New 2021 Mergers & Acquisitions Report
This report sets out Lex Mundi member firms’ insights and predictions for 2021 in respect of mergers and acquisitions (M&A), including key concerns facing private company M&A practitioners, deal activity by market segment and sector, in their respective jurisdictions.
Learn how you can instantly download the Lex Mundi 2021 Global Mergers & Acquisitions Trends Report.
TDS has been placed at the centre of the “Bulls-Eye” ranking of corporate/commercial law practices in Winnipeg numerous times and has also been recognized by Chambers Global and Canadian Lawyer Magazine as one of the leading firms in the region.
Our corporate and commercial law practice engages our lawyers in a wide variety of financial and commercial matters including acquisitions, dispositions, mergers, arrangements, loan transactions, debt restructurings, financings, contractual arrangements, reorganizations and bankruptcies. We advise on incorporations (as well as the implementation of fundamental changes, such as continuances and amalgamations) and the organization of other business entities, such as partnerships and joint ventures. We assist management in the creation and adoption of appropriate corporate governance principles as well as on board composition and board management.
Our lawyers are regularly called upon to advise management and boards of directors on a wide range of legal issues, to structure and negotiate transactions and to prepare the required documentation to implement the advice given. This advice may include obtaining necessary regulatory approvals (whether at the provincial or federal level), taxation strategies for structuring transactions and dealing with all of the related issues that typically arise in commercial transactions, such as intellectual property, real estate, employment and computer technology matters.
We have experience in the preparation of all types of commercial agreements including shareholder, partnership and joint venture agreements. Members of our corporate and commercial practice have particular knowledge in securities law, financings, secured transactions, franchising, cooperatives, bankruptcy and insolvency matters, natural resource law and utilities law.
Our nationally recognized corporate and commercial practice services local, national and international clients in a wide variety of business law matters. When you or your company requires business law advice, contact Lisa Stiver, our Business Law group leader.
Glen Agar
Lawyer
Lewis Allen
Lawyer
Jessie Anton
Lawyer
Paolo Aquila
Lawyer
Renae Baker
Lawyer
Jessica Barley
Lawyer
Mitch Billinkoff
Lawyer
Mason Broadfoot
Lawyer
Kevin Bruce
Lawyer
Dion H. Cheung
Lawyer
Michael Choiselat
Lawyer
Bjorn Christianson, K.C.
Lawyer
Sophie Collier
Lawyer
Silvia de Sousa
Lawyer
Kelly Dickson
Lawyer
Stefan W. Drew
Lawyer
Douglas Forbes
Lawyer
Robley Goff
Lawyer
Elmer Gomes
Lawyer
Antoine Hacault
Lawyer
Jennifer (Jen) Hanson
Lawyer
Scott J. Hoeppner
Lawyer
Heather M. Hughes
Lawyer
Frost M. Jiwa
Lawyer
Leilani Kagan, K.C.
Lawyer
Bryan Klein
Lawyer
Jeffrey Kowall
Lawyer
Melanie LaBossiere
Lawyer
Frank Lavitt, K.C.
Lawyer
Richard M. Leipsic
Lawyer
Katie Leung
Lawyer
Barry MacTavish
Lawyer
Melissa Malden
Lawyer
Sonya Mann
Lawyer
Ross McFadyen
Lawyer
Jennifer McKinnon
Lawyer
Drew Mitchell
Lawyer
Joel Olfert
Lawyer
Leo E. K. Palay
Lawyer
Elizabeth Pappas
Lawyer
Dan C. Robillard
Lawyer
Paul Roy
Lawyer
M. Ingrid Ruiz
Lawyer
Tanci Smart-Carvalho
Lawyer
Danny Spencer
Lawyer
Art Stacey
Lawyer
John Stefaniuk, K.C.
Lawyer
Allan Stewart
Lawyer
Lisa Stiver, K.C.
Lawyer
C. Leah Suderman
Lawyer
Douglas Tait
Lawyer
Bryan Tait
Lawyer
Gregory J. Tallon
Lawyer
Stéphanie Tétreault
Lawyer
Andrew Thompson
Lawyer
Bennett Ulrich
Lawyer
Alyson Vercaigne
Lawyer
Christina Vieira Olfert
Lawyer
Courtney Weinstein
Lawyer
Nicholas Woelcke
Lawyer
Richard Yaffe, K.C.
