François Tougas* 

Co-Chair, Transportation, Co-Chair, B.C., Competition
Vancouver  t: 604.691.7425  |  e: francois.tougas@mcmillan.ca

François Tougas*

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.691.7425
e: francois.tougas@mcmillan.ca

overview

François is listed in several domestic and international directories as one of the leading transportation and competition lawyers in Canada. He has been rated as AV® Preeminent™ by Martindale-Hubbell since 1996 and has been repeatedly listed in Chambers Global, Chambers Canada, LEXPERT and Best Lawyers.

He is a Band 1 rated lawyer by Chambers and Partners, who state: "François Tougas of McMillan LLP receives sterling praise for his work in the rail sector, with one interviewee hailing him as a strategic thinker who gives very good, practical advice." A contributor states “his strengths lie in his long experience in dealing with policy, regulatory and legislative issues. Most are complex in nature and he has established himself as one of the top transportation and regulatory counsel in the country."

François has written extensively on a variety of legal matters, and is particularly recognized for his work in competition issues in the railway industry. He has been instrumental in statutory reform in the transportation sector, has taught competition and antitrust law at Allard Hall School of Law at the University of British Columbia since 2006, transportation regulation in the MBA program at the Sauder School of Business at the University of British Columbia and is a frequent speaker in both transportation law and competition law.

Representative Matters

Competition Matters (Publicly disclosed matters only)

  • Acted for Paper Excellence in respect of competition and insolvency matters in their acquisition of Catalyst Paper Corporation
  • Aurizon Mines (precious metals) in hostile takeover bid by Northgate Minerals (approx. $400 million)
  • Aurora Cannabis in acquisition of MedReleaf ($3.2 billion)
  • Aurora Cannabis in acquisition of CanniMed ($1.2 billion)
  • Aurora Cannabis in acquisition of Alcanna/Liquor Stores ($103 million)
  • Ballard Power Systems (fuel cells) in strategic alliance with Daimler Benz AG (approx. $600 million)
  • Ballard Power Systems (fuel cells) in formation of strategic alliance with DaimlerChrysler AG and Ford Motor Company ($861 million)
  • Ballard Power Systems (fuel cells) in acquisition of XCELLSIS Gmbh and Ecostar Electric Drive Systems from DaimlerChrysler AG and Ford Motor Company
  • Burcon International in acquisition of certain assets of Concord Pacific (former Expo lands)
  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber in dealings with the Competition Bureau in sale of operations of British Columbia Railway to Canadian National Railway Company ($1.02 billion)
  • Crestbrook Forest Industries, MC Forest Investment and Kanzaki Paper in disposition of respective interests in Alberta Pacific pulp mill (amount not disclosed)
  • Crown Packaging (paper packaging) in sale of Canadian divisions to Norampac, Paperboard Industries and Allpak Holdings ($174 million)
  • FreshPoint in merger of food service business (Pacific Produce) with Sysco Corporation (amount not disclosed)
  • Glamis Gold in hostile take-over bid for Goldcorp ($4.3 billion)
  • Glamis Gold in the acquisition of Western Silver ($1.2 billion)
  • Glamis Gold in plan of arrangement with Goldcorp (US$21.3 billion combination)
  • Great Canadian Gaming and Brookfield Business Partners in acquisition of Ontario Lottery & Gaming GTA Bundle ($170 million)
  • Great Canadian Gaming and Clairvest Equity Partners in acquisition of Ontario Lottery & Gaming West GTA Bundle ($134 million)
  • Great Canadian Gaming in acquisition of Ontario Lottery & Gaming East Bundle ($51.3 million)
  • Great Canadian Gaming in acquisition of Flamboro Downs from Magna Entertainment (C$50 million, plus US$23.6 million, plus debt)
  • Great Canadian Gaming in acquisition of Casino Nova Scotia from Caesars Entertainment (US$70 million)
  • IGI Resources (natural gas distribution) in sale to Amoco Energy (amount not disclosed)
  • Leavitt Machinery in acquisition of Interior Lift Truck from Finning ($63 million)
  • Paper Excellence (pulp mills) in acquisition of Catalyst Paper Corporation (amount undisclosed)
  • Primary Metals Inc. (tungsten) in sale to Sojitz Corporation of Japan (C$49 million)
  • Revelstoke Home Centres (retail home improvement) in acquisition of Lumberland Building Materials (amount not disclosed)
  • Revy Home Centres (retail home improvement) in acquisition of Lansing Buildall (amount not disclosed)
  • Revy Home Centres (retail home improvement) in sale of certain assets to RONA Inc. ($221 million)
  • Sierra Systems Group Inc. (information technology) sale to Golden Gate Capital ($93 million)
  • Teck Cominco (diversified mining) in unsolicited takeover bid for Inco Limited (nickel) (C$16.8 billion)
  • Teck Cominco (diversified mining) in acquisition of Aur Resources Inc. (precious metals) (C$4.1 billion)
  • VersaCold Corporation (public refrigerated warehousing) in acquisition of QF Distribution (amount not disclosed)
  • VersaCold Corporation (public refrigerated warehousing) in acquisition of Trans-Canada Freezers ($110 million)
  • Waterous Energy Fund  (oil & gas) in acquisition of Northern Blizzard Resources Inc. ($244 million)
  • West Fraser Mills (integrated forest products) in acquisition of Chasm Division of Ainsworth Lumber ($22 million)
  • West Fraser Mills (integrated forest products) in acquisition of interest of Daishowa Paper interest in Quesnel River Pulp Company (amount undisclosed)
  • West Fraser Mills (integrated forest products) in acquisition of certain assets of Zeidler Forest Products (Alberta Plywood)
  • West Fraser Mills (integrated forest products) in sale of Babine and Decker Lake sawmills to Hampton Lumber (amount undisclosed)
  • West Fraser Mills (integrated forest products) in the acquisition of timber tenures from Weyerhaeuser Company Limited (amount undisclosed)
  • West Fraser Timber in connection with swap of timber tenures with Canfor Corporation (amount undisclosed)
  • West Fraser Timber (integrated forest products) in acquisition of Weldwood of Canada from International Paper Company (integrated forest products) ($1.26 billion)
  • West Fraser Timber (integrated forest products) in acquisition of the forest products division of Alberta Energy (amount undisclosed)
  • West Fraser Timber (integrated forest products) in acquisition of Eagle Hardware (retail home improvement)
  • West Fraser Timber (integrated forest products) in acquisition of interest of Enso-Gutzeit Oy in Eurocan Pulp and Paper (amount undisclosed)

