Recent Matters

  • On Nov. 21, 2014, Fundy Tidal Inc. announced that it had closed a deal with International Marine Energy Inc., a wholly owned subsidiary of Tribute Resources Inc., forming a partnership to develop a 1.95MW tidal COMFIT project in Digby Gut, Nova Scotia. Working with Dutch-based tidal turbine producer, Tocardo International BV, it will install up to 16 T200 turbines and a floating barge platform to house them as one of three COMFIT projects Fundy is developing in Digby County. Stewart McKelvey represented Fundy with a team led by Mark Bursey.

  • On Nov. 20, ViTRAK System Inc. raised $2 million, funds that will help market and promote its pressure-sensitive floor tile system and proprietary gait analysis software in the U.S. and in Canada. Its product, StepsCan, measures weight distribution, stride and speed of movement and has applications in health research, rehabilitative medicine, simulated training for the military, sports training and biometric security. Stewart McKelvey acted for ViTRAK with a team lead by Paul Kiley.

  • On July 14, 2014, Sobeys Inc. completed a private placement offering of $300 million aggregate principal amount of floating rate senior unsecured notes due July 14, 2016. Sobeys was represented by Stewart McKelvey, with a team that included Jim Dickson, Andrew Burke, Trevor MacDonald and Adam Bata.

  • Acted for Pennecon Limited in a management-led buyout of the company's concrete division in a deal which closed on June 3, 2014. Banyan Capital Partners, a Canadian-based private equity firm, completed the buyout of the division now called Newcrete. The value of the deal is undisclosed.

  • Successfully represented the Appellants in Cyr v. Anderson, 2014 NSCA 51, where the Nova Scotia Court of Appeal re-affirmed the significant right to a civil jury trial in Nova Scotia.

  • Acted as general counsel as Cooke Aquaculture signed an agreement with Marine Harvest for the purchase of its fully owned subsidiary, Meridian Salmon Farms Limited with assets on Shetland and the Orkney Islands and on the mainland of Scotland. Closing of the transaction is expected in the second quarter.

  • On March 5, 2014, Crombie Real Estate Investment Trust completed a bought deal private placement offering of $100 million principal amount Series B Notes (senior unsecured). Stewart McKelvey acted as counsel to Crombie with a team that included Jim Dickson, Gavin Stuttard, Andrew Burke, Trevor MacDonald and Adam Bata.

  • Emera Inc. completed its public offering of 8,665,000 common shares on January 7, 2014 for proceeds of $250 million. Marc Belliveau acted on behalf of a syndicate of underwriters led by Scotiabank, CIBC, RBC Capital Markets and TD Securities Inc. and also included BMO Capital Markets, National Bank Financial Inc., Barclays Capital Canada Inc., Canaccord Genuity Corp. and Credit Suisse Securities (Canada) Inc.

  • Steve Penney represented the Canada Association of Counsel to Employers in their intervention in the Supreme Court of Canada in UFCW v. Walmart, a case considering the closure of a business and the statutory freeze provisions.

  • John Shanks and Rick Dunlop successfully confirm in SCC international organizations enjoy immunity with respect to wrongful dismissal suits launched by senior employees in Canadian courts: Amaratunga v. Northwest Atlantic Fisheries Organization (NAFO), 2013 SCC 66.

  • Represented EMC in a Final Offer Arbitration pursuant to the Ambulance Services Continuation (2013) Act.

  • Supreme Court of Nova Scotia dismisses a fire loss claim against Portage LaPrairie Mutual, finding that there was a material change in the risk.

  • Successfully represented the Employer in defending just cause termination in new Supreme Court case.

  • Emera Incorporated (TSX:EMA) completed its public offering of five million First Preferred Shares, Series E on June 10, 2013, for gross proceeds of $125 million. The syndicate of underwriters was led by RBC Capital Markets, CIBC and Scotiabank and TD Securities

  • Stewart McKelvey is representing CACE, Canada’s largest counsel of management-side labour and employment lawyers, as an intervenor in the Wal-Mart statutory freeze case scheduled to be heard by the Supreme Court of Canada in December. This case is of significant importance to employers across Canada

  • Halifax-based production company DHX Media Ltd. acquires Cookie Jar Entertainment in a $111-million dollar deal; DHX becomes world's largest independent owner of children's programming.

  • Successfully represented Design Building Solutions Ltd., Harbourstone Enhanced Care Ltd. and Anglican Diocesan Centre Corporation regarding a builder's lien wherein the claim was dismissed and an order for summary judgment was granted

  • Represented the successful party in an arbitration award in a million dollar dispute over a fibre exchange agreement

  • Successfully represented Strait Regional School Board in the dismissal of an application for judicial review of the closure of two schools.

  • Emera Inc. completed its public offering of 5,905,250 common shares on December 14, 2012, for proceeds of $201.4 million. The syndicate of underwriters was led by TD Securities Inc., CIBC, RBC Capital Markets and Scotiabank.

  • Represented Michelin in obtaining a dismissal at trial of a claim for damages in the Ontario Superior Court

  • Emera Incorporated (TSX:EMA)(TSX:EMA.PR.A) completed its public offering of ten million Cumulative Rate Reset First Preferred Shares, Series C for aggregate gross proceeds of $250 million. The offering was pursuant to an agreement with a syndicate of Canadian underwriters led by Scotiabank, RBC Capital Markets and TD Securities Inc.

  • Mountain Lake Resources Inc. (TSX-V: MOA) announces $15.1 million binding arrangement agreement and newly incorporated exploration company

  • Appearance at the Supreme Court of Canada arguing for the appellants in Annapolis County District School Board, et al. v. Johnathan Lee Marshall, represented by his Guardian, Vaughan Caldwell

  • Nova Scotia Court of Appeal dismisses appellants’ 23 grounds of appeal in Sable Mary Seismic Inc. and Matthew Kimball v. Geophysical Services Incorporated, awarding $1.7 million in damages

  • Crombie REIT completes bought deal financing and concurrent private placement for gross proceeds of approximately $120.1 million

  •  Toronto private equity firm Birch Hill Equity Partners completes purchase of Secunda Marine Services’s supply vessels from Houston company

  • Highliner Foods Incorporated completed acquisition of Icelandic Group's US and Asian operations

  • Annapolis County District School Board et al. v. Johnathan Lee Marshall, application for leave to appeal granted with appearance May 8

  • Supreme Court of Nova Scotia grants motion for summary judgment in defamation action against principal with Annapolis Valley Regional School Board (AVRSB)

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