Andrew Fleming

Biography

Andrew Fleming has extensive experience in business law, including company, securities and banking law, and regulatory requirements relating to corporate transactions, financings and mergers and acquisitions. He has participated in all aspects of company law, including advising on general corporate matters relating to governance and structure and assisting in major corporate reorganizations by way of arrangements or amalgamations. He has also participated in all aspects of securities law including public financings (acting for issuers, underwriters and purchasers) in Canada, the United States and Europe, private placements, including project financings, and merger and acquisitions work related primarily to public take-over bids.

Mr. Fleming has acted as counsel to both financial institutions and borrowers in project financings for the telecommunications industry, industrial undertakings and natural resource projects. He has also assisted corporations in structuring their regular borrowing activities and is familiar with the corporate, securities and banking law implications of such transactions.

Mr. Fleming's practice also includes arbitration of commercial matters under the auspices of the ICC Court of Arbitration.

From 1999 to 2006, he was a member of our Executive Committee. In August 1999 he relocated from London, UK, where he was Managing Partner, to Toronto as Managing Partner, then Co-Managing Partner, of our Toronto office, a position he held until 2003.

Year of Call

• Ontario Bar 1999
• Quebec Bar 1975

Law School

• B.C.L., McGill University, 1974

EDUCATION

• B.A., McGill University, 1971

Publications

• Andrew Fleming, The Impact of Canadian Rules on International Take-over Bids, (1991) 6 Butterworths Journal of International Banking and Financial Law at p. 347
• Andrew Fleming, Resolving Crossborder Problems: Legal Opinions, (1993) Meredith Lectures, Faculty of Law, McGill University at p. 129
• Andrew Fleming and Sol Sananes, System for Electronic Document Analysis, Retrieval Proposed by CSA, (1996), Vol. 2, No. 9 World Securities Law Report at p. 24
• Andrew Fleming, Extending International Equity Offerings to Canada - A Legal Perspective (1996) 15 International Banking & Financial Law at p. 58
• Andrew Fleming, Canadian Common and Civil Law: a Study in Convergence, (1997) 25 International Business Lawyer at p. 13
• Andrew Fleming and Christine Carron, Co-operation in International Insolvencies, (1997) 15 International Banking & Financial Law at p. 104
• Andrew Fleming, Toronto Stock Exchange Committee on Corporate Disclosure Issues Final Report, (1997), Vol. 3, No. 4 World Securities Law Report at p. 31
• Thomas Allen & Andrew Fleming, Canada moves to assuage public governance doubts (1997), Vol. XVI, No. 10 International Financial Law Review at p. 33
• Andrew Fleming, Canadian Competition Act Changes Include Potential Landmine, (1997), Vol. 3, No. 11 World Securities Law Report at p. 29
• Andrew Fleming, Foreign bank entry into Canada, (1997) 16 International Banking & Financial Law at p. 65
• Andrew Fleming and Wendy Warhaft "Saucier Report - A New Link in the Corporate Governance Chain" Corporate Governance, Federated Press, vol. 2, No. 1, (2001) at pg. 54Andrew Fleming, Making Takeover Bids in Canada, October 1998, International Quarterly, Vol. 10, No. 4
• Andrew Fleming, Brian Ludmer and Michael Brown - World Securities Law Report, Volume 8, No. 12, (December 2002) entitled "Ontario Proposes to Institute Private Right of Action, Additional Liability for Continuous Disclosure Violations, and Broader Enforcement Powers for Ontario Securities Commission", pg. 32

Speaking Engagements

• Participated in many conferences related to company, securities and banking law

Media Highlights

• Quoted in "PPP Picks Up but BCE Casts a Dark Shadow," EuroWeek, September 19, 2008.

Rankings and Recognitions

• Best Lawyers in Canada - Corporate Law: Finance, 2008
• The Best Lawyers in Canada - Corporate (Finance), 2006
• Recommended in Corporate/M&A in Chambers Global Guide to the World's Leading Lawyers, 2007
• IFLR1000

Memberships and Activities

• Past member of Continuous Disclosure Reform Committee of the Quebec Securities Commission
• Policy Advisory Committee of the Ontario Securities Commission
• Committee on Corporate Disclosure of Toronto Stock Exchange
• Consultative Committee of Securities Law Practitioners to the Quebec Securities Commission
• Continuous Disclosure Advisory Committee of the Ontario Securities Commission
• Canadian roster of arbitrators of the International Chamber of Commerce
• Commission on Arbitration of the International Chamber of Commerce