Transportation Matters (publicly disclosed)

  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company, 2003-2004)
  • Canadian National Railway Company and Burlington Northern Santa Fe Railway Company v. Normerica Inc. (Federal Court, demurrage claims and service counterclaims, 2006)
  • Canadian National Railway Company v. Western Canadian Coal Corp. (Final offer arbitration and application for judicial review, contesting operability of final offer arbitration provisions of Canada Transportation Act, 2004-2005)
  • Canadian Pacific Railway Company v. Teck Coal Limited (defence of CP's application for leave to appeal decision of Canadian Transportation Agency to refer matter to final offer arbitration; application denied, 2009)
  • Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
  • Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company
  • Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
  • Elk Valley Coal Partnership et al. v. Canadian Pacific Railway Company (final offer arbitration and related proceedings, 2004)
  • Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
  • Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
  • Mining Association of Canada, before the Standing Committee on Transport, Infrastructure and Communities in connection with Bill C-52 (Service Level Agreements) (2013)
  • Normerica Inc. v. Canadian National Railway Company and The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, level of service complaint, 2006)
  • Seaspan International v. The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, abandonment opposition, 2005)
  • Teck Corporation, Weldwood of Canada, West Fraser Timber (before the Canada Transportation Act Review Panel, Transport Canada, 2000)
  • Teck Coal Limited v Canadian Pacific Railway Company, final offer arbitration (May and June 2009)
  • Teck Resources Limited, before the Canadian Transportation Agency in connection with its Consultation on Amendments to the Uniform Classification of Accounts (2013) and its Cost of Capital Review (2010)
  • Teck Resources Limited, before the Federal Rail Freight Service Review, Transport Canada (2008-2013)
  • Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Capital Structure and Cost of Capital Methodology (2016)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Western Canadian Shippers Coalition, before the Canadian Transportation Agency in connection with its Consultation on the Agency Regulatory Costing Model (2017)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers Coalition before the Canadian Transportation Agency in connection with its Consultation on the Regulatory Modernization Initiative (2018)
  • Teck Resources Limited, 10-year handling agreement with Ridley Terminals Inc. (2011)
  • Teck Resources Limited, agreement with Westshore Terminals Limited (2010) and extension (2012)
  • Teck Resources Limited, ten year agreement with Canadian Pacific Railway Company (2010)
  • TransLink (Greater Vancouver Transportation Authority) re application in support of City of Port Coquitlam's Coast Mountain Overpass over Canadian Pacific Railway Company's Coquitlam Yard (2006)
  • Weldwood of Canada, West Fraser Timber and Weyerhaeuser (legislative reviews of the Canada Transportation Act, 1999)
  • West Coast Express re negotiations with Canadian Pacific Railway Company (2005)Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company)
  • Numerous submissions to federal legislative review panels and parliamentary committees in connection with the Canada Transportation Act
  • (Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forest, mining, mineral and agricultural products) and passenger/commuter rail operations with Canadian National Railway, Canadian Pacific Railway, The Burlington Northern Santa Fe Railway and Union Pacific Railroad; numerous negotiations with export, domestic and international cargo terminals