Lawyer
Celyna Yu
Lawyer
Bradley Zander
Lawyer
Buoyed by the backing of the Dutch, a Manitoba-grown agriculture company is rolling into Saskatchewan. AgWest Ltd.’s acquisition of two Saskatchewan dealerships is its latest move in a steady expansion.… Learn More
Michael acted for the lender in connection with construction financing for a 76-unit apartment building known as The Mission, located at 420 Chrislind Street, Winnipeg.
Michael and Jennifer acted for the lender in connection with the refinancing of a 174-Unit Luxury Apartment Building known as Crossings at The Refinery District, located at 425 & 435… Learn More
Doug is acting for the lender in connection with the natural extension of The Forks, known as Railside, located at 130-123 Main Street, Winnipeg.
Michael and Jennifer acted for the lender in connection with the refinancing of an 82-unit apartment building known as The Point, located at 1125 Pembina Highway, Winnipeg.
TDS assisted Norway House Cree Nation in the purchase of the Minago Mine from Flying Nickel Corp. The purchase of the Minago Mine, located on Norway House’s traditional territory, makes… Learn More
Michael and Jennifer acted for the lender in connection with the financing of a 13-building, 156 unit, two story townhome complex known as Polo Club in Winnipeg.
Michael and Jennifer have acted for Thorwin Real Estate in connection with the recent acquisition of the following properties: 13-building, 156 unit, two story townhome complex known as Polo Club… Learn More
Explore recent commercial real estate and property development transactions done by TDS lawyers by downloading the 2022-2024 TDS Real Estate Transactions. Featuring 20+ deals across Winnipeg, Thompson (Manitoba), and Saskatoon… Learn More
Highway Motor Freight has announced $16,000,000.00 investment in CentrePort Canada Rail Park that will generate 150 new jobs for Manitobans once operational. This expansion includes the acquisition of 20 acres… Learn More
Ecopoxy’s Chief Executive Officer, Jack Maendel, began collaborating with TDS Partner, Silvia de Sousa, at a pivotal moment in the company’s history. Following the launch of their innovative soybean oil-based… Learn More
A team of TDS lawyers advised private equity company Perwyn on Canadian aspects of its $130 million Series D investment into HungryPanda. Perwyn led the investment round, joining investors 83North,… Learn More
TDS lawyer Stefan W. Drew represented Winnipeg, Manitoba based Sherpa Marketing on their merger with one of Canada’s oldest advertising agencies, McKim Communications Group Ltd. Sherpa’s award-winning data-driven digital marketing… Learn More
Bold Commerce: $35 Million CAD Series B Funding Equity Raise Transaction TDS acted as legal advisor to Bold Commerce in its recent Series B Financing, raising $35 million CAD… Learn More
Thompson Dorfman Sweatman LLP acted for HyLife Ltd. on the acquisition of hog farming assets from ProVista Agriculture and affiliates. The TDS team consisted of Greg Tallon (business law), Leilani… Learn More
Thompson Dorfman Sweatman LLP acted as legal advisor to Boyd Group Services Inc. on its public offering of 1,265,000 common shares for an aggregate value of $231,450,000 ($183 per common share) which closed on May… Learn More
TDS is acting for Thailand-based Charoen Pokphand Foods Public Company Limited (“CPF”) on the intended purchase of 50.1 percent of the shares of Manitoba-based HyLife Group Holdings Ltd. (“HyLife”), for… Learn More
In 2018, Boyd Group Income Fund subsidiaries entered into different transactions to acquire approximately 42 non-franchise collision repair locations. TDS represented The Boyd Group with a team led by Greg… Learn More
TDS acted in connection with the sale of 310 Donald Street and 329 Hargrave Street, Winnipeg, Manitoba (Hotel, Office Space and Retail Space), to Industrial Alliance Insurance and Financial Services… Learn More
In 2018 the TD Bank financed a management group acquisition of the casino operations and management services, and refinanced the operations of a First Nation owned casino and resort. The… Learn More
TDS acted for Brandon, Manitoba based Manitoba NetSet Ltd. and I-Netlink Incorporated (NetSet) on the sale of the internet access business to New Brunswick-based Xplornet Communications. NetSet is the largest… Learn More
The sale of The Sheraton Centre Toronto Hotel (Sheraton Centre), for $335 million was completed on October 17, 2017. Located in Toronto’s financial district, across from City Hall, this is… Learn More
The sale of the Medical Arts Building (a 15-storey multi-tenant professional & medical services building located at 233 Kennedy Street, including a surface parking lot and adjacent parkade), for $15.5… Learn More
