Ryan Gallagher Photo
Ryan Gallagher Photo
Ryan Gallagher Photo

Ryan Gallagher maintains a broad regulatory practice that encompasses transportation law, competition law, and foreign investment regulation. His industry expertise spans across mining, forestry, agriculture, chemicals and other industrial sectors.

With particular expertise in rail transportation, Ryan advises shippers, receivers, shortline railways, investors, rail users and other interested parties on all aspects of commercial negotiations, dispute resolution, regulatory and transactional matters. He also has extensive experience with competitive and strategic analysis in support of rail rate and service negotiations, as well as regulatory matters under the Canada Transportation Act. Clients also rely on his insights and in-depth knowledge of rail safety matters, public policy advocacy and government relations, financing and leasing of rolling stock, and contractual allocation of liability.

Ryan’s broader transportation practice includes advising shippers and other interested parties on contractual and regulatory issues in relation to trucking, terminal, and infrastructure development matters, including shipping and handling agreements at inland and seaborne terminal facilities.

As part of his regulatory practice, Ryan assists clients with merger reviews and other matters under the Competition Act and foreign investment matters under the Investment Canada Act through his involvement in significant transactions, including with cross-border acquisitions.



Representative Matters

Ryan was a member of the firm’s team on the following transportation matters:

  • Meadow Lake Mechanical Pulp Inc. (MLMP) in its level of service complaint against Canadian National Railway Company (CN) culminating in Canadian Transportation Agency Letter Decision No. CONF-R-2023, including successful defense of CN’s motion for leave to appeal that decision, and the Agency’s determination of expenses payable to MLMP due to CN’s service failures in Agency Decision-CONF-R-9-2023 (2023)
  • Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Cost of Capital (2020) and General Purpose Debt (2021)
  • Gibraltar Mines (NYSE/LSE/TSX: TKO) 2020 final offer arbitration vs. Canadian National Railway and 2020 judicial review (amount undisclosed)
  • Fortress Transportation and Infrastructure Investors LLC in connection with its sale of the Central Maine & Quebec Railway to Canadian Pacific Railway (2019)
  • Gibraltar Mines (NYSE/LSE/TSX: TKO) 2018 final offer arbitration vs. Canadian National Railway and 2019 judicial review (amount undisclosed)
  • Teck Coal Limited in connection with a five year rail agreement for shipping of steelmaking coal from Teck’s four B.C. operations from Kamloops to Neptune Terminals and other west coast ports (2019)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers Coalition before the Canadian Transportation Agency in connection with its Consultations on its Regulatory Modernization Initiative (2018) and Approach to Setting Regulated Interswitching Rates (2019)
  • Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Western Canadian Shippers Coalition, before the Canadian Transportation Agency in connection with its Consultation on the Agency Regulatory Costing Model (2017)
  • Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Capital Structure and Cost of Capital Methodology (2016)
  • Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
  • Teck Resources Limited, agreement with Westshore Terminals Limited (2012)
  • Teck Resources Limited and affiliates before the Federal Rail Freight Service Review, Transport Canada (2010-2013)
  • Teck Coal vs. Canadian Pacific Railway, final offer arbitrations (May and June 2009)
  • Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
  • Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company
  • Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
  • (Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forestry, mining, automotive, mineral and agricultural products) with Canadian National Railway, Canadian Pacific Railway, and others; numerous negotiations with export and domestic cargo terminals

Ryan was also a member of the firm’s regulatory team on the following recent transactions:

  • Paper Excellence in the acquisition of Domtar (NYSE/LSE/TSX:UFS) (US$3 billion) (2021)
  • West Fraser Timber Co. Ltd. In its acquisition of Norbord for approximately C$4 billion (2020/21)
  • Paper Excellence in the acquisition of Catalyst Paper Corporation (amount undisclosed) (2018/19)
  • Aurora Cannabis in acquisition of MedReleaf (C$3.2 billion) (2018)
  • Aurora Cannabis in acquisition of an interest in Alcanna/Liquor Stores NA (C$103 million) (2018)
  • Great Canadian Gaming and Clairvest Equity Partners in acquisition of Ontario Lottery & Gaming West GTA Bundle (C$134 million) (2018)
  • Aurora Cannabis in acquisition of CanniMed (C$1.2 billion) (2017/18)
  • Great Canadian Gaming and Brookfield Business Partners in acquisition of Ontario Lottery & Gaming GTA Bundle (C$170 million) (2017)
  • Waterous Energy Fund (oil & gas) in acquisition of Northern Blizzard Resources Inc. (C$244 million) (2017)
  • Thoma Bravo, LLC, in its acquisition of TRADER Corporation (autoTRADER) (C$1.575 billion) (2016)
  • Tahoe Resources Inc. in its business combination with Lake Shore Gold Corp. (C$945 million) (2016)
  • Great Canadian Gaming in acquisition of Ontario Lottery & Gaming East Bundle (C$51 million) (2015/16)
  • Plentyoffish Media Inc. in its acquisition by The Match.com Group (US$575 million) (2015)
  • The WhiteWave Foods Company acquisition of Sequel Naturals Ltd. (US$550 million) (2015)

