Food and Agribusiness
MLT Aikins practises at the heart of Western Canadian agriculture. As one of the pioneers in the field of agribusiness, we have been actively involved in hundreds of projects in the agriculture and agri-food industry. The firm is listed among Chambers Canada’s top five ranked firms in agribusiness in Canada.
- Canadian counsel to a U.S. headquartered agribusiness on its acquisition of a Canadian retail fertilizer business and related assets for approximately $20 million (2014).
- Counsel to producer-owned inland grain terminals in Western Canada for many years on matters including mergers and acquisitions, corporate/commercial, securities, financing and regulatory affairs, and many innovative arrangements such as grain condominiums.
- Counsel to producer of horticultural products in a product liability suit and an action to enforce rights under a surface lease for the cultivation and harvesting of peat moss.
- Counsel to numerous ag-biotech and crop input businesses regarding a wide range of matters, including intellectual property, regulatory, licensing, technology commercialization, and retailing/distribution issues.
- Hoffman et al. v. Monsanto Canada Inc. and Bayer CropScience Inc., 2007 SKCA 47. Successfully opposing certification of a class action arising from the introduction of genetically modified canola.
- Counsel on Saskferco Products LLC $1.6 billion sale to Yara International ASA (named the 2008 Canadian Inbound Acquisition of the Year by Lexpert Magazine).
- Lead Counsel to Canadian Wheat Board for $500 million Commercialization and sale of Canadian Wheat Board to Bunge Canada and SALIC Canada Limited.
- Lead Counsel to Hemp Oil Canada Inc. for $40 million sale to Manitoba Harvest.
- Counsel to United Grain Growers Limited (now Viterra Inc.) regarding its privatization and initial public offering.
- Counsel to HyLife Group Holdings Ltd. regarding its sale of an equity stake to Japanese conglomerate ITOCHU Corporation.
- Counsel to Fresh Hemp Foods Ltd. regarding its sale to Compass Diversified Holdings (through its subsidiary, Compass Group Diversified Holdings LLC).
We have extensive experience with legal issues related to all facets of agriculture, including:
Mergers, acquisitions and corporate finance
- advising on acquisitions and mergers
- raising capital for expansion
- securing strategic alliances and structuring joint venture arrangements
Product research and development
- research and material transfer agreements
- testing and evaluation agreements
- research funding arrangements and contribution agreements
- management of plant breeders’ rights and variety registrations
- advice regarding governmental regulations and guidelines, such as those administered by the PMRA, AAFC, CFIA and Health Canada
Commercialization and marketing of agricultural products
- licensing and cross-licensing agreements
- distribution and retailing agreements
- manufacturing and production agreements
- supply agreements
Grain handling and distribution
- unique grain marketing agreements and grain condominiums
- storage and handling arrangements
- identity preservation systems
Working with agricultural product marketing boards and producer groups
Our lawyers have worked closely with co-operatives, grain companies, chemical companies, fertilizer manufacturers and distributors, ag-biotech companies, plant breeders and research organizations, feedlots, livestock operations, ethanol plants, food processing facilities and other agribusiness organizations to devise innovative business structures, secure funding and financing, structure unique collaborative arrangements, assist with project procurement and construction, and address regulatory and taxation issues.
We have assisted both domestic and foreign agribusinesses to identify and develop value-added business opportunities and expand into new agricultural markets.