Thompson Dorfman Sweatman LLP (TDS) acted as Boyd Group’s lead legal advisor and Acumen Corporate Development Inc. (Acumen) acted as advisors to The Boyd Group. TDS represented The Boyd Group… Learn More
TDS Partner Glen Agar, along with TDS Associate Danny Spencer acted as lead counsel for True Temper Sports Inc. based in Memphis, Tennessee and Lincolnshire Management based in New York,… Learn More
The purchase of the Medical Arts Building, located at 233 Kennedy Street, for $7.9 million closed on November 1, 2015. This purchase included the adjoining surface-parking lot, as well as… Learn More
Filing articles of incorporation The Companies Office is the corporate registrar in the Province of Manitoba. Over the past several years, the Companies Office has migrated many of their services… Learn More
On December 16, 2024, following the abrupt resignation of Finance Minister Chrystia Freeland, the Government of Canada released the 2024 Fall Economic Statement. The Fall Economic Statement, which proposes the… Learn More
On June 10, 2024, the Department of Finance Canada (“Finance”) issued a Notice of Ways and Means Motion (“NWMM”) that provided additional information and clarity on the measures proposed in… Learn More
The Mandatory Disclosure Rules (the “New Rules”) received royal assent on June 22, 2023, as part of Bill C-47. The New Rules will amend the Income Tax Act (the “Act”)… Learn More
Partnerships Generally Legally speaking, a partnership is: The relation which subsists between persons carrying on a business in common, with a view of profit; but the relationship between members of… Learn More
The Quebec provincial government adopted a new language law on May 24, 2022 called Bill 96, An Act respecting French, the official and common language of Québec (“Bill 96”). The… Learn More
For small and medium-sized businesses, compliance with Canadian competition law may not be at the forefront in business planning and operational considerations. However, there are a variety of potential risks… Learn More
In Manitoba, an asset purchase and sale transaction won’t be complete without considering these three forms: 1. CRA: GST Form 44 A joint election under subsection 167(1) of the Excise… Learn More
Stock option plans are an effective incentive and retention compensation method. Below is a list of key considerations for a private corporation developing a stock option plan. Who is eligible… Learn More
Manitoba’s new limitations legislation, The Limitations Act, S.M. 2021, c. 44 (the “New Act”), came into force on September 30, 2022 replacing The Limitation of Actions Act (the “Old Act”).… Learn More
Insights and predictions for 2023 This report provides a concise overview of the insights and predictions of M&A practitioners across 71 jurisdictions in the Lex Mundi network, including their key… Learn More
Bogue v Miracle, 2022 ONCA 672 On September 29, 2022, the Ontario Court of Appeal (the “ONCA”) in Bogue v Miracle, 2022 ONCA 672 [Bogue v. Miracle] affirmed the protections… Learn More
On June 16, 2022, the federal government introduced Bill C-27, the Digital Charter Implementation Act, 2022. This Bill includes three separate pieces of legislation aimed at overhauling Canada’s private sector… Learn More
After many months of temporary orders being issued by the Manitoba Government to accommodate remote witnessing and commissioning during the COVID-19 pandemic, on October 1, 2021, the Government brought into… Learn More
Update: Since the posting of this article most of The Planning Amendment and City of Winnipeg Charter Amendment Act has been proclaimed into force effective October 29, 2021. The regional… Learn More
The “Numbered Treaties” in Canada are a series of eleven post-Confederation Treaties that were concluded between Canada and the signatory First Nations from 1871 to 1921. Together, they cover a… Learn More
Did you know that your corporation is required to complete certain annual resolutions and filings every year? This article provides an overview of how to maintain a corporation incorporated under… Learn More
The value of a non-competition agreement in the context of a business acquisition can be significant to a purchaser. However, it can also lead to significant and unintended tax consequences… Learn More
We have recently been asked by several clients whether an organization, be it a condominium corporation, non-profit organization or share capital corporation, can host its annual general meeting (AGM) virtually… Learn More
Manitoba Corporations – New Register Requirements of Individuals With “Significant Control” Now in Effect Identifying the actual individuals involved in business activities is an essential component of Canada’s anti-money laundering… Learn More
