Herb Ono Photo
Herb Ono Photo
Herb Ono Photo

Herbert (Herb) Ono is a US qualified capital markets and securities lawyer with extensive experience in cross-border corporate finance and securities matters. He has significant experience advising clients in the mining and cannabis sectors.

Routinely assisting clients in negotiating and implementing mergers and acquisitions, corporate spin-offs, and public and private financing transactions, Herb’s experience also includes advising publicly traded clients on corporate governance, Sarbanes-Oxley Act compliance, and Canadian and US securities filings and stock exchange listings.

Prior to joining McMillan, Herb spent two years with a Tokyo law firm now known as Nagashima, Ohno and Tsunematsu. As a foreign lawyer on secondment from the Toronto office of a national law firm, he was engaged in international commercial transactions, including joint ventures between US and Japanese parties. Herb takes a lead role in the firm’s Japan-focused initiatives.



Representative Matters

Herb’s experience includes acting as U.S. counsel on registered business combination transactions and public offerings under the Securities Act of 1933 (including cross-border Multi-Jurisdictional Disclosure System offerings registered with the SEC on Form F-10), unregistered private placement offerings effected in reliance on Rules 144A and 506 under the Securities Act of 1933, continuous disclosure filings under the Securities Exchange Act of 1934, and U.S. stock exchange listings.

Some examples of his representative work include:

  • Acted as U.S. securities counsel to Organigram Holdings Inc. in connection with shelf takedown offerings of $69.1 million, $55 million and $49 million, respectively, that were qualified by a Canadian short form prospectus and registered with the U.S. Securities and Exchange Commission on Form F-10.
  • Acted as U.S. securities counsel to Sernova Corp. in connection with an unregistered offering of units to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933, undertaken concurrently with a Canadian bought deal offering in the amount of $23 million that was qualified by a Canadian short form prospectus.
  • Acted as U.S. securities counsel to CloudMD Software & Services Inc. in connection with unregistered offerings of securities to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933, undertaken concurrently with Canadian bought deal offerings in the respective amounts of $37.3 million, $15 million and $13 million that were qualified by Canadian short form prospectuses.
  • Acted as U.S. securities counsel to Cypress Development Corp. in connection with an unregistered offering of units to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933 and to accredited investors on a substituted-purchaser basis pursuant to Rule 506(b) of Regulation D under the U.S. Securities Act of 1933, undertaken concurrently with a Canadian bought deal offering in the amount of $19.6 million that was qualified by a Canadian short form prospectus.
  • Acted as U.S. securities counsel to Blackheath Resources Inc. and its wholly-owned subsidiary, Green Impact Operating Corp., in connection with the cross-border offering of subscription receipts for gross proceeds of C$100 million.
  • Acted as U.S. securities counsel to Blackheath Resources Inc. in connection with its $150 million acquisition of certain clean energy assets, renewable natural gas projects and solids recycling facilities from Wolverine Energy and Infrastructure Inc.
  • Acted as U.S. securities co-counsel in connection with West Fraser Timber Co. Ltd.’s US$3.1 billion acquisition of Norbord Inc. pursuant to a plan of arrangement structured to comply with section 3(a)(10) of the U.S. Securities Act of 1933.
  • Acted as U.S. securities counsel to Patient Home Monitoring Corporation in connection with its spin out of Viemed Healthcare, Inc. pursuant to a plan of arrangement structured to comply with section 3(a)(10) of the U.S. Securities Act of 1933.
  • Acted as U.S. securities counsel in the listing of Aurora Cannabis Inc. on NYSE.
  • Acted as U.S. securities counsel in the listing of Organigram Holdings Inc. on Nasdaq Global Select Market.
  • Acted as U.S. securities counsel in the listing of Tahoe Resources Inc. on NYSE.
  • Acted as U.S. securities counsel in the listing of Primero Mining Corp. on NYSE.
  • Acted as U.S. securities counsel to Tahoe Resources Inc. in connection with its $1.1 billion acquisition of Rio Alto Mining Limited and its $894 million acquisition of Lake Shore Gold Corp.

