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James A. Ferguson

Partner

(204) 957.4696 › Direct Line

(204) 957.4205 › Fax
jaf@aikins.com
Call to the Bar: 1979 (Manitoba) 1988 (British Columbia)

* services provided by J A Ferguson (2008) Law Corporation

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Listed in Best Lawyers International
James A. Ferguson

About James A. Ferguson

Areas of Practice

Experience

Summary

Partner, 1995 - present. Practises largely in the areas of corporate commercial and securities law including public offerings and exempt placements; mergers and acquisitions of corporations and assets; power utility contracts, including wind power generation contracts, joint venture and transaction structuring; corporate finance, leveraged buyouts, take-overs, cross-border transactions, amalgamations, commodities futures and options trading, corporate governance, shareholder and partnership agreements, corporate-planning advisory services; secured transactions; asset securitizations and franchising agreements.

Past Positions

Pitblado & Hoskin
Associate & Partner, 1979 - 1995.

Firm Management

  • Chair of Aikins Executive Board, 2009 - present
  • Member of Aikins Executive Board, 2002 - present
  • Co-Chair of Aikins Business Law Department, 2000 - present

Education

  • University of Manitoba, LL.B., 1978
  • University of Manitoba, Faculty of Administrative Studies (Finance), 1973 - 1975

Representative Work

 

  • Merger, acquisition and securities transactions involving national and international businesses
  • Manitoba Hydro - 138MW Power Purchase Transaction for wind generated power with Pattern Energy
  • Manitoba Hydro - Secured Loan Transaction to Pattern Energy
  • TruServ Canada Inc. - Merger transaction with RONA Inc.
  • Manitoba Hydro – 300MW RFP for wind generated power
  • Winnipeg Airport Authority - Airport Financing - Bond Offering
  • Old Dutch Foods Ltd. take-over bid for Humpty Dumpty Snack Foods Inc.
  • Demutualization of TruServ Canada Cooperative Inc.
  • New Flyer Industries Inc. - IDS Offering
  • First National Alarmcap Income Fund - Plan of Arrangement and TSX Listing
  • Management representation in acquisition of Vansco Electronics Ltd.
  • Wind Power Purchase negotiations by Manitoba Hydro
  • Acquisition of Winnipeg Hydro by Manitoba Hydro
  • Sale and capital Restructuring of New Flyer Industries Limited
  • Demutualization of the Winnipeg Commodity Exchange
  • Structuring and initial public offering for ENSIS Growth Fund Inc.
  • Privatization and initial public offering of Manitoba Telecom Services (MTS)
  • Privatization and initial public offering of United Grain Growers Limited - now Viterra
  • Sale of Centra Gas (Manitoba) to Manitoba Hydro
  • Initial public offerings, and debt and equity private placements
  • Organization and re-structuring of several provincial and national not for profit associations
  • Corporate governance review and restructuring of Federal and Provincial Crown Corporations
  • Formation and development of technology company
  • Parrish & Heimbecker Limited take-over bid for Thirdcoast Limited
  • Acquisition of Searcy Trucking Ltd. by Bison Transport
  • Acquisition of Scott’s Express Inc. and Scott’s Transportation Services Inc. by Bison Transport
  • Sale by The Whitwell Group Inc. of Hudson Cement to Holcim (Canada) Inc.
  • Sale of Dunn-Rite Food Products Ltd. to Sunrise Poultry Processors Ltd.
  • Sale of Custom Helicopters Ltd. to Exchange Income Corporation
  • Sale of equity stake of HyLife Group Holdings Ltd. to ITOCHU Corporation
  • Sale of shares of National Leasing Group Inc. held by The Megill-Stephenson Company Limited to Canadian Western Bank

Professional Activities

Presentations

  • Insight Information - June 2008 - Conference Co-Chair and paper - Negotiating and Drafting Major Business Agreements
  • Canadian Institute of Chartered Business Valuators - September 2005 - Valuation Issues and Opportunities in Mergers and Acquisition Transactions
  • Human Resource Managers Association Manitoba - October, 2004 - Emerging Issues in Canadian Corporate Governance and the Implication for Management
  • Lecturer, The Law Society of Manitoba, Bar Admission Course, 1985 - 2003
  • Lecturer, University of Manitoba, Faculty of Law, 1983 - 1993

Professional Associations


The Law Society of Manitoba

  • Bencher, 1994 - 1996
  • Co-chair, Equity Committee, 1995 - 1996
  • Discipline Committee, 1995 - 1996
  • Conflict Investigations Committee, 1994 - 1995
  • Admissions and Education Committees, 1994-1995

Canadian Bar Association/Manitoba Bar Association

  • Former Chair, Health Law Subsection
  • Former member, Bar Council

The Law Society of British Columbia
 

Professional Recognition

  • Named in Best Lawyers International for Corporate Governance, Securities, Corporate Law and Mergers and Acquisitions Law (2006 - 2014)
  • Named in Lexpert/American Lawyer Guide as one of leading 500 lawyers in Canada (2006 - 2012)
  • Named as Winnipeg's Corporate Lawyer of the Year by Best Lawyers International (2011)
  • Designated by LexisNexis/Martindale-Hubbell as having the highest rating (AV) for legal standards and legal ability in peer review ratings

Involvements and Affiliations

  • Pan Am Clinic Foundation - Chair and Director
  • St. John's-Ravenscourt School - Past Member of Board of Governors and Executive Committee
  • Foundations for Health (Joint Children’s Hospital of Winnipeg Research Foundation, Health Sciences Centre Foundation, and John Buhler Research Centre) - Co-Chair
  • Zig Zag Yacht Club - Past Commodore
  • Health Sciences Centre Foundation - Past Chairman and Honorary Director
  • Our Lady of Victory School - Trustee