Lexpert Magazine

March 2019

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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16 LEXPERT MAGAZINE | MARCH 2019 going to be exit strategy. In the past, probably the most common way for Private Equity firms to exit was through an Initial Public Offering. But Canadian investors haven't had much ap- petite for new issues. A PwC study showed just 54 initial pub- lic offerings last year totaling $2.2 billion on all four major Canadian stock exchanges — less than half of 2017, which was hardly a stellar year either. e largest single IPO was the $462 million raised by HR soware firm Ceridian HCM Holding. In the US, in contrast, a single of- fering, for Alibaba Group Holding, raised US$21.77 billion — more than 10 times all Canadian IPOs. US markets saw 191 IPOs in 2018 raising US$46.8 billion, according to the Business Insider. Susan Tomaine, a partner at Blake, Cas- sels & Graydon LLP in Vancouver, says Private Equity managers don't have high expectations of being able to make an exit through an IPO in Canada these days. "With public markets being a barrier, the challenge is to find another strategy," she says. And they have, she adds. "ey're doing strategic partnerships, strategic dis- positions and bolt-on acquisitions." e thinking behind a bolt-on acquisi- tion is that by buying a company that pro- vides complementary services, technology or geographic diversification to an existing asset, the fund is creating a bigger, more ef- ficient company with a higher valuation. It's a play Private Equity lawyers say they've done fairly oen recently, and one that's seen as an effective exit strategy. at said, Tomaine says some sectors are unquestionably more attractive to PE buyers than others. She points to tech and says, for example, the University of British Columbia's active support of technology research has drawn a fair bit of Private Eq- uity attention. "ere are a lot of technology entrepre- neurs here in Vancouver so we've seen and expect to continue to see lots of PE interest in anything tech — fintech, medtech, agri- tech [agriculture technology]. ere are so many opportunities and new and interest- ing stories developing." In Western Canada, she says, you also have to look at the resource sector: In BC, mining in particular. She acknowledges in- terest in that area isn't great at the moment. "It's a tough market to raise funds right now and I'm not saying we're going to see a lot of new Private Equity coming into min- ing, but there are Private Equity investors who know that space and they understand the capital cycle of the mining industry. "I'm not sure you're going to see new players in this particular cycle, but I think Private Equity's always interested in a good story, a compelling story, so the ones that are in the space already will continue to support it." Even more than mining, much of the fo- cus of Private Equity in Western Canada was traditionally beamed at the oil patch. It wasn't very long ago US Private Equity firms were flying someone up to Calgary on a weekly basis to build relationships and sniff out potential opportunities. PHOTO: SHUTTERSTOCK

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