The federal government, in partnership with the provincial and territorial governments, has established the Canada Emergency Commercial Rent Assistance program (CECRA) for small business owners paying rent. CECRA provides financial… Learn More
In some quarters, there is a nostalgic wish for the old days of a “hand-shake” or “back of a napkin” deal. The world is different now. In almost all real… Learn More
COVID-19 & Contracts: Can I get out of a Contract due to the Pandemic? The short answer is: it depends. Most commercial agreements provide for parties to be excused from… Learn More
Effective January 1, 2020, public companies, including “venture issuers”, that are governed by the Canada Business Corporations Act (CBCA) will be required to provide shareholders with enhanced disclosure regarding board… Learn More
The purpose of this article is to provide an overview of the Bulk Sales legislation in Manitoba and to describe the importance of ensuring proper compliance with this legislation in… Learn More
What business forms are available to me? The most common forms of small business in Manitoba are a sole proprietorship, a partnership, and a corporation. Whether you are just starting… Learn More
Author Rebecca M. Thomson is no longer with TDS. Please contact us for further assistance. The negotiation and signing of a commercial lease can be overwhelming for a prospective tenant.… Learn More
The Institute of Communication Agencies (ICA) published It’s Time to Change the Agency Selection Process. You can register a free copy by clicking here. Our lawyer Lisa Stiver contributed to… Learn More
Federal Corporations: Significant Changes to Disclosure Requirements Coming into Force in June, 2019
Author Ali J. Hyde is no longer with TDS. Please contact us for further assistance. Bill C-86, the Budget Implementation Act, 2018, No. 2 (the “Bill”) is scheduled to come… Learn More
It is very common for a new business owner to avoid incorporation, in an effort to minimize start-up costs and to enable initial losses to be offset against personal income.… Learn More
A Quick and Easy Guide Introduction Recently, a number of significant and complex proposed changes to Canada’s tax legislation were announced, which could result in many privately held corporations becoming… Learn More
When a tenant defaults on a commercial lease, there are a multitude of remedies available to a landlord, and it can be quite daunting to determine how best to respond. … Learn More
What is CentrePort Canada Inc. (CentrePort)? CentrePort Canada is a 20,000 acre inland port and Foreign Trade Zone located in Winnipeg, Manitoba and the Rural Municipality of Rosser. CentrePort is… Learn More
Going Global – “All Hands on Deck” By Alan Margulius and Anita Wortzman of Acumen Corporate Development Transformational Growth: For many companies, Going Global can be transformational. Going Global sets the… Learn More
Can a Fiduciary Duty Extend Beyond the Traditionally Accepted Categories? As a business lawyer, I am frequently asked to advise my clients about the duties they, as a director or… Learn More
Fires on commercial and industrial premises are an unfortunate fact of life for landlords, tenants, and insurers. In the wake of a fire loss, investigations may reveal that the fire… Learn More
Erika Robson is on a sabbatical from the firm and is currently not practicing law in Manitoba. Crowdfunding has become an increasingly popular method for start-ups and small and medium-sized… Learn More
The first issue typically negotiated between a prospective purchaser and the owner of an incorporated business who is interesting in selling his or her business, is determining whether to structure… Learn More
The Office of the Superintendent of Bankruptcy Canada reports that there were 4,281 insolvencies filed by businesses in Canada for the 12 month period ending December 31, 2013. Acquiring assets… Learn More
There are some things you should know There are various legal structures which individuals and companies may create to conduct business in Manitoba. When making a determination as to your… Learn More
Many of our clients express this sentiment about their bank, whether they have been in a long term or short term relationship. Based on discussions with friends and relatives, many… Learn More
TDS Law was pleased to be a gold sponsor of Centrallia for another year. As part of our commitment to this conference we hosted a seminar, Doing Business in Canada,… Learn More
On October 1, 2012, The Franchises Act came into force in Manitoba (the “Act”). The Act seeks to formally regulate the relationship between franchisors and franchisees in Manitoba. Traditionally, the… Learn More
Consider this situation… Three brothers inherit the family farm business in the mid 1970’s and grow it over a period of time. Each of the brothers gets married and has… Learn More
