David Shaw
Partner | Toronto
Toronto: 416-863-4196

David's practice focuses on mergers and acquisitions, franchising and distribution arrangements, international and domestic joint ventures and reorganizations. His experience includes structuring and negotiating various complex commercial agreements, including share purchase, asset purchase, shareholder, partnership, joint venture, franchising, distribution, licensing, outsourcing, and service. He also provides legal advice relating to day-to-day commercial matters for public and private corporate clients.

David has co-ordinated a wide range of post-closing regulatory matters, as well as post-acquisition restructuring and rationalization to help clients effectively integrate recently acquired businesses.

He also regularly advises clients in a wide range of industries on franchise and distribution law matters, including the negotiation and preparation of master franchise agreements, area development agreements, single-unit franchise agreements, disclosure documents and related documentation, as well as advising and assisting clients with respect to system rebranding, regulatory compliance, franchise acquisitions and divestitures, and terminations.

SELECT EXPERIENCE

David has advised:

  • Sistema Educacional Brasileiro on its acquisition of South American master franchise rights for the Maple Bear Schools system

  • Belron on its acquisition of the Speedy Collision franchise system

  • Imperial Oil on its sale of 497 Esso-branded retail gas stations to five fuel distributors for total proceeds of approximately C$2.8-billion

  • Arby’s Restaurant Group with respect to compliance with Canadian franchise legislation, supply chain management, implementation of a Canadian gift card program and menu-labelling requirements

  • The UPS Store, Inc. on the renegotiations and renewal of its Canadian master franchise arrangements

  • Fred Deeley Imports on the sale of its motorcycle distribution business to Harley Davidson

  • MidOcean Partners on its acquisition and sale of Noranco

  • Birch Hill Equity Partners on its acquisition of the MEDIchair franchise system

  • Driven Brands on its acquisition of the Carstar franchise system

  • Ericsson Canada in connection with its acquisitions of BelAir Networks, ConceptWave Software, Telcocell and TimelessMIND

  • Belron, owners of the Apple Auto Glass® and Speedy Glass® franchise systems, and other franchised businesses in Canada and internationally, in relation to the positioning of franchise systems and franchise locations, regulatory compliance and the preparation of franchise documentation

  • Rockstar Bidco, a consortium of technology companies including, and Ericsson on the US$4.5-billion purchase at auction of Nortel Networks' portfolio of over 6,000 patents

  • Ericsson on its US$1.13-billion acquisition of Nortel's CDMA and LTE businesses, its US$70-million acquisition of Nortel's North American GSM business, and in its US$65-million acquisition of Nortel's multi-service switch (Passport) business

  • Major League Soccer in connection with its Vancouver and Montréal expansion

  • Global Banking Corporation on its proposed acquisition of an 11 per cent stake in S Tel, India, a joint venture telecom company established between Batelco (Bahrain) and the Siva Group (India)

  • Infor Global Solutions in connection with its acquisition of Workbrain Corporation through a plan of arrangement

  • Labatt Brewing in connection with its acquisition of Lakeport Brewing Income Fund through a public take-over bid

  • Vivendi Holdings in connection with the acquisition from public shareholders of all remaining exchangeable shares of Vivendi Exchangeco

  • Akzo Nobel in connection with its acquisition of Sico through a public take-over bid

  • Geac Computer in connection with the plan of arrangement pursuant to which it was acquired by Golden Gate

AWARDS & RECOGNITION

David is recognized as a leading Canadian franchise lawyer in the following the publications:

  • The Best Lawyers in Canada - 2013-2018

  • Chambers Canada: Canada’s Leading Lawyers for Business - 2016-2018

  • Who’s Who Legal (Franchsing) - 2015-2017

  • The Canadian Legal Lexpert Directory - 2014-2017

PUBLICATIONS
Show Past:
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
Author: And Then There Were Six: British Columbia’s Franchise Legislation Came into Effect on February 1, 2017
Section Insider, Franchise Law, Ontario Bar Association, February 6, 2017.
Co-author: Structuring an Expansion to Canada
Fundamentals of Franchising Canada, Second Edition, Ch. 1, Forum on Franchising, American Bar Association, 2017.
Blakes Bulletin on Franchising, February 9, 2017.
Co-author: The Commercial Laws of Canada
Digest of the Commercial Laws of the World, Vol. 2, Ch. 8, pp. 1-194, Thomson Reuters, February 2017.
Co-author and Editor: The Commercial Laws of Canada
Digest of the Commercial Laws of the World, Vol. 2, Ch. 8, pp. 1-194, Thomson Reuters, February 2017.
Blakes Bulletin on Franchising, October 12, 2016.
Co-author: Counting Calories: Calorie Disclosure Requirements Coming to Ontario Restaurant Menus in 2017
Section Insider, Franchise Law, Ontario Bar Association, October 11, 2016.
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
PROFESSIONAL APPEARANCES
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
Roundtable Facilitator: Assessing Materiality for Disclosure Purposes
Ontario Bar Association 17th Annual Franchise Law Conference, Toronto, Ontario, November 16, 2017.
Co-presenter: Best Practices for Preparing and Disclosing Earnings Projections and Estimates of Operating Costs
Canadian Franchise Association Law Day, Canadian Franchise Association, Toronto, Ontario, September 26, 2017.
Co-chair: The Fundamentals of Franchise Law in Ontario
Ontario Bar Association Institute, Toronto, Ontario, February 8, 2017.
Co-presenter: Franchise Legislation Comes into Force in British Columbia on February 1 – Are You Ready?
Webinar, Canadian Franchise Association, Toronto, Ontario, December 14, 2016.
Roundtable Facilitator: Determining Materiality for Disclosure Purposes
Ontario Bar Association 16th Annual Franchise Law Conference, Toronto, Ontario, November 17, 2016.
Co-presenter: Annual Legal and Legislative Update
Ontario Bar Association 15th Annual Franchise Law Conference, Toronto, Ontario, November 17, 2015.
Presenter: Joint Venture and Strategic Alliance Agreements
21st Negotiating and Drafting Major Business Agreements Conference, Federated Press, Toronto, Ontario, October 7-8, 2015.
Co-chair: Partnerships, Limited Partnerships and Joint Ventures
2nd Partnerships, Limited Partnerships and Joint Ventures Course, Federated Press, Toronto, Ontario, June 4 & 5, 2015.
Co-presenter: Determining the Structure to Achieve Business Goals
Managing Strategic Alliances Course, Federated Press, Toronto, Ontario, April 21 & 22, 2015.
Presenter: Wishart 101: The Fundamentals of Ontario Franchise Law – An Introduction to the Arthur Wishart Act
Ontario Bar Association Institute 2015, Toronto, Ontario, February 5, 2015.
Roundtable Facilitator: The Cora Decision and Its Implication for General Releases
Canadian Franchise Association, Canadian Franchise Association Law Day 2015, Toronto, Ontario, January 29, 2015.
Page: 1 of 1       1        Items per page: 25 | 50 | ALL