Presentations

Proceedings of the Standing Senate Committee on Transport and Communications
Standing Committee on Transport, Infrastructure and Communities
Conspiracy & Bid-Rigging
Crude-by-Rail: Regulatory Developments in Canada
Transportation of Coal: A Regulatory Perspective
Running Rights and the Public Interest
Merger Review and the Competition Bureau: UPDATE
Inbound Investment Regulation
Inbound China Investment
Merger Review and the Competition Bureau
Railroad Industry - Is railroad pricing at risk?
Overcoming Regulatory Inefficiency in Rail Transportation Markets
Efficiency and Equity in for Federal Freight Rail Pricing and Service
Principles of Deregulation and the Federal Freight Railways
Les associations professionnelles : questions liées au secret professionnel et au privilège relatif aux litiges et questions éthiques
Deal or No Deal? Recent Developments in Merger Reviews
Convergence Issues in Competition Policy and Intellectual Property Laws, with Steve Szentesi (Lang Michener LLP)
The State of the Doctrine of Restraint of Trade in British Columbia with Michael Weiler (Lang Michener LLP)
Merger Review: Recent Developments
Responding to the Market Power of Railways
Final Offer Arbitration in Rail Shipper-Carrier Disputes
The Corruption of Foreign Public Officials Act (Canada): Due Diligence Issues, with the research assistance of Barbara Snyder
Final Offer Arbitration and Competition
Discussions on Due Diligence
Due Diligence Searches in Business Acquisitions
Role and Responsibility of the Corporate Solicitor
Buying and Selling a Business
Credit Risk on the Cross-border Sale of Goods into Canada
NAFTA - A Canadian Perspective
Multi-Disciplinary Legal Aspects of Cross Border Sales: A Two-Way Canadian Checklist
Cross-border Issues on the Licensing of Trade and Technology
Legal Aspects of Trade with Mexico: Imports, Exports and Licensing

Publications

Don't Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway's Operating Ratio
Regulations Implementing the Transportation Modernization Act
House of Commons Debate
Investment Canada Act Threshold Increases to $1 Billion (Cdn)
Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration
Bill C-49: Is the Line Haul Interswitching Remedy Really New?
Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
Investment Canada Act Threshold Increase - $1 Billion (Cdn)
Canadian Transportation Agency Closes Submissions on Regulatory Costing Model Consultation
Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
Canadian Transportation Agency Closes Railway Capital Structure Consultation
Competition Bureau Issues Consent Agreement Template
The Govt of Canada Extends the Fair Rail for Grain Farmers Act
Rail Level of Service Decisions and Shipper Service Requirements
Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?
Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)
Final Report: Canada Transportation Act Review
Update: Government of Canada Proposes to Change Federal Railway Liability Regime
Group Buying - A Canadian Case Study
Court of Appeal dismisses conspiracy claim against joint purchasers
The Disclosure of Rail Carrier Costing Information
Update: Liability for Rail Shipments of TIH Commodities
The Commissioner of Competition Outlines his Agenda
Apportioning Potential Liability for the Rail Transportation of Hazardous Commodities
Transportation Policy, Competition And Economic Growth
Shipper Incentives To Invest In Infrastructure And Operations
Investment in Canada's Asia-Pacific Gateway Infrastructure for Bulk v. Container Traffic
Inbound Investment Regulation in Canada
Abolish The Monopoly: Make Rail Services More Like Other Network Industries
Efficiency and Equity in the Provision of Freight Railway Service
Balancing Interests: Amendments to the Canada Transportation Act
'M' is for Merger: Recent Merger Clearance Developments in Canada
The Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
Recent and Coming Amendments to the Canada Transportation Act
CP Rail at Play in a Sea of Policy Changes
A Critique of CCR and CDR
Competition Bureau Issues Final Merger Remedies Bulletin
Hong Kong Poised to Introduce Cross Sector Competition Law
Merger Review: Recent Developments
Merger Remedies in Canada: Recent Developments
$1.8 Million Settlement in U.S. Gun-Jumping Case Highlights Importance of Reviewing Pre-Merger Coordination
Due Diligence
Competition Bureau/Korean FTC Cooperation Arrangement: Bureau Continues to Expand International Network
Shippers and Railroads: A Canadian Perspective
Gun-Jumping and Due Diligence Reducing Merger Risks
Responding to the Market Power of Federal Freight Railways
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
US Supreme Court Antitrust Cases Impact Canadian Business
Gun-Jumping and Due Diligence: Reducing Merger Risks
Mergers of Transportation Undertakings
Final Offer Arbitration and Competition
Due Diligence Deskbook
Intellectual Property: Border Measures and Comparative Issues
After NAFTA, Corporate Planning Under the FTA, and Business Acquisitions and the FTA
Basic Due Diligence
Grain Corn From the United States of America: Another Missile in the Trade Law Arsenal?
Softwood Lumber from Canada: Natural Resources and the Search for a Definition of Countervailable Domestic Subsidy

