada, in a license dispute over plant breeder's rights.
A multinational seed provider, with a range of intellectual property and privacy matters as well as specialized seed licensing, distribution and related commercial agreements.
Glencore International, with its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion.
BHP Billiton, with its $274-million all cash acquisition of Anglo Potash Ltd. by way of a plan of arrangement.
Agrium Inc., with the drafting and negotiation of an Engineering, Procurement and Construction Agreement entered into with a joint venture of SNC Lavalin Inc. and PCL Industrial Management Inc. in regards to the planned expansion of Agrium's potash mine and processing facility located at Vanscoy, Saskatchewan to increase annual production by an additional 750,000 tonnes per year.
TerrAscend Corp., in its arrangement with Canopy USA, LLC to convert $125.5M in debt to securities.
Agritrac Equipment, with the sale of substantially all of its assets to Rocky Mountain Dealerships Inc. (a TSX-listed company).
Clover Leaf Holdings Company / Connors Bros. Clover Leaf Seafoods Company, with insolvency and strategic advice with insolvency proceedings and with the closing of an asset purchase agreement with FCF Co., Ltd. for the sale of substantially all of the Bumble Bee Group's assets.
Vaan Ray Paskal, with operations including eight feedlots (which combined are the biggest cattle supplier to JBS Canada), several large farms producing corn, wheat and silage for the cattle in the feedlot operations, a trucking division which transports cattle across Canada and the US to and from the feedlots, and the Roto-Mix business which manufactures durable livestock feed mixing equipment, as counsel for the borrower to amend the credit agreement financing for cattle and ranching operations.
Noble Ridge Winery, a leading British Columbia wine maker and exporter, supporting branding strategy and providing the protection and enforcement of the company's Canadian trademarks and assisting with a U.S. expansion.
Ninety Eight FoodCo, operator of several popular restaurants in Canada, with developing branding strategy, acquiring an additional restaurant business in a merger and acquisition transaction and trademark filings in Canada and the US. We also defend and provide enforcement of the trademarks.
CEG License, operator of a large number of popular restaurants in Canada, with developing branding strategy, acquiring additional restaurant businesses in merger and acquisition transactions, the divesture of several restaurant brands and trademark filings in Canada. We also defend and provide enforcement of the trademarks. We successfully defended the client in a challenge to its NATIONAL restaurant brand by a challenge from a competitor.
Calgary Exhibition and Stampede Ltd., a client for almost 100 years, securing protection for their new restaurant, café and bar branding, licensing major musical and other performers and shows who attend at the event, defending and providing enforcement of the client's worldwide trademarks including addressing counterfeit matters during the major events. We also addressed infringement of some of the client's brands by third parties, including opposition proceedings in the United States.
Western Refrigeration, Canada's leading food store equipment distributor, providing equipment sales, store design, installation, and product training to convenience stores, the hospitality industry and food service organizations, with reorganization following departure of major shareholder.
Canada Royal Milk, a subsidiary of Feihe International, with developing a branding strategy, and protecting and enforcing the company's Canadian trademarks.
GreenSpace Brands (TSXV:JTR), with asset purchases, securities work, debt financing, and strategic options for growth. This included the sale of its Rolling Meadow Dairy brand and business (excluding the egg business) to Agrifoods International Cooperative Ltd. subsidiary, Organic Meadow Limited Partnership and in its loan agreement with Primary Capital Inc., as administrative and collateral agent for a syndicate of lenders, providing for a $4-million term debt facility.
Conagra Brands, Inc., in its acquisition of Pinnacle Foods for $8.1 billion, in a cash-and-stock deal that makes Conagra the No. 2 U.S. frozen food maker by sales. The combined market capitalization of Conagra and Pinnacle Foods is $23 billion.
Quality Cheese, in applications for judicial review and other fora for various forms of relief from assessments of duties, interest and penalties claimed by the Canada Border Services Agency.
Grupo Peñaflor S.A., in all of the Canadian intellectual property work for the large Argentinian wine group, including responsibility for its large Canadian trademark portfolio.
United Farmers of Alberta Co-operative Limited, as borrower counsel for a second amended and restated Asset-Based Credit Agreement providing for an asset-based revolving credit facility in the maximum aggregate amount of $250 million.
Sustainable Produce Urban Delivery Inc. (SPUD), with the negotiation of a strategic collaboration with Walmart Canada Corp. pursuant to which SPUD, through its wholly owned subsidiary, Food-X Urban Delivery Inc., will provide online food delivery services for Walmart Canada.
Big Rock Brewery Corp, with the acquisition of Fireweed Brewery in British Columbia.
Ferrero SpA, as Canadian IP counsel, strategic advice on the evolution of its famous brands and products, acquisitions of IP, and the enforcement of its rights (before the Federal Courts and the Opposition Board) in Canada. In addition, we advise on packaging and labelling matters, and marketing and advertising campaigns.
Original Joes Franchise Group, on financings, acquisitions, corporate reorganizations and franchising.
Monsanto Corporation, one of the largest agrochemical and agricultural biotechnology corporations in the world (US based), in its defence of an action alleging product defects in its Touche tomato seeds.
Alta Genetics, on a review of breeding contract forms, CRISPR technology patents and state of license background, herd monitoring data security, other technology-related or IP-related issues.
Bennett Jones