Speaking Engagements

Panelist, "The Mystery of the Blue Train Crossing, Rail Crossing 101", Canadian Transport Lawyers Association, Montréal

October 21, 2023

News


Rankings & Recognition

  • Recognized in the 2024 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers
  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of Transportation (Road & Rail)
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of Transportation: Rail & Road
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers as an Infrastructure Lawyer
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the areas of Competition and Transportation
  • Recognized by Chambers Canada (2023) as a leading lawyer in the area of Transportation: Rail & Road
  • Recognized by Chambers Canada (2022) as a leading lawyer in the area of Transportation: Rail & Road
  • Recognized by Chambers Canada (2021) as a leading lawyer in the area of Transportation: Rail & Road
  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of Transportation: Rail and Road
  • Recognized by Chambers Canada (2019) as a leader in Transportation: Rail & Road

Directorships & Affiliations

  • Canadian Bar Association
  • Vancouver Bar Association
  • Canadian Transportation Research Forum
  • Canadian Transport Lawyers Association

Education & Admissions

2007
Called to the British Columbia bar
2006
LLBUniversity of British Columbia
2000
B.Sc. (Honours), BiochemistryUniversity of British Columbia

Publications

Insights (42 Posts)View More

Featured Insight

Changes to the Competition Act: What Merging Parties Need to Know

The Competition Act's amendments to Canada's merger review regime are significant, and merging parties should take note.

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Jul 24, 2024
Featured Insight

Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation

Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".

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Jul 8, 2024
Featured Insight

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

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Jun 21, 2024
Featured Insight

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

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Mar 27, 2024
Featured Insight

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

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Mar 6, 2024
Featured Insight

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

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Feb 28, 2024
Featured Insight

Lexology Panoramic’s Rail Transport Guide 2024

The 2024 edition of Lexology Panoramic’s Rail Transport stands as the foremost and extensive repository of information on global railroad laws.

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Feb 1, 2024
Featured Insight

Rail Policy Work

McMillan’s Rail Transportation Group regularly makes submissions to both Houses of Parliament, Transport Canada, the Canadian Transportation Agency and other bodies in connection with rail regulatory and economic policy on its own behalf and on behalf of clients.

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Jan 31, 2024
Featured Insight

Comparative Analysis of Canadian Rail Freight Rates

A discussion about Canadian rail freight rates and their impact on Canadian Shippers.

Jan 12, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

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Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023

The Rail Shippers’ Guide

The Rail Shippers’ Guide provides a high-level overview of your rights and remedies when shipping freight by rail under the Canada Transportation Act and related regulations

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Aug 8, 2023
Featured Insight

2023 Budget Legislation Proposes Amendments to the Canada Transportation Act

The Federal Government published draft legislation to implement certain provisions of the 2023 Budget.

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May 3, 2023
Featured Insight

Budget Foreshadows Significant Changes to Federal Transportation Regulation

On March 28th, the Government of Canada tabled its 2023 Budget, which foreshadows significant proposed changes to the federal transportation regulatory regime.

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Apr 12, 2023
Featured Insight

Transport Canada Finalizes Amendments to the Transportation Information Regulations

The Amendments become effective in April 2023 and will increase the availability of basic rail freight service and performance data, primarily by CN and CP.

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Jan 16, 2023
Featured Insight

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part III

The Canada Transportation Act contains a few shipper remedies, which are partially or wholly ineffective, but which remain unaddressed.

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Nov 16, 2022
Featured Insight

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part II

Modernizing the Rail Transportation System in the National Public Interest

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Oct 25, 2022
Featured Insight

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report

The National Supply Chain Task Force underscores what rail shippers are facing: the Canadian transportation network is under stress.

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Oct 18, 2022
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

CN Rail Acquires H&R Transport – Competition Analysis

The Competition Bureau's review of the CN/H&R highlights its attention to non-notifiable deals, its use of oral examinations and the efficiencies defence.

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May 1, 2020
Featured Insight

The Transport Finance Law Review – Edition 6

The Transport Finance Law Review is intended to provide the industry with a guide to transport finance today globally. 

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Apr 29, 2020
Featured Insight

Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo

March 24 2020 after consultation with the provinces an exemption was issued permitting trucking companies and drivers to exceed maximum on-duty and driving time

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Mar 30, 2020
Featured Insight

Don’t Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway’s Operating Ratio

Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.

