Agribusiness, food and beverage

As a Calgary-grown firm, agriculture is in our DNA. Clients in this sector have worked with us for decades because we understand the challenges and opportunities in this sector.

Our clients are as diverse as their business ventures. From food and beverage, farming, agri-finance, crop science, smart farming, cannabis or ag-tech, we have the skills to help your business succeed.

We are partners to our clients, not just legal advisors. We look beyond the transaction or case to provide strategic guidance that helps meet your business goals.

What we do

We can help you with:

Setting up your business
Raising capital and financings
Protecting your IP
Commercial agreements
Mergers and acquisitions
Tax issues
Employment and labour
Occupational, health and safety
Agricultural restructurings and enforcements
Dispute resolution
Succession planning and estate litigation

What clients have to say

“The lawyers we work with are practical and always find the most effective solutions. It’s obvious they really care about their clients." – Chambers Canada 2022

Practice areas

Representative work

Certification of national class action

Successfully obtained certification in British Columbia of a national class action against manufacturers of natural health supplements and Court approval of a settlement against another manufacturer. (Krishnan v Jamieson Laboratories Inc., 2021 BCSC 1396, 2921 BCSC 1425, 2021 BCSC 2127, 2023 BCCA 72, leave to appeal to SCC denied).

Ag Growth International Inc.'s $104 million public offering

Counsel to Ag Growth International Inc. for its public offering of convertible unsecured subordinated debentures by short form prospectus for total gross proceeds of $104 million.

Decibel Cannabis Company Inc. – Credit Facilities

Counsel to Decibel Cannabis Company Inc. and its subsidiaries in connection with credit facilities provided by Connect First Credit Union Ltd. and subsequent upsize and refinancing thereof (2020, 2021, 2022)

AgJunction Inc. sale to Kubota Canada Ltd.

Counsel to AgJuncation in its $91 million sale to Kubota Canada Ltd., a subsidiary of Kubota Corporation of Japan, by way of a Plan of Arrangement

Ag Growth International Inc.'s $115 million public offering

Counsel to Ag Growth International Inc. in its $115 million public offering of 1,874,500 common shares.

Scoular Company's sale of its edible bean business for US $25 million

Canadian counsel to the Scoular Company, a large, privately-owned US agricultural commodities trading company, in the sale of its edible bean business, which included processing plants in St. Hilaire, Minnesota, U.S.; Plum Coulee and Morden, Manitoba; and receiving stations in Garske and Grafton, North Dakota, U.S., to Cooperative Elevator Co., for approximately US $25 million.

Decibel Cannabis Company Inc.'s $30 million credit facilities

Counsel to Decibel Cannabis Company Inc. and its subsidiaries in connection with up to $30 million in aggregate credit facilities provided by lender Connect First Credit Union Ltd.

Decibel Cannabis Company Inc.'s consolidated credit facilities

Counsel to Decibel Cannabis Company Inc. and its subsidiaries in connection with consolidated credit facilities from lender ATB Financial.

Ag Growth International Inc.'s $86 million financing

Counsel to Ag Growth International Inc. in its public offering of $86 million senior subordinated unsecured debentures with an interest rate of 5.25% per annum maturing on December 31, 2024.

Represented the Alberta Small Brewers Association before the Supreme Court of Canada

Intervenor counsel to the Alberta Small Brewers Association in a case that considered the constitutionality of interprovincial restrictions on trade in beer. (R. v. Comeau, 2018 SCC 15)

Liquor Stores N.A. Ltd.'s proxy contest defense

Counsel to Liquor Stores in the defense of a proxy contest initiated by a dissident institutional shareholder to gain control of Liquor Stores' board of directors. BD&P’s work included the successful defense of Liquor Stores' soliciting dealer fee arrangement before a hearing of the Alberta Securities Commission.

The Scoular Company asset acquisition from Legumex Walker Inc.

Counsel to The Scoular Company in connection with the $94 million acquisition of the assets of the Special Crops Division of Legumex Walker Inc.

AgJunction Inc. merger with Novariant Inc.

Counsel to AgJunction Inc. regarding its merger with Novariant Inc. pursuant to a plan of merger under the laws of the State of California.

Ag Growth International Inc.'s $221 million acquisition

Counsel to Ag Growth International Inc. in the $221 million acquisition of the Westeel division of Vicwest Inc.

Sale of Decisive Farming Corp.

Counsel to Decisive Farming Corp in the acquisition by TELUS Agriculture Solutions Inc.

Decisive Farming Corp.'s private placement of preferred shares

Counsel to Decisive Farming Corp. regarding the private placement of Class B, Series 1 preferred shares.

Decisive Farming Corp.'s private placement of notes

Counsel to Decisive Farming Corp. regarding the private placement of 10.00% unsecured convertible redeemable notes

Commercial agreements for Annex Ale Project

Counsel to Annex Ale Project with respect to advising on various corporate matters and commercial agreements.

Occupational health and safety advice for an agriculture retailer

Counsel to a retail supplier of agricultural products and services with respect to advice regarding their process safety management and potential liabilities under various regulations.

Contract review for a livestock association

Counsel to a livestock association with respect to various contractual review matters.

Advising Purpose Farms in a lease dispute

Counsel to a corporation that operated a feedlot and farm in Carnduff, Saskatchewan. He successfully obtained a Court Order declaring that his client was entitled to quiet enjoyment of the feedlot pursuant to a lease, and directing the Respondent to forthwith give up possession of the feedlot, and to allow his client free and unimpeded access to it. (Purpose Farms Inc. v. Bar JB Ranch et al, 2017 QBG 2693)

Advising a farmer on a joint venture agreement

Counsel to a farmer who successfully obtained a declaration that a joint venture agreement relating to the development of lands located near Langdon, Alberta was invalid, unconscionable, and had been terminated by the parties. The land developer unsuccessfully counterclaimed seeking approximately $50,000,000 in damages. (Mikkelsen v. Truman Development Corporation, 2016 ABQB 23 and 2017 ABCA 99)

MEG Energy Corp.'s acquisition of an oil feedstock transportation terminal

Counsel to MEG Energy Corp. in connection with its acquisition of a partially constructed crude oil feedstock transportation terminal and other related assets.