There are various legal structures that individuals and companies may enter into in order to conduct business. In addition to the often-used corporation, consideration should be given to using a… Learn More
Effective December 5, 2011, the Manitoba Land Titles Office implemented the following rules regarding the witnessing of Land Titles Office documents. It should be noted that the rules pertaining to… Learn More
A Letter of Intent (“LOI”) is quite often the first document between business people to record their understanding of the main commercial terms for a potential transaction. One of the… Learn More
Farmers in Manitoba are not like other debtors. They have special legislative protection which is intended to prevent creditors from seizing and selling farm land without giving the farmer a… Learn More
The due diligence stage is an essential element to a successful commercial transaction. When purchasing a business the due diligence stage allows the buyer to assess the value of the… Learn More
A Unanimous Shareholder Agreement (a “USA”) is an agreement among all of the shareholders of a corporation which restricts, in whole or in part, the powers of the directors of… Learn More
Licensing can be an important pathway to commercializing technology. Inc. magazine published a great article recently providing tips from licensing experts on things you should consider in relation to licensing… Learn More
Are You Starting New, or With Baggage? The questions I most frequently receive continue to focus on start-up issues, whether new products or technologies. So, in the interests of demystifying… Learn More
On October 18, 2011, Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, had its first reading in Parliament.… Learn More
Raising Capital for Start-up Businesses You have an idea which you believe you could turn into a business, and you are certain that it is a good idea, defining a… Learn More
As farms and agri-businesses get bigger and more sophisticated, there are not only new opportunities but also continuous and growing pressures on margins and on resources, both human and capital.… Learn More
Owners of family farms may take advantage of fairly simple planning strategies to minimize taxes and to creditor-proof their assets. Where an individual does not incorporate a family farm business,… Learn More
What You Post On Facebook Could Lead To Discipline At Work I will admit it. Everyday, along with tens of millions of others, I log onto my Facebook account to… Learn More
When a company wishes to raise equity financing, more often than not, senior management looks to external sources such as private equity or venture capital. Given tight equity markets, an… Learn More
Important Considerations Most individuals hired by businesses to assist them in carrying out their operations will be considered to be employees. The employee will be protected by the provisions of… Learn More
Raising and managing capital is a business’ biggest challenge, regardless of its stage of development. Whether you are a tech start-up or a successful business in expansion mode, you can… Learn More
I saw The Social Network recently and really enjoyed it. It’s a good story, well told (and well acted). Unfortunately, there aren’t that many Facebook-type success stories out there, so… Learn More
Will Your Liability Clause Withstand The Tercon Test The law of tendering and procurement for goods and services has been an area of mounting litigation over the past few… Learn More
Applying ‘Old’ Privacy Laws To New Marketing Initiatives The marketing potential of Social Media is very quickly being recognized and explored by many businesses and organizations. This is understandable… Learn More
Newspapers have been full of stories about naming rights and sponsorships gone wrong. The Aquarium of the Pacific in Long Beach, California had to decide this week whether to proceed… Learn More
The purpose of this article is to briefly describe: the benefits of the limited partnership as a form of business organization; and the benefits of choosing Manitoba as the jurisdiction… Learn More
I have been asked on more than a few occasions to review corporate by-laws to confirm for clients whether or not there is an indemnity clause in favour of directors… Learn More
Historically, Western Canada was developed, in part, in conjunction with the growth of the railways from East to West. Originally, railways served the small towns and the various grain elevators… Learn More
I. INTRODUCTION Since the Supreme Court laid the foundations for a better understanding of the duties of consultation and accommodation in Haida Nation and Taku River in 2004, there has… Learn More