Background

Timothy McCunn is a Partner in the Ottawa office. He received his Bachelor of Commerce from McGill University and his Bachelor of Laws from the University of Ottawa in 1985. Tim was called to the Ontario Bar in 1987. He is the Regional Chair of both the Corporate Commercial Group and the Life Science Industry Group and a member of the Capital Markets Group.

Areas of Practice

• Corporate/commercial and securities law with particular emphasis on mergers and acquisitions and corporate finance.
• Fluently bilingual in English and French, and practices in both official languages.  

Rankings and Recognitions

• Recognized in the 2011 Canadian Legal Lexpert® Directory (Corporate Commercial Law; Corporate Mid-Market; Private Equity)

Professional Experience

• Acts for both issuers and investors throughout Canada in mergers and acquisitions, corporate finance and general corporate transactions with a particular emphasis on technology companies. He participated in numerous fund formation projects and made submissions to various governmental authorities on behalf of the venture capital industry.
• Serves as a Director of several private technology companies, including TTi Turner Technology Inc., Verio Therapeutics Inc., Annidis Health Systems Corp., Cognitive Sensing Inc. and Nantucket Hedge Fund Inc.
• Appointed special counsel to the Privy Council Office (Government of Canada) for the period May through November 1992, to advise with respect to the constitutional referred proposal.

Specific Assignments

• Mergers and acquisitions, primarily in the technology and biotechnology sectors.
• Venture exchange transactions including IPO's, CPC's and RTO's acting for targets, issuers and agents.
• Over 500 transactions involving the financing of both technology and biotechnology companies across Canada acting as counsel to issuers and venture capital funds.
• Counsel to independent committees of the board regarding sale of assets transactions.
• Private placements into public entities.
• Public offerings including IPO's and regular offerings.
• Joint venture agreements, licences and co-development agreements.

Representative Transactions

• Exclusive worldwide distribution coupled with a phased acquisition agreement of a diagnostic company in a transaction valued at $275 million
• Merger of life science venture fund valued at $82 million
• Sale of Northwood to Marconi for $42 million
• Sale of Eedo to Outstart Networks for $24 million
• Initial public offerings of C-Com, Milkway, NeuroMedix Inc., Saxon Financial Inc., Canadian medical Discoveries Fund Inc.
• Purchase of Nordion International by MDS Inc. for $175 million
• Public offerings for Procyon Inc., Stemcell Therapeutics Inc., PharmaGap Inc., Ambrilia
• Take-over bid by Transition Therapeutics of NeuroMedix Inc.

Professional and Community Activities

• Has presented numerous seminars on corporate/commercial law to local, national and international groups.
• Past member of the CBAO Business Law Committee
• Past member of the CBAO Securities Law Sub-Committee
• Member of the Dean's Advisory Council of the University of Ottawa 's Management School.
• Past Member of the Commercialization Advisory Committee for the Ottawa Hospital Research Institute.
• Elected, 2004, to the Ottawa Life Science Council
• Editorial Board, Securities Law and Practice, 3rd Edition

