Restructuring and insolvency

“This group places special focus on representing companies, including its corporate clients, facing complex restructurings and insolvencies. It impresses sources with its ability to handle complicated multi-jurisdictional processes.” Chambers Global 2010, Canada.

“The restructuring team has a well-earned reputation through roles on complex restructuring and insolvency cases like Nortel and Canwest.The practice also has cross-border capabilities, an asset that has become absolutely vital in becoming a serious player in the world’s global financial market.” IFLR1000 2010, Canada.

“The firm is enjoying a great run. We were looking for a team that is practical and makes good business sense and that is going to find a way to deal with complex legal issues. These guys have it.” Chambers Global 2010, Canada.

Companies facing complex restructurings and insolvencies place their trust in our ability to help them navigate through business complexities, anticipate challenges and provide practical solutions. We have worked with many firms including a major institutional fund manager in connection with the restructuring of the approximately $32 billion third-party structured asset-backed commercial paper market in Canada, and a major high-tech company in its restructuring proceedings. We also advise financial institutions, manufacturing, aviation, transportation and media companies.

We have successfully partnered with companies involved in many of the largest Canadian/US insolvencies. Clients benefit from our many years of experience in restructuring a company and coordinating legal proceedings in multiple jurisdictions as well as coordinating cross-border legal proceedings.

Creative use of insolvency techniques are helpful in structuring the affairs of financially-healthy companies. These same insolvency tools also enable strategic mergers and acquisitions as they provide a cost-efficient means of procuring and stabilizing the finances of target companies.

A number of our team members are recognized in Canada and abroad as leading lawyers by authoritative sources including Chambers Global, the Canadian Legal Lexpert Directory and IFLR.

Our expertise extends to

• board fiduciary duties
• court-appointed trustees, monitors and receivers
• creditor and creditor committee advice
• debtor formal and informal arrangement or restructuring
• litigation
• oppression remedies
• priority disputes, fraudulent conveyances, preferences and other reviewable transactions
• proceedings under the Companies’ Creditors Arrangement Act, the Bankruptcy and Insolvency Act and the Winding-up and Restructuring Act
• realization on secured assets
• restructuring using the arrangement provisions of corporate statutes