Jennifer Fairfax

• CNH Industrial

  CNH Industrial in its agreement to acquire Hemisphere GNSS for $175 million

• Nichi-Iko Pharmaceutical Co., Ltd

  Nichi-Iko Pharmaceutical Co. in its US$ 100 million sale to Ellimist Singapore Pte. Ltd.

• Deutsche Bank AG

  Algoma Steel Inc. and certain senior secured term lenders in Canada in Algoma’s acquisition of substantially all the assets of Essar Steel Algoma in connection to a restructuring under the CCAA

• Syndicate of lenders and the underwriters

  The syndicate of lenders and the underwriters in connection with Brookfield Infrastructure’s $4.31 billion acquisition of Enbridge Inc.’s Western Canadian Midstream Business

• Investors led by BC Partners and Ontario Teachers’ Pension Plan

  Investors led by BC Partners and Ontario Teachers' Pension Plan in the $5.125 billion recapitalization of GFL Environmental Inc.

• TC Energy

  TC Energy in the sale of its Ontario solar portfolio to Axium Infinity Solar LP for approximately $540 million

• Lenders and Underwriters

  Lenders and underwriters in the acquisition of Dominion Diamond Corporation by Washington Companies Corp.

Regulatory / Environmental Advice, including Negotiating with Government Regulators and Third Parties (Avoiding Litigation)

• A US corporation in ongoing negotiations of a complex, multi-party settlement and remediation agreement to resolve orders issued by the Ontario Ministry of the Environment and Climate Change relating to orphaned landfills, including direct negotiations with Ministry representatives and third parties
• A Canadian receiver in ongoing communications with inspectors/officers at Environment Canada, acting as the liaison for the client, making written and oral representations arguing against the imposition of possible directions and orders, negotiating resolutions, and addressing issues relating to the environmental condition of the sites
• An international oil company in an odour investigation being conducted by a Provincial Officer of the Ministry of the Environment, including direct communications with the Ministry
• A global (aluminum and plastic) manufacturing corporation with issues relating to the remediation of contaminated lands and legal advice regarding environmental indemnity risks and obligations
• A global engineering and manufacturing group with issues relating to the investigation and remediation of contaminated lands and legal advice regarding environmental liability
• An international manufacturing and distribution company in providing regulatory advice regarding environmental disposal and waste management practices in the Province of Quebec
• A private company in providing regulatory advice regarding environmental waste management, transportation, and disposal in the Province of Ontario
• A private corporation in providing regulatory advice regarding the proposed new Ontario Waste Reduction Act
• Numerous clients, including U.S. clients with Canadian operations or prospective Canadian operations including those in the mining sector, with corporate governance, mergers and acquisitions, restructurings, financings, public offerings and other corporate transactional advice on environmental matters, including due diligence, advice regarding regulatory/environmental liabilities, drafting terms and conditions, and tactical advice

Environmental Litigation (Both Civil and Regulatory)

• Suncor Energy Products Inc. in a judicial review application before the Ontario Divisional Court concerning alleged environmental cumulative effects in Sarnia and involving various allegations of Charter breaches relating to the harm or risk of harm from exposure to pollutants
• Greater Toronto Airports Authority in litigation involving the alleged disposal and use of contaminated fill material on private property
• An American consulting firm in an active lawsuit involving negligence issues relating to the decommissioning of contaminated lands, including issues relating to professional liability, standard of care, pure economic loss, and the alleged stigma of contamination
• A transportation services company in defence of a prosecution alleging breaches of the Environmental Protection Act in relation to the transportation of allegedly hazardous waste without an environmental compliance approval
• A US corporation in an active appeal to the Ontario Land Tribunal from an order issued by the Ontario Ministry of the Environment relating to orphaned industrial landfills
• A Canadian transportation/distribution company in litigation involving allegations relating to the alleged presence of designated and hazardous substances in a commercial building
• An international oil company in an environmental lawsuit involving issues relating to the migration of petroleum contamination, nuisance, negligence, remediation, and property value
• A waste and recycling company in an active contractual dispute resolved via private arbitration

Construction / Commercial Litigation

• A Canadian Crown corporation in various active contractual and insurance disputes, both via arbitration and the courts
• An Ontario municipality in active litigation relating to the reconstruction of a historical building
• Various Ontario companies in an ongoing breach of contract and negligence dispute relating to defective design and construction in a development project
• A private non-profit corporation in a complex, multi-party Ontario action involving allegations of negligence and breach of contract relating to a construction project
• A private corporation in a long Ontario trial involving claims by a former senior executive for equity entitlement and significant monetary damages
• An international manufacturing company in an Ontario action commenced by a supplier who seeks damages for alleged fundamental breach of contract
• A Canadian company in a long-standing dispute with its international insurers, involving events spanning thirty years and complex issues relating to recoverability
• An international corporation in a license software contractual dispute via private arbitration
• An American company in an Ontario action involving allegations of conspiracy, fraud and oppression, which focused on the propriety of the Ontario courts assuming jurisdiction over the dispute
• General Motors of Canada in a proposed class action by retired employees (Vernon v. General Motors of Canada Ltd., [2005] O.J. No. 486 (C.A.))
• Beaverbrook Art Gallery in a public arbitration regarding the ownership of works of art valued in excess of $100 million, located at the Beaverbrook Art Gallery in Fredericton, New Brunswick. Obtained the largest costs award in Canadian history ($4.8 million)