Speaking Engagements

CBA Skilled Lawyer Series III - Corporate Stream Panelist, Cross-Border Deals (Mergers and Acquisitions)

May 2013

Optimizing New Developments on Offerings in Canada-U.S. Cross Border Transactions Panelist, The Canadian Institute's 22nd Annual Securities Regulation & Compliance Conference

October 2012

TSX 2008 US Campaign - Going Public Workshops, Panelist

Denver (April 2008), Houston (May 2008), San Diego (October 2008)

IR Compliance Seminar: The Do's and Don'ts of Cross-Border Investor Relations Canadian Listed Company Association

October 2006

Pipes and SOX: An Overview of Selected U.S. Securities Law and Practice Topics Canadian Corporate Counsel Association Conference

August 2005

News


Community Involvement

  • Nikkei National Museum and Cultural Centre
    Director: Since 2018
    President: Since 2019
  • North Vancouver Minor Hockey Association
    Coach / Assistant Coach: 2008-9, 2009-10, 2010-11, 2012-13
  • Hollyburn Minor Hockey Association
    Coach: 2016-17
    Assistant Coach: 2013-14; 2015-16

Directorships & Affiliations

  • American Bar Association
  • Inter Pacific Bar Association

Education & Admissions

1999
Called to the California bar
1994
Called to the British Columbia bar
1990
Called to the Ontario bar
1987
LLMLondon School of Economics
1986
LLBUniversity of British Columbia
1983
BASimon Fraser University

Deals & Cases (35 Posts)

Featured Insight

Auryn Resources Inc. completes comprehensive reorganization transaction

Auryn Resources Inc. completes comprehensive reorganization transaction

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Oct 13, 2020
Featured Insight

Uranium Energy Corp. closes public offering

This is another transaction that demonstrates McMillan's ability to provide Canadian and U.S. securities expertise to our client.

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Jan 20, 2017
Featured Insight

iAnthus closes $20 Million bought deal offering and concurrent $1.5 Million non-brokered private placement

iAnthus was represented by a team from McMillan that included James Munro, Desmond Balakrishnan, Marina Tran, Herbert Ono and Joni Liew.

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Dec 21, 2016
Featured Insight

Treasury Metals completes acquisition of Goldeye Explorations

Treasury Metals completes acquisition of Goldeye Explorations

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Nov 1, 2016
Featured Insight

Hampton Securities completes RTO and TSXV Listing

Hampton Securities completes RTO and TSXV Listing

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Jul 29, 2016
Featured Insight

Underwriters syndicate finance NorthWest Healthcare Properties REIT

Underwriters syndicate finance NorthWest Healthcare Properties REIT

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Jul 25, 2016
Featured Insight

Great Panther Silver completes US$29.9 million cross-border equity financing

Great Panther Silver completes US$29.9 million cross-border equity financing

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Jul 1, 2016
Featured Insight

Pure Industrial Real Estate Trust (PIRET) closes public offering

Pure Industrial Real Estate Trust (PIRET) closes public offering

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Jun 15, 2016
Featured Insight

Intrinsic4D closes private placement of convertible debentures

Intrinsic4D closes private placement of convertible debentures

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Jun 1, 2016
Featured Insight

Semafo completes $115 million bought deal financing

Semafo completes $115 million bought deal financing

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Apr 22, 2016
Featured Insight

Great Panther Silver launches US$10 Million at-the-market offering

Great Panther Silver launches US$10 Million at-the-market offering

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Apr 21, 2016
Featured Insight

Tahoe Resources and Lake Shore Gold close business combination

Tahoe Resources and Lake Shore Gold close business combination

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Apr 6, 2016
Featured Insight

Uranium Energy Corp closes US$10.51 million financing

Uranium Energy Corp closes US$10.51 million financing

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Mar 10, 2016
Featured Insight

McMillan represents Underwriters on Petrus Bought Deal Financing and Going-Public Transaction

McMillan represents Underwriters on Petrus Bought Deal Financing and Going-Public Transaction

