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Bradley Freelan Toronto Lawyer

Bradley A. Freelan

Partner Fasken
The best way to defend against an activist is to avoid becoming a target in the first place.
Jurisdiction Ontario, 2006
Language(s) English
Office(s) Toronto
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Overview

Brad’s practice is focused on mergers and acquisitions, shareholder activism, corporate governance and capital markets. Brad is known for his practical, results-oriented approach, which is why clients rely on him for strategic advice.

Brad represents domestic and foreign companies in connection with merger and acquisition transactions across a wide range of industries with a particular emphasis on mining. Brad has significant experience with contested situations, including hostile takeover bids and topping bids, and advising special committees of boards of directors. Brad also regularly acts for target companies and activist investors in connection with shareholder activism and proxy contests.

Brad has played a leading role in a number of high-profile transactions, including:

Mergers & Acquisitions

  • Gold Fields' proposed acquisition of Yamana Gold for US$6.7 billion
  • Kirkland Lake’s $24 billion merger of equals with Agnico Eagle
  • Aphria’s $5 billion business combination with Tilray
  • Aphria’s hostile takeover bid defence against Green Growth Brands
  • First Quantum’s $5.1 billion hostile takeover of Inmet Mining

Shareholder Activism

  • TCI Fund’s proxy contest against Canadian National Railway
  • Canadian Pacific Railway’s proxy contest defence against Pershing Square

Brad also acts for issuers and investment dealers in connection with public and private offerings of securities, including in connection with initial public offerings and other going public transactions.

Brad is widely recognized as a leading M&A and capital markets lawyer, including by Best Lawyers, Lexpert and IFLR1000. Co-author of several empirical studies on hostile bids and proxy contests, Brad’s insights have earned widespread media coverage, including being featured on the Business News Network and Bloomberg TV Canada and in The Globe and Mail and The Financial Post.

Achievements

Client Work

  • IAMGOLD Corporation completes C$31 million acquisition of Vanstar Mining Resources Inc., [Deal - IAMGOLD Corporation], Canadian-based intermediate gold producer and developer acquires gold exploration company.
  • Rock Tech Lithium Inc. closes a C$5.8 million private placement, [Deal - Rock Tech Lithium Inc.], Canadian lithium development company completes private placement deal
  • SCP Resource Finance LP leads C$13 million bought deal private placement offering for Nighthawk Gold Corp., [Deal - SCP Resource Finance LP], Canadian independent mining broker dealer leads bought deal private placement.
  • New Gold Inc. completes non-brokered private placement, [Deal - New Gold Inc.], Intermediate Canadian gold mining company completes private placement of flow-through common shares.
  • SCR-Sibelco NV announces strategic joint venture with Avalon Advanced Materials Inc., [Deal - SCR-Sibelco NV], Belgian based global material solution company completes a joint venture agreement to develop Ontario lithium mining operations.
  • National Bank Financial Inc. leads bought deal private placement offering for Nighthawk Gold Corp., [Deal - National Bank Financial Inc.], Schedule I Canadian bank leads bought deal private placement in the mining industry.
  • SCR-Sibelco NV completes a C$13 million investment, [Deal - SCR-Sibelco NV], Belgian based global material solution company completes an investment financing.
  • Silver Tiger Metals Inc. completes C$18 million bought deal offering, [Deal - Silver Tiger Metals Inc.], Mineral exploration company engaged in exploring for gold and silver completes bought deal offering of common shares
  • Syndicate of Agents led by Sprott Capital Partners LP and CIBC Capital Markets completes US$65 million convertible debenture private placement for i-80 Gold Corp., [Deal - Sprott Capital Partners LP and CIBC Capital Markets], Nevada-focused mining company closes upsized “best efforts” private placement offering of up to US$65 million principal amount of secured convertible debentures

Career & Education

Education

  • Chartered Financial Analyst Program, Completed Level III
  • JD University of Toronto
  • MBA University of Toronto
  • B Comm McGill University

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association

Knowledge

Events

News

Publications

Speaking Engagements

  • Lawyers’ Duties in an Age of Shareholder Activism, 5/2/2019
  • Responding to an Activist Shareholder: The Playbook, 1/26/2016
  • Proxy Contests and Hostile Take-Over Bids in Canada: A Look at the Facts, 10/6/2015

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