Alexander Rose

Alexander D. Rose Partner

Representative Work
  • Canada Pension Plan Investment Board in proceedings involving the three shareholders of 407 International Inc. and the exercise by CPPIB of its right of first refusal to acquire 10.1% of 407 from SNC-Lavalin for over C$3 billion.
  • Re Sirius XM Canada Holdings Inc. – represented the company in a contested going-private transaction, including in seeking court approval of a plan of arrangement and responding to complaints to, and inquiry by, Staff of the Ontario Securities Commission.
  • Re Baffinland Iron Mines Corporation – acted for Baffinland in responding to an application to cease trade a rights plan and subsequent application to approve a contested plan of arrangement; acted as counsel for certain former directors in respect of the related proceedings before the Ontario Securities Commission; and acts for the former directors of Baffinland in a proceeding under the Class Proceedings Act.
  • Lloyds Bank Commercial Finance Limited v. Air Canada and Re Aero Inventory (UK) Limited – acted for Air Canada in respect of a claim for more than $100M brought by Lloyds for breach of an intercreditor agreement.
  • Re Peter Beck, Swift Trade Inc., et al. – acted for the respondents in a proceeding brought before the Ontario Securities Commission relating to high-volume day trading.
  • Mason v. Augen Capital Corp. – acted for the company in responding to an application to overturn the disputed result of a shareholders’ meeting.
  • Re Patheon Inc. – acted for JLL Patheon Holdings, LLC in respect of an application before the Ontario Securities Commission relating to its offer for restricted voting shares of Patheon Inc.
  • Jameson Investment Corp. v. Jameson Bank – acted for the Applicants in seeking court direction in respect of the conduct of a shareholders’ meeting for a chartered bank.
  • Gold Reserve Inc. v. Rusoro Mining Ltd. – acted for Endeavour Financial International Corporation in resisting an injunction to prevent a “hostile” takeover bid from proceeding.
  • Jameson Investment Corp. v. Jameson Bank – acted for Jameson Bank in an application for a special meeting of shareholders under the Bank Act.
  • Wells v. Melnyk – acted for Eugene Melnyk and EM Holdings B.V. in responding to an application to validate the election at a meeting of shareholders of Biovail Corporation.
  • R. v. Rankin – acted for RBC Dominion Securities with respect to the investigation and subsequent proceedings against Andrew Rankin under ss. 76(1) and (2) of the Securities Act (tipping and insider trading).
  • A Canadian healthcare company in an arbitration over an alleged breach of an asset purchase agreement and in a series of related proceedings across Canada.
  • A publicly traded company in the United Kingdom in an arbitration with a Canadian investment dealer over fees for investment banking services.
  • Meridian Gold Holdings II Cayman Ltd. et al. v. Southwestern Gold (Bermuda) Ltd. et al. – acted for Southwestern in an arbitration and subsequent appeal relating to a right of first offer in a joint venture agreement.
  • Brar v. Zellers Inc. – acted for Zellers in resisting an injunction brought by a number of pharmacists to restrain Zellers from disposing of pharmacy records.
  • Longyear Canada v. 897173 Ontario Inc. – acted for Sandvik Canada in resisting an injunction to stop an acquisition.
  • Hurst v. Societe Nationale de L’Amiante (asbestos litigation) – acted for General Dynamics in a motion to stay or dismiss the action.
  • Re Allied Systems Holdings, Inc. – acted as Canadian counsel to the unsecured creditors’ committee in proceedings under the Companies’ Creditors Arrangement Act.
  • Re Ivaco – acted for Ernst & Young Inc., in its capacity as court-appointed Monitor, in Ivaco’s proceedings under the Companies’ Creditors Arrangement Act, including in its working capital dispute with The Heico Companies LLC.
  • Re Smurfit-Stone Container Canada – acted for Smurfit-Stone and its affiliates in proceedings under the Companies’ Creditors Arrangement Act.
  • Re Nortel – acted for Genband U.S. LLC in relation to the acquisition of Nortel’s Carrier Voice Over IP and Application Solutions business.
  • Re Air Canada – acted for Air Canada in proceedings under the Companies’ Creditors Arrangement Act.