Mark Brender - Osler, Hoskin & Harcourt LLP

Mark Brender

Listed in Best Lawyers since 2006
Phone: 514-904-5777

Mark’s practice is broad based, focusing on domestic and international tax-planning and dispute resolution. Mark actively advises on cross-border and domestic mergers and acquisitions, corporate reorganizations, spin-offs and financings. Mark has extensive experience in advising Canadian and foreign multi-national corporations, private equity funds, venture capital funds and privately owned businesses.  He also advises individuals and private family enterprises on succession and estate planning.

Mark is a dedicated editor, writer, lecturer and speaker on tax matters, covering diverse topics such as the tax aspects of mergers and acquisitions, corporate reorganizations and estate planning. His articles have been referred to and cited by judges of the Tax Court of Canada and the Federal Court of Appeal.

In November 2012, Mark was awarded the Douglas J. Sherbaniuk Distinguished Writing Award 2012, conferred by the Canadian Tax Foundation for his article “Subsection 55(2): Then and Now” published in the Annual Canadian Tax Foundation Conference Report 2011, 12:1-35.

Mark was mandated by the Department of Justice to study and report on the concept of "beneficial ownership" in the Income Tax Act in the context of the Harmonization Project.

Mark is on the board of governors of the Canadian Tax Foundation. He also serves on numerous committees for various charitable organizations.

Additional Information

Notable Matters
  • DataWind Inc., in connection with its $30 million initial public offering and listing on the Toronto Stock Exchange.
  • MEGA Brands in connection with its proposed US$460 million acquisition by Mattel.
  • POSCO of Koreaand China Steel Corporation of Taiwan in their $1.1 billion investment in ArcelorMittal Mines Canada’s iron ore mine business.
  • Turris Sites in its sale of a controlling interest to InSite Wireless of the United States and a subsequent securitization transaction.
  • MEGA Brands Inc. in a recapitalization under the Canada Business Corporations Act including debt restructuring; a public bought deal of subscription receipts and a private placement of common shares.
  • World Color Press Inc. in its $1.4 billion business combination with Quad/Graphics Inc.
  • Limited Brands Inc. the owner of Victoria’s Secret, in its take-over bid for La Senza Corporation.
  • Mega Bloks Inc. in its acquisition of Rose Art Industries Inc. and related financing.
  • Pennant Foods Company LLC, a subsidiary of Fresh Start Bakeries, Inc., a portfolio company of New York private equity firm Lindsay Goldberg LLC, in connection with the purchase of a portion of the General Mills Bakeries and Food Service frozen bread dough business.
  • Jubilant Organosys Ltd. of India in its acquisition of NASDAQ and TSX listed Draxis Health Inc.
  • Oz Communications Inc. in its sale to Nokia Corporation.
Part 2
  • Canadian counsel to the initial purchasers in connection with the secondary private placement by CDP Capital d'Amérique Investissements Inc., a subsidiary of Caisse de dépôt et placement du Québec, of $305 million convertible unsecured subordinated debentures of Quebecor Inc.
  • National Bank Financial, BMO Nesbitt Burns and RBC Capital Markets and the other dealers in connection with an offering of $2 billion principal amount of senior notes by CDP Financial Inc., the financing arm of the Caisse de dépôt et placement du Québec.
  • Goldman, Sachs & Co., Morgan Stanley, BofA Merrill Lynch, RBC Capital Markets and the other initial purchasers in connection with an offering of US$5 billion principal amount of senior notes by CDP Financial Inc., the financing arm of the Caisse de dépôt et placement du Québec.
  • The underwriting syndicate for Jaguar Mining’s 2009 and 2011 offering of convertible senior notes.
  • Radial Point, in all of its financings in an aggregate amount of approximately $200 million.
  • Genuity Capital Markets, BMO Nesbitt Burns and the rest of the underwriting syndicate in Miranda Tech.
  • BCE Inc. in the spin-off of its interest of Nortel Networks valued at $89.3 billion.
McGill UniversityMcGill UniversityBA
Association du Barreau du QuébecCanadian Bar AssociationAssociation de planification fiscale et financière (APFF)International Fiscal AssociationCanadian Tax Foundation

Office Location

1000 De La Gauchetière Street West
Suite 2100
Montréal, QC H3B 4W5


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Practice Areas

Tax Law
Trusts and Estates