WWW.LEXPERT.CA
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2016
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LEXPERT 31
Orr, William K. Fasken Martineau DuMoulin LLP
(416) 865-4360 worr@fasken.com
Mr. Orr is recognized as one of Canada's leading lawyers in advising
boards of directors and their committees on corporate governance issues,
mergers & acquisitions, capital markets, securities regulation
and multinational transactions.
Oliver, Eden M. Bennett Jones LLP
(416) 777-7499 olivere@bennettjones.com
Senior practitioner in corporate and commercial transactions, M&A, joint
ventures, financings and restructurings. Specialist in energy and mining
sectors, advising public & private enterprises, financial institutions,
lenders and investors.
Olasker, Patricia L. Davies Ward Phillips
& Vineberg LLP (416) 863-5551 polasker@dwpv.com
Ms. Olasker focuses on public company M&A, shareholder activism and
international and domestic corporate finance, including public market
derivatives, high-yield debt and MJDS offerings. Transactions include Burger
King's acquisition of Tim Hortons, McKesson's announced acquisition of Rexall
and the Pershing Square/CP proxy contest. Adjunct professor at Osgoode
Hall Law School, advanced M&A.
O'Neill, Brendan Goodmans LLP
(416) 849-6017 boneill@goodmans.ca
Mr. O'Neill's practice focuses on cross-border and transnational insolvencies
and restructurings, bankruptcy-based acquisitions and near-insolvency
investing scenarios. He represents debtors, creditors, committees,
bondholders and other stakeholders.
Nordick, D'Arcy Stikeman Elliott LLP
(416) 869-5508 dnordick@stikeman.com
Mr. Nordick is a partner in the Toronto office and is the co-head of the Capital
Markets/Public M&A Group. He advises foreign and domestic clients on
mergers and acquisitions (public and private), corporate finance, securities
licensing, joint venture, project development and general corporate
and commercial law. His clients include banks, dealers, governments,
private-equity firms and more.
Nixon, Christopher W. Stikeman Elliott LLP
(403) 266-9017 cnixon@stikeman.com
Mr. Nixon specializes in M&A, corporate finance, joint ventures,
reorganizations and governance, representing, among others, oil & gas
exploration and oilfield service entities and investment dealers in Canada,
the US, Europe and Asia.
LEXPERT RANKED LAWYERS
Singer: One notable feature of the transaction was the
speed with which it was completed from the date of an-
nouncement, especially so relative to other acquisitions
in the sector. Having participated in a number of the
public and private transactions in the assisted-living
sector over the past years, we were able to bring a lot of
efficiency to the transaction.
LEXPERT: Was there any risk at all that this deal might
not close? Any other obstacle?
Olley: ere is always some risk to closing, but we assessed
the risk as relatively low in this case, given the absence of a
financing condition and the quality of purchaser.
LEXPERT: What would you say was the most interesting
or memorable aspect of this deal?
Oppenheim: Two elements really stand out. One was the
process that the company engaged in to find the most
suitable buyer — from deciding who to invite to partici-
pate in the process, assessing the relative merits of the
proposals received, and then coming to the deal that
was ultimately concluded, all while keeping competi-
tive tension among the various bidders to try to ensure
the highest price possible for shareholders. e other
interesting aspect of this deal was recognizing and navi-
gating our way through the inherent potential conflict
between the largest shareholder of the company who
was involved in management and its other sharehold-
ers. As it turned out, we ultimately got complete align-
ment between these groups and were able to realize a
control premium to everyone's benefit, but this was not
necessarily going to be the case when we commenced
the process.
(For a summary and full list of legal advisors, see the
"Big Deals" section in the March edition of Lexpert.)