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Carl Cunningham

Partner

Co-Head of Employment Services Practice

Co-Head of Employment Services Practice | Email

T: 416.777.4847

Email

Toronto

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Cunningham Carl
 
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T: 416.777.4847


Email

Toronto

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  • Education
  • Bar Admissions
  • Select Experience
  • Recent Recognition
  • Insights, News & Events
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  • Select Experience
  • Recent Recognition
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Carl Cunningham provides strategic employment advice to management (including the on-boarding and separation of C-Suite executives) and frequently provides advice regarding the transfer of employees in complex corporate transactions.

Carl's practice includes advising both federally and provincially regulated employers regarding all aspects of employment law. Carl assists employers in establishing the employment relationship, such as drafting and negotiating employment contracts, change of control agreements and workplace policies, and complying with applicable legislation, such as employment standards, health and safety and the Human Rights Code. He also provides strategic advice to clients on issues that arise during the course of the employment relationship, such as managing absenteeism, use of independent contractors, accommodating injured workers, administering discipline and responding to allegations of workplace harassment. In the event that the employment relationship ends, Carl provides employers with guidance on cost effective ways to structure termination packages and headcount reductions.

In addition to providing employers with strategic advice, Carl also represents employers in a broad range of employment disputes. He frequently attends mediations and appears in the Superior Court of Justice on wrongful dismissal litigation and claims relating to breach of post-employment obligations, including moving for and responding to injunctions. Carl also represents employers at labour- and employment-related tribunals, including the Ontario Human Rights Tribunal, Canada Industrial Relations Board, the Ontario Labour Relations Board, boards of arbitration, and Coroner's Inquests.

Carl also advises on employee privacy law issues.

Carl is recognized as one of Canada's "Leading Lawyers under 40" in the 2014 edition of Lexpert's annual Rising Stars awards.

Education

University of Windsor, BA, 1996, with honours University of Windsor, LLB, 1999 

Bar Admissions

Ontario, 2001

Select Experience

Morrison Hershfield Group Inc. with the private company arrangement in its sale to Stantec Consulting Ltd.
S.i. Systems, a portfolio company of Quad-C Management, in its sale by Quad-C and management shareholders to Cornell Capital and Torquest Partners
Kensington Capital Partners and Kensington Private Equity Fund in its acquisition and subsequent amalgamation of Resolute Health Corporation Limited, a leading Canadian healthcare services business specializing in the testing and treatment of obstructive sleep apnea
Lineage Logistics, an international refrigerated warehousing and storage company owned by Bay Grove Capital, on its acquisition of VersaCold Logistics Services, a Canadian refrigerated warehousing company with fully integrated logistics capabilities, from Torquest Partners, The Investment Management Corporation of Ontario and OPTrust
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt
Cenovus Energy Inc., in its $23.6-billion acquisition of Husky Energy Inc.
Devon Canada Corporation and Devon Canada Crude Marketing Corporation, in their approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited
Kissner Group Holdings LP, completed its acquisition of NSC Minerals Ltd., a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners
S.i. Systems Ltd., in its acquisition by Quad C Partners
Longview Aviation Capital Corp., in its acquisition of the Dash 8 program from Bombardier Inc.
Klondex Mines Ltd., in its US$462-million acquisition by Hecla Mining Company pursuant to a Plan of Arrangement
Havilah Mining Corporation, in its US$52-million spin-out from Klondex Mines Ltd. including a concurrent equity subscription by Hecla Mining Company pursuant to a Plan of Arrangement
First Majestic, completes its US$320-million acquisition of Primero Mining and enters into new stream agreement at San Dimas Mine
The Government of Bermuda, as Chief Legal Advisor, in the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport
Tervita Corporation, in completing a $3.6-billion recapitalization transaction under the CBCA
Kissner Holdings LP, in its $400,000,000 notes offering and related refinancing transactions
Stantec Inc. (NYSE, TSX: STN) in its $1.25-billion credit facilities to finance, in part, the successful acquisition of MWH Global, Inc. for approximately US$793 million
Acal PLC, a UK-based company and a leading international supplier of customised electronics to industry, in its acquisition of Plitron Manufacturing Inc., a Toronto-based designer and manufacturer of custom toroidal transformers for transportation, medical and industrial applications
Waste Connections, Inc. on an approximately $13-billion merger with Progressive Waste Solutions Ltd.
The Special Committee of the Board of Directors of Romarco Minerals Inc., in its acquisition by OceanaGold Corporation pursuant to a court approved plan of arrangement for approximately $856 million on a fully-diluted in the money basis
Precision Castparts Corp., in its acquisition of Noranco Inc. from MidOcean Partners and PSP Investments for US$560 million
Crocodile Gold Corp., (TSX) in its combination with Newmarket Gold Inc. (TSXV) pursuant to a court approved plan of arrangement for approximately $185 million
Metalmark Capital, in the acquisition of Kissner Milling Company Limited and Kissner Group Inc. by an investor group led by Metalmark Capital and including Silvertree, a joint venture between Silverhawk Capital Partners and Demetree Salt, LLC, and the Kissner management team
Premier Gold Mines Limited, a Canadian-based mineral exploration company, in its proposed 50/50 partnership with Centerra Gold Inc. for the joint ownership and development of Premier's Trans-Canada Property including the Hardrock Gold Project located in the Geraldton-Beardmore Greenstone Belt in Ontario
Wheels Group, Inc., in its corporate reorganization and subsequent acquisition by Radiant Logistics Inc. pursuant to a court approved plan of arrangement for approximately $100 million
Canadian counsel to Regal Beloit Corporation, in the US$1.44-billion world-wide acquisition of the Power Transmission Solutions business of Emerson Electric Co
Parkland Fuel Corporation, North America's fastest growing distributor and marketer of fuels and lubricants, in its proposed $378 million purchase of assets of Pioneer Energy
VimpelCom Ltd., in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management Corp. (WIND Mobile), including the forgiveness or sale of approximately $2 billion of debt owed by WIND Mobile and the sale of their equity interests in WIND Mobile for approximately $130 million
Darling International Inc., in its acquisition of all the assets of Rothsay, a division of Maple Leaf Foods Inc., for approximately $645 million
Synacor, Inc., in its acquisition of Carbyn
Glencore International, in its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion
The Sterling Group, in its acquisition of the Liqui-Box Corporation from DuPont
Meridian Credit Union, in its merger with Desjardins Credit Union to create Ontario's largest credit union with 263,000 members and $8 billion in assets under management
Burntsand Inc., (a TSX listed issuer) in its amalgamation with a wholly-owned subsidiary of Opentext Corporation
Riverstone Holdings LLC, in their agreement to acquire Gibson Energy Holdings, Inc. from Hunting Plc for a purchase price of $1.25 billion and related financing
One Equity Partners and Systagenix Wound Management, as Canadian counsel, in the purchase of Ethicon, Inc.'s, (a Johnson & Johnson company), Professional Wound Care business. 
Icera Inc., as Canadian counsel, in its acquisition of Sirific Wireless
Castek Software Inc., in the acquisition of interests by a controlling shareholder
Health Care Property Investors Inc., in its $1.4-billion offer to acquire all of the outstanding units of Sunrise Senior Living Real Estate Investment Trust

Recent Recognition

Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada
Recognized as a Corporate lawyer to watch
Lexperts Rising Stars Leading Lawyers Under 40
Recognized as one of Canada's leading 40 lawyers under 40
The Legal 500 Canada
Recommended, Labour and Employment

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