News

71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan Highlighted in both Lexpert's Top 10 Deals and Top 10 Business Decisions
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
McMillan lawyers recognized in Lexpert's Special Edition on Global Mining 2017-18
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
Chambers Global 2017 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
McMillan lawyers recognized in 2016 Chambers Global
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
Legislation to require tougher insurance for oil shipments by rail
Canadian Regulation of Cross-Border Mergers and Acquisitions in the Transportation Sector
McMillan lawyers recognized in 2015 Chambers Global
McMillan helps complete the cross-border sale of assets of Montreal, Maine & Atlantic railway
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in the 2014 Chambers Global Directory
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
McMillan hosts roundtable visit by Interim Commissioner of Competition
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
Francois Tougas discusses Peter Rozee and his nomination and recent win of the Western GC of Year in Canadian Lawyer

Education

  • University of British Columbia, LLB - 1988
  • Brigham Young University, Provo, Utah, International Relations (Department of Political Science) - 1985
  • Utah Technical College, Orem, Utah, (now Utah Valley University) - 1983

Year Of Call

  • Called to the British Columbia bar - 1989

Practices

negotiated transactions
dispute resolution
competition and antitrust
foreign investment review
mergers
government and public policy
international trade
administrative law

Industries

transportation
rail
terminals
marine

Directorships and Professional Associations

Teaching Engagements

  • Adjunct Professor, University of British Columbia, Faculty of Law, "Competition Law & Policy" (2006 – 2016) and "Topics in International Law: International Business Transactions" (1994/98)

Awards & Rankings

  • Leader in Competition/Antitrust Law in Best Lawyers in Canada 2011 to 2020
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Transportation (Road & Rail)
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Transportation (Road & Rail)
  • Leader in Competition Law in Who’s Who Legal Canada: 2019
  • Leader in Transportation - Canada in Chambers Canada 2016 to 2019
  • Leader in Transportation Law: Rail & Road in Chambers Global  2014 to 2017
  • Leader in Competition Law, The Canadian Legal LEXPERT Directory 2011 to 2017
  • Leader in Transportation (Road & Rail) Law, The Canadian Legal LEXPERT Directory 2011 to 2017
  • "AV Preeminent" Peer Review Ranking, Martindale-Hubbell 1996 to 2019

Media Mentions

vcard
* Law Corporation

François is listed in several domestic and international directories as one of the leading transportation and competition lawyers in Canada. He has been rated as AV® Preeminent™ by Martindale-Hubbell since 1996 and has been repeatedly listed in Chambers Global, Chambers Canada, LEXPERT and Best Lawyers.

He is a Band 1 rated lawyer by Chambers and Partners, who state: "François Tougas of McMillan LLP receives sterling praise for his work in the rail sector, with one interviewee hailing him as a strategic thinker who gives very good, practical advice." A contributor states “his strengths lie in his long experience in dealing with policy, regulatory and legislative issues. Most are complex in nature and he has established himself as one of the top transportation and regulatory counsel in the country."

François has written extensively on a variety of legal matters, and is particularly recognized for his work in competition issues in the railway industry. He has been instrumental in statutory reform in the transportation sector, has taught competition and antitrust law at Allard Hall School of Law at the University of British Columbia since 2006, transportation regulation in the MBA program at the Sauder School of Business at the University of British Columbia and is a frequent speaker in both transportation law and competition law.

Competition Matters (Publicly disclosed matters only)

