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Acted successfully for BCE Inc. and Bell Canada in an appeal before the Supreme Court of Canada in the landmark case involving the proposed $51.7 billion privatization of BCE and the attempt by certain holders of debentures of Bell Canada (BCE's subsidiary) to prevent court approval of the transaction on the basis that the transaction failed to properly protect their interests. In a unanimous decision, the Supreme Court of Canada reversed the previous decision from the Québec Court of Appeal, rejected the claims made by the debentureholders, and restored the trial judge's approval of the transaction.
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Acting for Videotron Ltd. against a claim in excess of $18 million in connection with the termination of a share purchase agreement. Videotron terminated the agreement as a result of a material adverse event within the target.
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Acting for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price-fixing and related class actions.
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Acted for Cominar Real Estate Investment Trust in connection with its unsolicited takeover bid for Canmarc Real Estate Investment Trust, valued at approximately $904 million.
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Acting for O'Leary Funds in connection with its contestation of the takeover bid made by Boralex Inc. for the outstanding units of Boralex Power Income Fund.
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Acted for Eurocopter Holding SAS, a subsidiary of European Aeronautic Defence and Space Company EADS N.V., in connection with its acquisition of Vector Aerospace Corporation in a transaction valued at $635 million by way of a takeover bid.
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Acting for Ernst & Young Inc., a Court-appointed Monitor, in connection with the restructuring of Quebecor World Inc. and 53 of its subsidiaries in excess of US$2.8 billion of liabilities and emerged from protection under the Companies' Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code pursuant to Plans of Reorganization approved by creditors and courts in both countries.
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Acted for Abitibi-Consolidated Inc. in its merger of equals with Bowater Incorporated to create a company with a combined enterprise value of US$8 billion.
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Acted for Laurentian Bank of Canada, a significant secured creditor of Groupe de Scieries GDS and its subsidiaries, in their restructuring attempt under the Companies' Creditors Arrangement Act. Davies was successful in obtaining for the Bank significant modifications to the Initial Order, which led to the Bank's claim being purchased by another creditor.
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Acted for Catalyst Fund Limited Partnership I in the restructuring of Cable Satisfaction International Inc., sponsored by Catalyst, including the sale of Cable Satisfaction's subsidiary, Cabovisao-Televisao por Cabo, S.A., to Cogeco Cable Inc. in an all-cash transaction valued at 465 million euros.
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Acted for Eaux Vives Harricana Inc. and its two subsidiaries in its restructuring under the Companies' Creditors Arrangement Act (CCAA). This restructuring resulted in the implementation of a plan of arrangement compromising claims aggregating over $100 million.
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Acted for the Caisse de dépôt et placement du Québec in the successful representation in its litigation relating to its successful takeover bid for Vidéotron Ltd., a major Québec cable company.
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Acted for Future Electronics Inc. in the successful challenge of a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act (before the Superior Court and Court of Appeal of Québec and the Supreme Court of Canada).
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Acted for Rogers Sugar Income Fund and Rogers Sugar Inc. in the conversion of Rogers Sugar Income Fund to a corporate structure by way of plan of arrangement.
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Acted for Aleris International, Inc. in connection with the bankruptcy of Aleris Aluminum Canada S.E.C.
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Acted for Dune Capital Management LP, a secured creditor in connection with the Companies' Creditors Arrangement Act proceedings of White Birch Paper Holding Company.
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Acted for Barzel Industries Inc. (formerly Symmetry Holdings Inc.) in its acquisition of Novamerican Steel Inc. for a purchase price of US$585 million. This transaction was only the second time that a US special purpose acquisition company ("SPAC") acquired a US public company.
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Acted for Catalyst Fund in connection with the restructuring of Cable Satisfaction International Inc. under the Companies' Creditors Arrangement Act (CCAA) and the sale of principal subsidiary Cabovisao Televisao Por Cabo, S.A. to Cogeco Inc.
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Acted for Steelhead Partners, LLC in connection with the takeover bid of Fibrek Inc. by Resolute Forest Products Inc.