Canadian Lawyer InHouse

April/May 2014

Legal news and trends for Canadian in-house counsel and c-suite executives

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april 2014 28 INHOUSE PULSE GRoWTh is DRiviNG ThE PRAIRIES oF ThE BY JENNIFER BROwN iN-housE DEPARTMENTs iN MANiTobA AND sAskATChEWAN ARE RiDiNG A WAvE oF PRoGREss. F or in-house counsel in Manitoba and Saskatchewan, growth and regulatory change are the top drivers dictating the kind of work and the volume coming their way and that has been a steady trend for the last few years. "Growth and change — it is just relentless," says Shel- don Stener, general counsel and corporate secretary with Federated Co-operatives Ltd. of Saskatoon. "We've been on a growth agenda doing acquisitions and growing business units and looking for acquisition opportunities — that's been taking up a lot of time." The 2013 World Co-operative Monitor ranked FCL in 58 th place, up from 66 th in 2012, with sales of US$8.1 billion. It was also the 13 th largest co-op in the wholesale and retail trade sector. "It's been exiting for us but you have to have the ca- pacity to handle it when it comes because you don't know when it's going to come. When it hits, it hits pretty hard," says Stener. FCL completed the acquisition of 17 fertilizer, seed, and agriculture chemical supply centres from Viterra Inc. in November 2013. It bought the supply centres from Viterra, the grain-handling arm of Glencore Xstrata. In 2012 it also bought Calgary-based junior oil company Triwest Exploration Inc. for $138.4 million. FCL is owned by about 225 retail co-ops located throughout Western Canada. The co-ops are "member- owners" of FCL. The company has a growth mandate and keeping up with the deals is the main focus for Stener and his in-house team of three. "It's something that's new for us to be on this aggressive growth agenda. The opportunities are presented not on our schedule but on someone else's schedule so we don't really con- trol the pace of the work. When a vendor comes looking

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