  • Acted for Paper Excellence in respect of competition and insolvency matters in their acquisition of Catalyst Paper Corporation
  • Aurizon Mines (precious metals) in hostile takeover bid by Northgate Minerals (approx. $400 million)
  • Aurora Cannabis in acquisition of MedReleaf ($3.2 billion)
  • Aurora Cannabis in acquisition of CanniMed ($1.2 billion)
  • Aurora Cannabis in acquisition of Alcanna/Liquor Stores ($103 million)
  • Ballard Power Systems (fuel cells) in strategic alliance with Daimler Benz AG (approx. $600 million)
  • Ballard Power Systems (fuel cells) in formation of strategic alliance with DaimlerChrysler AG and Ford Motor Company ($861 million)
  • Ballard Power Systems (fuel cells) in acquisition of XCELLSIS Gmbh and Ecostar Electric Drive Systems from DaimlerChrysler AG and Ford Motor Company
  • Burcon International in acquisition of certain assets of Concord Pacific (former Expo lands)
  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber in dealings with the Competition Bureau in sale of operations of British Columbia Railway to Canadian National Railway Company ($1.02 billion)
  • Crestbrook Forest Industries, MC Forest Investment and Kanzaki Paper in disposition of respective interests in Alberta Pacific pulp mill (amount not disclosed)
  • Crown Packaging (paper packaging) in sale of Canadian divisions to Norampac, Paperboard Industries and Allpak Holdings ($174 million)
  • FreshPoint in merger of food service business (Pacific Produce) with Sysco Corporation (amount not disclosed)
  • Glamis Gold in hostile take-over bid for Goldcorp ($4.3 billion)
  • Glamis Gold in the acquisition of Western Silver ($1.2 billion)
  • Glamis Gold in plan of arrangement with Goldcorp (US$21.3 billion combination)
  • Great Canadian Gaming and Brookfield Business Partners in acquisition of Ontario Lottery & Gaming GTA Bundle ($170 million)
  • Great Canadian Gaming and Clairvest Equity Partners in acquisition of Ontario Lottery & Gaming West GTA Bundle ($134 million)
  • Great Canadian Gaming in acquisition of Ontario Lottery & Gaming East Bundle ($51.3 million)
  • Great Canadian Gaming in acquisition of Flamboro Downs from Magna Entertainment (C$50 million, plus US$23.6 million, plus debt)
  • Great Canadian Gaming in acquisition of Casino Nova Scotia from Caesars Entertainment (US$70 million)
  • IGI Resources (natural gas distribution) in sale to Amoco Energy (amount not disclosed)
  • Leavitt Machinery in acquisition of Interior Lift Truck from Finning ($63 million)
  • Paper Excellence (pulp mills) in acquisition of Catalyst Paper Corporation (amount undisclosed)
  • Primary Metals Inc. (tungsten) in sale to Sojitz Corporation of Japan (C$49 million)
  • Revelstoke Home Centres (retail home improvement) in acquisition of Lumberland Building Materials (amount not disclosed)
  • Revy Home Centres (retail home improvement) in acquisition of Lansing Buildall (amount not disclosed)
  • Revy Home Centres (retail home improvement) in sale of certain assets to RONA Inc. ($221 million)
  • Sierra Systems Group Inc. (information technology) sale to Golden Gate Capital ($93 million)
  • Teck Cominco (diversified mining) in unsolicited takeover bid for Inco Limited (nickel) (C$16.8 billion)
  • Teck Cominco (diversified mining) in acquisition of Aur Resources Inc. (precious metals) (C$4.1 billion)
  • VersaCold Corporation (public refrigerated warehousing) in acquisition of QF Distribution (amount not disclosed)
  • VersaCold Corporation (public refrigerated warehousing) in acquisition of Trans-Canada Freezers ($110 million)
  • Waterous Energy Fund  (oil & gas) in acquisition of Northern Blizzard Resources Inc. ($244 million)
  • West Fraser Mills (integrated forest products) in acquisition of Chasm Division of Ainsworth Lumber ($22 million)
  • West Fraser Mills (integrated forest products) in acquisition of interest of Daishowa Paper interest in Quesnel River Pulp Company (amount undisclosed)
  • West Fraser Mills (integrated forest products) in acquisition of certain assets of Zeidler Forest Products (Alberta Plywood)
  • West Fraser Mills (integrated forest products) in sale of Babine and Decker Lake sawmills to Hampton Lumber (amount undisclosed)
  • West Fraser Mills (integrated forest products) in the acquisition of timber tenures from Weyerhaeuser Company Limited (amount undisclosed)
  • West Fraser Timber in connection with swap of timber tenures with Canfor Corporation (amount undisclosed)
  • West Fraser Timber (integrated forest products) in acquisition of Weldwood of Canada from International Paper Company (integrated forest products) ($1.26 billion)
  • West Fraser Timber (integrated forest products) in acquisition of the forest products division of Alberta Energy (amount undisclosed)
  • West Fraser Timber (integrated forest products) in acquisition of Eagle Hardware (retail home improvement)
  • West Fraser Timber (integrated forest products) in acquisition of interest of Enso-Gutzeit Oy in Eurocan Pulp and Paper (amount undisclosed)

Transportation Matters (publicly disclosed)

