Davies Ward Phillips & Vineberg LLP

Davies is acting for Agnico Eagle Mines Limited in its C$204-million strategic acquisition of O3 Mining. The transaction is structured as a friendly takeover bid – one of only a few in the Canadian market in the last ten years. The Davies team acting for Agnico Eagle Mines includes: Patricia Olasker, Marc Pontone, Andrew Mihalik, John Aziz and Puneet Aujla (Public M&A); Jim Dinning and Umang Khandelwal (Competition). Read more: https://ow.ly/UNWl50UuvQx #MergersAndAcquisitionsAtDavies #CapitalMarkets #Mining

Read our review of shareholder activism in Canada for 2024 and discover key decisions and trends to watch for in 2025. Despite a strong start to the year, activist activity in Canada in 2024 tapered to pre-pandemic levels. This reversion to more historic annual totals follows a notable resurgence of shareholder demands directed at Canadian public companies in 2023, when shareholder engagement reached its highest levels since record-setting 2018. The latest installment of Governance Insights includes the following: • An examination of trends currently animating the Canadian shareholder activism space, along with insights for both issuers and activists • A review of two high-profile 2024 activist campaigns where the investor achieved a decisive victory, in each case resulting in a wholesale change of the board • The latest developments related to advance notice by-laws, joint acting and company-side defensive tactics Read our insights: https://ow.ly/oKfM50Uuqyz #GovernanceInsights #CorporateGovernanceAtDavies #CorporateGovernance #MergersandAcquisitions #ShareholderActivism

We are thrilled to offer a warm welcome to the associates who joined us this quarter. Gabriel Boulianne Gobeil, Léa Boutrouille and Nicholas Di Piano (Montréal); Vanessa Tsai (Toronto). #LawAtDavies #Recruitment #CanadianLaw

Can TikTok successfully challenge the order to close its Canadian operations? The company is challenging the government’s national security decision under the Investment Canada Act, presenting a rare opportunity for a court to evaluate the fairness of national security reviews. Jim Dinning and Mark Katz were featured in a Global Competition Review article where they discussed what constitutes “procedural fairness” and whether there is any way to navigate the secrecy surrounding these reviews. Read the full article: https://ow.ly/RjVh50UsRHa #CompetitionAtDavies #TikTok #Competition

The International Comparative Legal Guides (ICLG) - Merger Control 2025 is now live! Mark Katz, Umang Khandelwal and Teraleigh Stevenson have authored the Canada chapter, titled Merger Control Laws and Regulations Canada 2025. The chapter provides a comprehensive description of the merger control regime under Canada's Competition Act, including both the pre-merger notification process and substantive review, and reflecting recent amendments that have come into force. The Davies chapter is a valuable reference guide for parties considering merger transactions in Canada, in an environment in which heightened enforcement is anticipated. Read the chapter: https://ow.ly/KApP50Usay0 #MergersAndAcquisitionsAtDavies #MergersAndAcquisitions #LegalGuides

Global Competition Review (GCR) 100 once again lists Davies as an Elite Canadian Firm in their top-ranking publication for competition and antitrust practitioners, as it has since Canada was first included in the rankings. Davies’ Competition, Antitrust and Foreign Investment team comprises some of the most highly regarded lawyers in the field. Read more about the rankings and our Competition, Antitrust and Foreign Investment practice here: https://ow.ly/owNw50UqWsz #CompetitionAtDavies #GCR #Competition #Antitrust

Tax Court of Canada rules in favour of Russell Martin and Joshua Donaldson, resulting in significant adjustments to their income tax payable in Canada. Davies recently acted for former Toronto Blue Jays players Russell Martin and Joshua Donaldson in a tax dispute. The case centered on the correct computation of their income earned in Canada under the Income Tax Act, specifically the proper allocation of employer contributions to Retirement Compensation Arrangements (RCAs) and their exclusion from taxable Canadian-source income. The Tax Court of Canada ruled in favour of Martin and Donaldson, rejecting the Crown’s method of excluding RCA employer contributions from their total employment income before allocating between Canada and the United States. The Tax Court of Canada concluded that the RCA regime is a purely Canadian tax mechanism, meaning RCA contributions should be excluded from Canadian-source income only. This decision affirms that Canada does not have jurisdiction over non-resident foreign source income, leading to significant adjustments in the income tax payable by Martin and Donaldson in Canada. The Davies team included Marie-France Dompierre and Marc Pietro Allard. #TaxLawAtDavies #DisputeResolution #Litigation

Congratulations to our new associates in Montréal, Jamie Cowan, Simon Hamel-Genest and Julien Morin, who were recently sworn in as members of the Québec Bar following their stage with us. #LawAtDavies #CanadianLaw

The 2024 IFLR1000 has once again recognized Davies’ financial and corporate practices with Tier 1 rankings in the following areas: • Banking • Financial and Corporate • Mergers and Acquisitions (M&A) • Project Development: Energy and Infrastructure In addition, the guide also names 45 Davies partners as leaders in their field. We are grateful to our clients for trusting us with their most important financial and corporate matters. #Banking #Finance #MergersAndAcquisitions #Infrastructure #LegalExcellence

The cooperation burden on immunity and leniency applicants is greater than ever before. Hear from leading practitioners from the Competition Bureau Canada and the Canadian Bar Association. On December 12, Alysha Manji-Knight will participate in a Zoom panel discussion titled “Effective Compliance with the Immunity and Leniency Programs,” which will address the burdens and challenges that affect all parties and best practices to overcome them. Some of the topics being covered include tips and pitfalls for proffers, witness interviews and document production, steps the Competition Bureau must complete internally during an immunity/leniency application, what applicants and their counsel can do to make the process smoother and more. For information and registration: https://ow.ly/OhBI50UojWp #CompetitionLawAtDavies #Competition #Antitrust