Portrait of Derek Powers

Derek Powers*

Partner

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Practice Emphasis

Derek has a broad solicitor’s practice advising a variety of corporate and individual clients across a multitude of sectors.

His practice is primarily focused on mergers and acquisitions, divestitures, reorganizations, joint ventures, and lending and financing. In addition, Derek regularly acts as outside general counsel for his clients advising on day-to-day business issues, including marketing and advertising, corporate governance and the negotiation and drafting of various commercial agreements.

Prior to joining Nixon Wenger, Derek practiced in the Toronto office of a large national law firm for nearly a decade. He draws on that experience to provide exceptional business and legal counsel to Nixon Wenger’s clients.

*Providing legal services through a law corporation

Business Transactions

Derek advises clients on all matters of business transactions including asset purchases, share purchases, divestitures, amalgamations, corporate reorganizations, and various other business arrangements. Derek also assists clients with the negotiation and drafting of various commercial agreements, including distribution agreements, products and services agreements, co-packing agreements, consulting agreements, and licensing agreements.

Lending & Financing

Derek acts for both borrowers and lenders in a multitude of lending transactions, including transactions involving business and real estate acquisitions and refinancing.

Incorporations, Partnerships and Joint Ventures

Derek has advised clients on all matters of business associations, as well as the creation and implementation of shareholders agreements, partnership agreements and joint ventures.

Marketing and Advertising

Derek helps to structure different types of contests on behalf of marketing companies and consumer goods producers, including the preparation of contest rules. Derek also reviews advertisements appearing in all types of media and evaluates them for misleading advertising compliance in addition to any other industry specific regulatory requirements.

Not-for-Profit and Charities

Derek advises not-for-profit and charity clients on issues regarding incorporation and charitable registration, compliance matters, and audits. Derek also deals extensively with not-for-profit corporate governance and structuring issues, directors’ duties and liabilities, governance best practices, and membership disputes.

Education

  • Bachelor of Applied Science (Civil Engineering) from Queen’s University in 2002.
  • LLB from the University of Western Ontario in 2007.
  • Call to the Ontario Bar in 2008.
  • Called to the British Columbia Bar in 2017.

Professional and Civic Interests

  • Member of the Canadian Bar Association
  • Member of the British Columbia Law Society
  • Member of the Law Society of Upper Canada
  • Director of the Allan Brooks Nature Centre Society