  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company, 2003-2004)
  • Canadian National Railway Company and Burlington Northern Santa Fe Railway Company v. Normerica Inc. (Federal Court, demurrage claims and service counterclaims, 2006)
  • Canadian National Railway Company v. Western Canadian Coal Corp. (Final offer arbitration and application for judicial review, contesting operability of final offer arbitration provisions of Canada Transportation Act, 2004-2005)
  • Canadian Pacific Railway Company v. Teck Coal Limited (defence of CP's application for leave to appeal decision of Canadian Transportation Agency to refer matter to final offer arbitration; application denied, 2009)
  • Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
  • Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company
  • Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
  • Elk Valley Coal Partnership et al. v. Canadian Pacific Railway Company (final offer arbitration and related proceedings, 2004)
  • Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
  • Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
  • Mining Association of Canada, before the Standing Committee on Transport, Infrastructure and Communities in connection with Bill C-52 (Service Level Agreements) (2013)
  • Normerica Inc. v. Canadian National Railway Company and The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, level of service complaint, 2006)
  • Seaspan International v. The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, abandonment opposition, 2005)
  • Teck Corporation, Weldwood of Canada, West Fraser Timber (before the Canada Transportation Act Review Panel, Transport Canada, 2000)
  • Teck Coal Limited v Canadian Pacific Railway Company, final offer arbitration (May and June 2009)
  • Teck Resources Limited, before the Canadian Transportation Agency in connection with its Consultation on Amendments to the Uniform Classification of Accounts (2013) and its Cost of Capital Review (2010)
  • Teck Resources Limited, before the Federal Rail Freight Service Review, Transport Canada (2008-2013)
  • Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Capital Structure and Cost of Capital Methodology (2016)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Western Canadian Shippers Coalition, before the Canadian Transportation Agency in connection with its Consultation on the Agency Regulatory Costing Model (2017)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers Coalition before the Canadian Transportation Agency in connection with its Consultation on the Regulatory Modernization Initiative (2018)
  • Teck Resources Limited, 10-year handling agreement with Ridley Terminals Inc. (2011)
  • Teck Resources Limited, agreement with Westshore Terminals Limited (2010) and extension (2012)
  • Teck Resources Limited, ten year agreement with Canadian Pacific Railway Company (2010)
  • TransLink (Greater Vancouver Transportation Authority) re application in support of City of Port Coquitlam's Coast Mountain Overpass over Canadian Pacific Railway Company's Coquitlam Yard (2006)
  • Weldwood of Canada, West Fraser Timber and Weyerhaeuser (legislative reviews of the Canada Transportation Act, 1999)
  • West Coast Express re negotiations with Canadian Pacific Railway Company (2005)Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company)
  • Numerous submissions to federal legislative review panels and parliamentary committees in connection with the Canada Transportation Act
  • (Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forest, mining, mineral and agricultural products) and passenger/commuter rail operations with Canadian National Railway, Canadian Pacific Railway, The Burlington Northern Santa Fe Railway and Union Pacific Railroad; numerous negotiations with export, domestic and international cargo terminals

