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Fergus-McDonnell-Vancouver-Lawyer

Fergus McDonnell

Partner Fasken
Jurisdiction British Columbia, 2015
Language(s) English
Office(s) Vancouver
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Overview

Fergus McDonnell is a business lawyer in Fasken’s Vancouver office with a focus on infrastructure projects and construction.

Fergus advises project owners, developers and contractors through the life-cycle of capital projects, commencing with project structure, procurement, contract development and negotiation through to project execution and close-out. He works closely with owners and their project teams to develop infrastructure projects and assists with unexpected events and claims during the construction phase. Fergus’ practice also includes advice with respect to the structuring and related agreements for alternative procurement models, service delivery agreements, consulting agreements, operational procurement, environmental matters and other commercial matters.

Fergus also advises clients with respect to insolvency and restructuring processes, particularly in relation to projects that require restructuring or completion within formal insolvency proceedings. Fergus has acted for debtors, creditors, trustees, receivers and monitors related to restructurings, receiverships and bankruptcies.

Fergus acts for clients in a range of industries including mining, energy and natural resources, marine and rail transportation infrastructure, real estate development and hospitals, schools and other public infrastructure.

Achievements

Client Work

  • Vintop Development Corporation announces completion of their Ovation development and the related sale of 66 affordable housing units in the development to Provincial Rental Housing Corporation and Performing Arts Lodges (PAL) Vancouver, [Deal - Vintop Development Corporation and 813 Carnarvon Street Developments Limited Partnership], Vintop Development Corporation and 813 Carnarvon Street Developments Limited Partnership’s completion of Ovation development project adds 66 affordable housing units to the City of New Westminster
  • Grant Thornton Limited appointed as receiver of Konnect Brookside Villas Limited Partnership and Konnect Brookside Holdings Ltd., [Case - Grant Thornton, Limited], Grant Thornton appointed receiver for Konnect Brookside townhome complex on Firm Nations lands outside of Kelowna, BC.
  • Miniso initiates insolvency proceedings in respect of Canadian licensee, [Case - Miniso Brand], Miniso initiates creditor-driven Companies’ Creditors Arrangement Act proceeding against Canadian licensee and related entities.
  • Northern Star acquires Pogo gold project in Alaska, [Deal - Northern Star Resources Limited], Advised Northern Star Resources Limited in the acquisition of the Pogo gold project in Alaska from Sumitomo Mining Co., Ltd. (85% interest and the mine operator) and Sumitomo Corporation (15% interest). Fasken advised Northern Star on all aspects of this transaction, with a team led by Johanna Fi...
  • Haro & Thurlow Acquisition acquires one of the largest strata liquidations ever completed in British Columbia, [Deal - Haro & Thurlow Acquisition Corp.], Haro & Thurlow Acquisition Corp. purchased a 160 unit residential strata building, along with commercial units at the corner of Haro & Thurlow Street in Vancouver. This was one of the largest strata liquidations ever completed in British Columbia.   Fasken advised Haro & Thurlow Acquisition Cor...
  • BuildDirect successfully completes restructuring, [Case - BuildDirect.com Technologies Inc.], BuildDirect.com Technologies Inc. (BuildDirect) successfully completed a financial and capital restructuring under the Companies’ Creditors Arrangement Act. BuildDirect was granted protection from its creditors under the CCAA on October 31, 2017. On November 3, 2017, an order was granted by the ...
  • Walton International Group in largest active CCAA filing, [Deal - HSBC Bank Canada], This CCAA filing is the largest active CCAA in Alberta.
  • Trevali closes acquisition of the Rosh Pinah and Perkoa zinc mines and US$190 million credit facilities, [Deal - 0930032 B.C. Ltd.], Trevali Mining Corporation (“Trevali”) completed the acquisition of a portfolio of zinc assets from Glencore PLC, and certain of its subsidiaries, including an 80% interest in the Rosh Pinah mine in Namibia, a 90% interest in the Perkoa mine in Burkina Faso, an effective 39% interest in the Gerga...
  • ITB Marine Group Ltd. v. Northern Transportation Company Limited, 2017 BCSC 2007, [Case - ITB Marine Group Ltd], This is one of only a few cases, and the only case in BC, where a Court has considered a priority dispute between a secured creditor and the administrator of a pension plan in the context of insolvency proceedings. Specifically, the Court had to consider interplay among the rights of secured creditors, the deemed trust provisions of the Canada Pension Benefits Standards Act (the “PBSA”) and the provisions of both the Companies’ Creditors Arrangement Act (the “CCAA”) and the Bankruptcy and Insolvency Act (the “BIA”). This case is now the leading authority on the matter in BC and one of the leading authorities on the matter in Canada.

Career & Education

Education

  • JD University of British Columbia
  • BA, Economics and Asia Pacific Studies University of Victoria

Knowledge

Events

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