Publications, Speaking Engagements, Conferences and Media Articles

• Ottawa Tech CEO Roundtable – 2008 – Ottawa "Proposal for a New Ontario Retail Venture Capital Program"
• 3rd Annual The Biotechnology Initiative - 2007 - Mississauga - The Research to Revenue III - Moderator - "What Can We Learn From Other Industries"
• Border Ladner Gervais Venture Capital Presentation - 2007 - Ottawa - "Dealing with Venture Capital Companies as Potential Investors"
• BLG Spring Seminar Series - 2005 - Ottawa - "Considering Going Public? What You Need to Know." Seminar No. 1
• The 2005 Lexpert American Lawyer Guide - "Mergers and Acquisitions Transactions Within the North American Biotechnology Sector"
• 38th Spring Meeting, 2004 - Ottawa - Intellectual Property Institute of Canada "IP Considerations in Business Transactions"
• Lexpert - 2004 - "Key Legal Issues in Structuring & Negotiating Strategic Alliances" by John Godber, Jeffrey Graham and Tim McCunn
• BioNorth, 2004 - Ottawa - Ottawa Life Sciences - Speaker "Life Sciences International Conference & Exhibition"
• Insight Conference, 2004 - Toronto - Commercializing Intellectual Property in the Life Sciences: Latest Legal and Business Developments from Research to Commercialization - "Carefully Negotiating Agreements Can Increase the Potential of Success"
• BioFinance, 2004 - Toronto - Speaker "Financing Research - Getting Money Out of the Tax System"
• Biotechnology Focus, 2004 - "The Regulation of Stem Cell Research in Canada"
• BioNorth, 2003 - Ottawa - Ottawa Life Sciences - Speaker "Canada 's Top Ten Life Sciences Investments/Partnering Prospects Forum"
• BLG Client Presentation, 2003 - "Governance and the Venture Capitalist"
• BLG Client Presentation, 2003 - "Down Rounds"
• BIOTECanada Conference, 2003 - Toronto - Speaker "Flow-Through Shares and Other Programs"
• BioFinance Conference, 2003 - Toronto - Speaker "Mergers & Acquisitions - The Canadian Biotech Story"
• The Ottawa Citizen, 2003 - Ottawa - Media Article "In search of a moral fix: Why Canada's securities regulators must emulate new U.S. rules"
• BioNorth, 2002 - Ottawa - Ottawa Life Sciences - Speaker "Canada 's Top Ten Life Sciences Corporate Financing/Partnering Prospects Forum"
• BLG Client Seminar, 2002 - Ottawa - "Sarbanes-Oxley from a Canadian Perspective"
• Industry Canada, 2002 - Ottawa - "Reform of the Canada Business Corporations Act"
• SCMPG Presentation, 2001 - "The Private Placement Regime in Ontario - Rule 45-501"
• BioNorth, 2001 - Ottawa Life Sciences Conference - 3rd Annual Top Ten Life Sciences Investment Conference - Speaker "The Canadian Life Science Industry from 1995 to Today"
• BLG Client Presentation, 2001 - "Rule 45-501 - The New Private Regime in Ontario"
• Client Seminar, 2001 - Ottawa - "Notions of Corporate Governance" by Jeremy Farr and Tim McCunn
• Ottawa Life Magazine, 2001 - Ottawa - "Shaking up the Life Sciences"
• Insight Conference, 2001 - Financing High-Tech Companies: Mastering Access to the Investment Community - Speaker "Going Public Successfully"
• The Biotechnology Network Magazine, 2000 - "New Rules for Canadian Start-ups?"
• University of Ottawa Lecture, 2000 - Ottawa - "Radical Changes to Ontario Private Placement Rules"
• Canadian Business Magazine, 2000 - Media Article "They're Everywhere"
• Client Seminar, 2000 - "Exempt Offerings"
• National Post, 2000 - Ottawa - Medial Article "Ottawa 's fist incubator lays out welcome mat: refuge for infant firms"
• The Ottawa Citizen, 2000 - Ottawa - Media Article "Incubator Embraces Extreme Risk"
• The Ottawa Citizen, 2000 - Ottawa - Media Article "Ottawa Internet Firms Chase Startup Funds - New Companies Yet To Make Leap to Public Status"
• Ottawa Business Journal, 2000 - Ottawa - Borden Ladner Gervais "BLG's Capital Markets Group"
• The Ottawa Citizen, 2000 - Ottawa - Media Article "New High-Tech Incubator in the Works for Area"
• National Post, 2000 - Ottawa - Media Article "Balancing act for biotech's brave souls: but a string of IPOs suggest money is easier to come by."
• The Biotechnology Network Magazine, 1999 - "Negotiating Venture Capital Financing - Coming To Term Sheets"
• Ontario Securities Commission, 1999 - Toronto - The Lawyers Weekly "OSC Changing Policies to Rules"
• Sixth Annual Solicitors Conference, 1999 - County of Carleton Law Association - "Business Trust : Nature and Uses"
• The Ottawa Citizen, 1999 - Ottawa - Media Article "Incubating newborns: Nortel chief executive John Roth says Canada is falling behind in e-commerce development. Now, two businesses are going to do something about it."
• Ontario Bar Association, 1998 - Toronto - Securities Overhaul: Introduction to the New Rules - "Exempt Offerings"
• Canadian Bar Association, 1998 - Toronto - "Exempt Offerings"
• Ottawa Business Journal, 1997 - Ottawa - "40 under 40"
• Insight Conference, 1996 - Ottawa - "Evaluating an Employee Takeover Proposal"