September 2016
Competition Bureau Issues Consent Agreement Template

Competition and Antitrust Bulletin

May 2016
Rail Level of Service Decisions and Shipper Service Requirements
North American Transport Challenges in an Era of Change, Proceedings of the 51st Annual Conference of the Canadian Transportation Research Forum, Toronto, Ontario
March 2016
Final Report: Canada Transportation Act Review
Transportation Bulletin
May 2015
Risk Shifting as use of Market Power: Transportation of Dangerous Goods
Another 50 Years: Where To From Here?, Proceedings of the 50th Annual Conference of the Canadian Transportation Research Forum, Montreal, Quebec
Spring 2015
Canadian Regulation of Cross-Border Mergers and Acquisitions in the Transportation Sector
American Bar Association's Transportation and Energy Industries Committee Newsletter
December 2013
Group Buying - A Canadian Case Study
The Antitrust Source
Fall 2013
Monopsony Power and the Relevance of the Sell-Side Market
Canadian Competition Law Review
June 2013
The Disclosure of Rail Carrier Costing Information
North American Competitiveness in Global Trade: The Role of Transportation, Proceedings of the 48th Annual Conference of the Canadian Transportation Research Forum, Halifax, Nova Scotia
December 2012
The Commissioner of Competition Outlines his Agenda
Competition Bulletin
June 2012
Apportioning Potential Liability for the Rail Transportation of Hazardous Commodities
Sustainable Transportation: Economic, Social and Environment Perspectives, Proceedings of the 47th Annual Conference of the Canadian Transportation Research Forum, Calgary, Alberta
May 2011
Transportation Policy, Competition And Economic Growth
Transportation and Innovation: the Roles of Governments, Industry and Academia, Proceedings of the 46th Annual Conference of the Canadian Transportation Research Forum, Gatineau, Québec
May 2011
Shipper Incentives To Invest In Infrastructure And Operations
Transportation and Innovation: the Roles of Governments, Industry and Academia, Proceedings of the 46th Annual Conference of the Canadian Transportation Research Forum, Gatineau, Québec
May 2011
Investment in Canada's Asia-Pacific Gateway Infrastructure for Bulk v. Container Traffic
Transportation and Innovation: the Roles of Governments, Industry and Academia, Proceedings of the 46th Annual Conference of the Canadian Transportation Research Forum, Gatineau, Québec
March 18, 2010
Inbound Investment Regulation in Canada
Canada 's New Competition and Investment Law, the Continuing Legal Education Society of British Columbia
June 2008
Efficiency and Equity in the Provision of Freight Railway Service
Shaking Up Canada's Transportation Systems to Meet Future Needs, Proceedings of the 43rd Annual Conference of the Canadian Transportation Research Forum
November 16, 2007
Balancing Interests: Amendments to the Canada Transportation Act
In Brief, Winter 2007/2008
October 4, 2007
'M' is for Merger: Recent Merger Clearance Developments in Canada
Lang Michener Mergers & Acquisitions Brief, Fall 2007
Fall 2007
The Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
ICSA Chartered Secretaries Canada, CGQ Corporate Governance Quarterly
July 23, 2007
Recent and Coming Amendments to the Canada Transportation Act
Lang Michener Transportation Alert
July 23, 2007
CP Rail at Play in a Sea of Policy Changes
Lang Michener Transportation Alert
June 1, 2007
A Critique of CCR and CDR
North American Networks: Gaps and Opportunities, Proceedings of the 42nd Annual Conference of the Canadian Transportation Research Forum
April 17, 2007
Competition Bureau Issues Final Merger Remedies Bulletin
Lang Michener Mergers and Acquisitions Brief, Spring 2007 and reprinted in the Commercial Times newsletter, published by CCH Canadian Limited, no. 480, July 2007
Spring 2007
Hong Kong Poised to Introduce Cross Sector Competition Law
Co-authored: S. Szentesi and James Musgrove
Lang Michener Competition Law Alert
December 1, 2006
Merger Review: Recent Developments
in Competition Law Essentials at a conference of the Continuing Legal Education Society of British Columbia, Vancouver, B.C
Fall 2006
Merger Remedies in Canada: Recent Developments
Lang Michener Mergers & Acquisitions Brief
August 2006
Due Diligence
Advising British Columbia Businesses, Continuing Legal Education Society of British Columbia
August 2006
Competition Bureau/Korean FTC Cooperation Arrangement: Bureau Continues to Expand International Network
Lang Michener Competition & Antitrust Brief, Special Edition electronic version
June 2006
Shippers and Railroads: A Canadian Perspective
Journal of Transportation Law, Logistics and Policy (originally entitled "Qualitative Aspects of Price and Output Regulation of Federal Freight Railways in Canada")
Summer 2006
Gun-Jumping and Due Diligence Reducing Merger Risks
Lang Michener Competition and Antitrust Brief, Spring 2006, (republished in Canadian Treasurer June / July 2006, Vol. 22, p.9; Lang Michener In Brief Summer 2006 and Competition Law, Federated Press; Toronto 2006, Vol. XI, No. 1 pp.727 – 728
May 2006
Responding to the Market Power of Federal Freight Railways
Competition as a driver of change: Proceedings of the 41st Annual Conference of the Canadian Transportation Research Forum
April 2006
US Supreme Court Antitrust Cases Impact Canadian Business
Competition & Antitrust Brief
Spring 2006
Gun-Jumping and Due Diligence: Reducing Merger Risks
Lang Michener Competition & Antitrust Brief and Federated Press, 2006, Vol Xi, No. 1
June 2003
Mergers of Transportation Undertakings
Lang Michener In Brief
November 2, 2000
Final Offer Arbitration and Competition
Report to the Canada Transportation Act Review Panel, Toronto, Ontario, published at the Canada Transportation Act Review
September 1, 1994
Due Diligence Deskbook
Continuing Legal Education Society of British Columbia, (originally published September 1994; 14th edition Sept 2007); winner of the 1995 International Association for Continuing Legal Education Award of Professional Excellence in Publications
June 3, 1994
Intellectual Property: Border Measures and Comparative Issues
at the 11th Annual Pacific Rim Computer Law Institute, presented by the Oregon State Bar, the OSB Computer Law Section and the Washington State Bar Association, Portland, Oregon
Winter 1993
After NAFTA, Corporate Planning Under the FTA, and Business Acquisitions and the FTA