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Feb 22, 2016
Featured Insight

Tahoe Resources and Lake Shore Gold announce Business Combination

Tahoe Resources and Lake Shore Gold announce Business Combination

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Feb 8, 2016
Featured Insight

St Andrew Goldfields completes plan of arrangement with Kirkland Lake Gold

St Andrew Goldfields completes plan of arrangement with Kirkland Lake Gold

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Jan 26, 2016
Featured Insight

Inspira Financial Inc. closes qualifying transaction with Chrysalis Capital IX Corporation

Inspira Financial Inc. closes qualifying transaction with Chrysalis Capital IX Corporation

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Jul 7, 2015
Featured Insight

Uranium Energy closes US$10M public offering

Uranium Energy closes US$10M public offering

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Jun 25, 2015
Featured Insight

Great Panther completes acquisition of Cangold

Great Panther completes acquisition of Cangold

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May 27, 2015
Featured Insight

Tahoe Resources and Rio Alto Mining complete merger

Tahoe Resources and Rio Alto Mining complete merger

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Apr 25, 2015
Featured Insight

Ontario Infrastructure and Lands Corporation closes financing on $1.2 billion Highway 407 East Phase 2 Project

Ontario Infrastructure and Lands Corporation closes financing on $1.2 billion Highway 407 East Phase 2 Project

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Mar 10, 2015
Featured Insight

Detour Gold Completes $162 Million Bought Deal Offering

Detour Gold Completes $162 Million Bought Deal Offering

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Feb 18, 2015
Featured Insight

Cayden Resources acquired by Agnico Eagle for C$205 million

Cayden Resources acquired by Agnico Eagle for C$205 million

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Nov 28, 2014
Featured Insight

Detour Gold completes $176 million bought deal offering

On June 11, 2013, Detour Gold completed a bought deal offering in Canada and the U.S. of 20,125,000 common shares at a price of $8.75 per common share for aggregate gross proceeds of $176,093,750.

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Jun 11, 2013
Featured Insight

Vitran Corporation Completes US $97 million sale of its Supply Chain Operation

On March 4, 2013 Vitran Corporation Inc., a publicly traded North American transportation company, completed the sale of its Supply Chain Operation (SCO) business to LEGACY Supply Chain based in Portsmouth, New Hampshire for U.S. $97 million in cash.

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Mar 1, 2013
Featured Insight

PMI Gold Corporation Completes C$115 million Overnight Marketed Offering

On November 13, 2012, PMI Gold Corporation ("PMI") completed an overnight marketed public offering of 136,907,500 common shares

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Nov 13, 2012
Featured Insight

Detour Gold Completes $277 million bought deal offering

On February 14, 2012, Detour Gold completed a bought deal offering in Canada and the U.S. of 9,890,000 common shares

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Feb 14, 2012
Featured Insight

Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.

Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.

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Aug 16, 2011
Featured Insight

Detour Gold completes $427.7 million bought deal offering

Detour Gold completes $427.7 million bought deal offering

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Aug 4, 2011
Featured Insight

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

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Jul 14, 2011
Featured Insight

Jinchuan Group Ltd. Completes $431 Million Acquisition of Continental Minerals

Jinchuan Group Ltd. Completes $431 Million Acquisition of Continental Minerals

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Apr 29, 2011
Featured Insight

Richfield Ventures Acquired by New Gold

Richfield Ventures Acquired by New Gold

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Apr 3, 2011
Featured Insight

Great Basin Gold Completes Bought Deal Offering with Proceeds of $86.26 Million

Great Basin Gold Completes Bought Deal Offering with Proceeds of $86.26 Million

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Feb 23, 2011
Featured Insight

Keegan Resources Inc. Completes $213 Million Bought Deal Offering

Keegan Resources Inc. Completes $213 Million Bought Deal Offering

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Feb 17, 2011
Featured Insight

Farallon Mining Ltd. Acquired by Nyrstar NV for $400 million

Farallon Mining Ltd. Acquired by Nyrstar NV for $400 million

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Jan 6, 2011