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Jul 22, 2019
Featured Insight

The Transport Finance Law Review – Edition 5

Canadian transportation policy is continuously evolving

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May 10, 2019
Featured Insight

Regulations Implementing the Transportation Modernization Act

On April 1, 2019, the Canadian Transportation Agency (“Agency”) announced the publication of proposed regulations (the “Proposed Regulations”) in the Canada Gazette to implement certain aspects of the Transportation Modernization Act (Bill C-49) (“TMA”).

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Apr 11, 2019
Featured Insight

The Transport Finance Law Review – Edition 4

The Canada chapter in Getting the Deal Through - Banking Regulation 2018 provides an overview of the regulations governing the banking industry in Canada

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Jun 4, 2018
Featured Insight

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

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Jun 22, 2017
Featured Insight

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

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Jun 13, 2017
Featured Insight

Bill C-49: Is the Long-Haul Interswitching Remedy Really New?

Regulators Rethink "Best Interest" Standard for Registrants

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May 30, 2017
Featured Insight

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

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May 16, 2017
Featured Insight

Investment Canada Act Threshold Increase – $1 Billion (Cdn)

Investment Canada Act Threshold Increase - $1 Billion (Cdn)

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Apr 12, 2017
Featured Insight

The Minister of Transport Confirms Rail Legislation Coming in Spring Session

The Minister of Transport, Marc Garneau, has addressed a letter to the Chair of the Standing Committee on Transport, Infrastructure and Communities (“SCOTIC”) that confirms the government is on track to table remedial rail legislation in the House of Commons during the spring legislative session.

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Apr 1, 2017
Featured Insight

Canadian Transportation Agency Closes Railway Capital Structure Consultation

Canadian Transportation Agency Closes Railway Capital Structure Consultation

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Jan 3, 2017
Featured Insight

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

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Aug 23, 2016
Featured Insight

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

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Apr 29, 2016
Featured Insight

Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)

Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)

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Apr 6, 2016
Featured Insight

Final Report: Canada Transportation Act Review

Final Report: Canada Transportation Act Review

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Mar 16, 2016
Featured Insight

Update: Safe and Accountable Rail Act Receives Royal Assent

Update: Safe and Accountable Rail Act Receives Royal Assent

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Jun 27, 2015
Featured Insight

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

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Feb 28, 2015
Featured Insight

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

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Feb 28, 2015
Featured Insight

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

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Feb 28, 2015

Deals & Cases (13 Posts)

Featured Insight

McMillan Successfully Secures Compensation for Meadow Lake Mechanical Pulp Inc.

McMillan’s Rail Transportation group filed a successful level of service complaint on behalf of Meadow Lake Mechanical Pulp Inc. (“MLMP”) against Canadian National Railway Company (“CN”) decided in MLMP’s favour by the Canadian Transportation Agency (“CTA”) in February 2023.

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Oct 17, 2023
Featured Insight

McMillan LLP Acts for West Fraser in $4 billion Acquisition of Norbord

McMillan LLP Acts for West Fraser in $4 billion Acquisition of Norbord

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Nov 26, 2020
Featured Insight

Gibraltar Mines Ltd.

Gibraltar Mines Ltd.

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Nov 1, 2020
Featured Insight

McMillan Represents Fortress in Sale of Central Maine & Quebec Railway to Canadian Pacific

McMillan represented Fortress Transportation and Infrastructure Investors LLC in connection with its sale of the Central Maine & Quebec Railway to Canadian Pacific Railway

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Dec 30, 2019
Featured Insight

Fortress Transportation and Infrastructure Investors LLC

McMillan advised Fortress on the auction of the Central Maine and Québec Railway to bidders, and negotiations with Canadian Pacific Railway.

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Dec 1, 2019
Featured Insight

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

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Sep 29, 2016
Featured Insight

Thoma Bravo acquires autoTRADER Corporation for C$1.575 billion

Thoma Bravo acquires autoTRADER Corporation for C$1.575 billion

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Sep 28, 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

WhiteWave Foods acquires Vega for US$550 million

WhiteWave Foods acquires Vega for US$550 million

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Aug 7, 2015

Plentyoffish acquired for US$575 million by Match.com

Plentyoffish acquired for US$575 million by Match.com

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Jul 15, 2015
Featured Insight

McMillan helps complete the cross-border sale of assets of Montreal, Maine & Atlantic railway deals

McMillan helps complete the cross-border sale of assets of Montreal, Maine & Atlantic railway deals.

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Jul 6, 2014
Featured Insight

Extended Handling Agreement with Teck Resources

On September 19, 2012, Teck reached agreement with Westshore Terminals Limited Partnership to extend the parties' current handling agreement

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Sep 28, 2012
Featured Insight

Handling Agreement with Teck Resources Announced

Handling Agreement with Teck Resources Announced

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Mar 4, 2011