In Brief Winter (1993/94), In Brief Spring 1992, and, In Brief Winter 1990/91
November 19, 1992
Basic Due Diligence
in Due Diligence in the Acquisition of a Business at a conference of the Continuing Legal Education Society of British Columbia, Vancouver
Fall 1989
Grain Corn From the United States of America: Another Missile in the Trade Law Arsenal?
Dickinson Journal of International Law 33
January 1989
Softwood Lumber from Canada: Natural Resources and the Search for a Definition of Countervailable Domestic Subsidy
Gonzaga Law Review 135
February 18, 2018
Proceedings of the Standing Senate Committee on Transport and Communications
Senate of Canada, Ottawa, Ontario
September 13, 2017
Standing Committee on Transport, Infrastructure and Communities
House of Commons, Ottawa, Ontario
June 4, 2015
Conspiracy & Bid-Rigging
Presentation to the Association of Consulting Engineering Companies-BC, Annual General Meeting, Vancouver, BC
November 4, 2014
Crude-by-Rail: Regulatory Developments in Canada
Presentation to Energy Bar Association, in panel presentation with Roger Nober, General Counsel, BNSF Railway, and Dr. Madgy El-Sibaie, US Dept of Transportation, chaired by Gordon Kaiser, Energy Arbitration Chambers, Washington, DC
May 7, 2014
Transportation of Coal: A Regulatory Perspective
Presentation to Coaltrans, West Coast Conference, Vancouver, BC
June 2012
Running Rights and the Public Interest
Sustainable Transportation: Economic, Social and Environmental Perspectives, Proceedings of the 47th Annual Conference of the Canadian Transportation Research Forum, Calgary, Alberta
January 20, 2010
Merger Review and the Competition Bureau: UPDATE
External Continuing Professional Development Seminar, Lang Michener LLP, Vancouver
November 25, 2009
Inbound Investment Regulation
Canadian Bar Association, BC Branch, Business Law Section, Vancouver
October 16, 2009
Inbound China Investment
China . . . what's next?, 2009 Executive Forum: Shaping Your Future, co-presented by Deloitte, Lang Michener LLP and UBC's Sauder School of Business, Vancouver
September 10, 2009
Merger Review and the Competition Bureau
Internal Continuing Professional Development Seminar, Vancouver
September 10, 2008
Railroad Industry - Is railroad pricing at risk?
RBC Capital Markets Investor Conference on Transportation, Toronto, Ontario
September 8, 2008
Overcoming Regulatory Inefficiency in Rail Transportation Markets
34th Annual Meeting and Conference of the National Coal Transportation Association, Denver, Colorado
June 4, 2008
Efficiency and Equity in for Federal Freight Rail Pricing and Service
43rd Annual Conference of the Canada Transportation Research Forum, Fredericton, New Brunswick
March 31, 2008
Principles of Deregulation and the Federal Freight Railways
Master's Class in Business Performance & Public Policy, Department of Economics, University of British Columbia, March 22, 2005, March 27, 2007 and March 31, 2008
Fall 2007
Les associations professionnelles : questions liées au secret professionnel et au privilège relatif aux litiges et questions éthiques
Conférence annuelle d'automne 2007 en droit de la concurrence/2007 Annual Fall Conference on Competition Law, Gatineau, Québec
May 10, 2007
Deal or No Deal? Recent Developments in Merger Reviews
Mapping the Terrain: an Update on Canadian Competition Law and Look at the Year Ahead, with Sheridan Scott, Commissioner of Competition (Lang Michener LLP), presented to clients of Lang Michener LLP, Toronto, Ontario
January 24, 2007
Convergence Issues in Competition Policy and Intellectual Property Laws, with Steve Szentesi (Lang Michener LLP)
Faculty of Law, University of British Columbia
January 18, 2007
The State of the Doctrine of Restraint of Trade in British Columbia with Michael Weiler (Lang Michener LLP)
presented to solicitors of Lang Michener LLP
December 1, 2006
Merger Review: Recent Developments
Competition Law Essentials at a conference of the Continuing Legal Education Society of British Columbia, Vancouver, BC
May 30, 2006
Responding to the Market Power of Railways
41st Annual Conference of the Canada Transportation Research Forum, Québec City, Québec
June 18, 2004
Final Offer Arbitration in Rail Shipper-Carrier Disputes
Canadian Industrial Traffic Association, Toronto, Ontario
November 2000
The Corruption of Foreign Public Officials Act (Canada): Due Diligence Issues, with the research assistance of Barbara Snyder
presented to the Annual General Meeting of the National Association of Certified Fraud Examiners, Vancouver Chapter
October 13, 2000
Final Offer Arbitration and Competition
Report to the Canada Transportation Act Review Panel, Toronto, Ontario
October 21, 1999
Discussions on Due Diligence
conference of the Continuing Legal Education Society of British Columbia, Vancouver
May 3, 1996
Due Diligence Searches in Business Acquisitions
Continuing Legal Education Society of British Columbia, Vancouver
September 23, 1994
Role and Responsibility of the Corporate Solicitor
Book launch for Due Diligence Deskbook (and course) at a conference of the Continuing Legal Education Society of British Columbia, Vancouver (also presented in person in Victoria, Kamloops, Penticton and Prince George, British Columbia)
June 23, 1993
Buying and Selling a Business
Professional Legal Training Course, Continuing Legal Education Society of British Columbia, Vancouver
June 11, 1993
Credit Risk on the Cross-border Sale of Goods into Canada
Meeting of the Bicycle Credit Group of the National Association of Credit Management, San Francisco, California
June 5, 1993
NAFTA - A Canadian Perspective
International Credit Conference of International Credit Association, Vancouver
March 2, 1993
Multi-Disciplinary Legal Aspects of Cross Border Sales: A Two-Way Canadian Checklist
Cross-Border Business Luncheon Series at a conference of the Continuing Legal Education Society of British Columbia, presented in cooperation with the Washington Bar Association CLE Committee, Pacific Corridor Enterprise Council and The Vancouver Board of Trade
June 1992
Cross-border Issues on the Licensing of Trade and Technology
Federal Business Development Bank, New Exporters Seminar, Vancouver and Victoria
November 1, 1991
Legal Aspects of Trade with Mexico: Imports, Exports and Licensing
Mexico: Manufacturing and Trade at a conference of the Asia Pacific Institute, Vancouver