199 Bay St, Suite 5300, Commerce Court West, Toronto, ON
Year called to bar: 1996 (ON)
Eliot Kolers is the head of the litigation and dispute resolution group and a member of the management committee and diversity, equity, and inclusion committee in the Toronto office. Kolers is recognized by his peers as a leading litigator with vast expertise in the areas of corporate commercial litigation, class actions, securities litigation, and competition litigation matters. He has represented clients in numerous complex and high-profile commercial cases involving oppression remedies, proxy contests, takeover bids, shareholder disputes, plans of arrangement, and corporate governance matters, as well as expedited litigation matters in relation to contested corporate transactions. Kolers has defended numerous class actions involving competition law, securities, and privacy issues. He also represents clients in commercial arbitrations and frequently works closely with counsel from various US and international jurisdictions. Kolers regularly appears before the Commercial List of the Ontario Superior Court of Justice and all levels of Ontario’s courts, and has appeared in other provincial appellate courts, the Federal Court of Appeal, and the Supreme Court of Canada.
Canadian courts delivered several hard-hitting decisions affecting Canadian businesses in 2019 and 2020, including the long-awaited release of the Supreme Court of Canada’s administrative law trilogy
On November 30, 2018, Essar Steel Algoma Inc. (“ESAI”) concluded its comprehensive restructuring under the Companies’ Creditors Arrangement Act by way of the sale of substantially all of its assets to Algoma Steel Inc. (“ASI”).
On November 1, 2017, The Washington Cos. (Washington), a group of privately held North American mining, industrial and transportation businesses founded by industrialist and entrepreneur Dennis R. Washington, completed its acquisition of Dominion Diamond Corp. (Dominion) for approximately $1.5 billion.
Vista Equity Partners (“Vista”) acquired all of the outstanding shares of Toronto-based DH Corp. (TSX: DH) (“D+H”), a leading provider of technology solutions to financial institutions globally, by way of a plan of arrangement for $25.50 per share in cash, for a total enterprise value of approximately $4.8 billion, including the assumption of D+H’s debt.
On February 7, 2017, Trilogy International Partners Inc. (formerly Alignvest Acquisition Corporation) (TSX:AQX.A)(TSX:AQX.WT) (“Trilogy”) completed its qualifying acquisition under which Trilogy effected a business combination with Trilogy International Partners LLC by way of a court approved plan of arrangement.
On January 15, 2016, Sprott Asset Management completed its successful hostile takeover bid to acquire all of the outstanding units of Central GoldTrust in exchange for units of Sprott Physical Gold Trust on a net asset value to net asset value basis. The transaction was valued at over $1 billion.
Sterigenics International LLC, a sterilization services and a portfolio company of GTCR LLC, a private equity firm based in Chicago, Illinois, acquired Nordion Inc., a provider of products and services to the global health science market.