Mario J. Forte
Mario Forte has extensive experience representing the principal participants in Canadian and cross-border corporate and financial institution restructurings and insolvencies. He is Toronto Chair of our business law group.
Since 1987, Mr. Forte’s practice has spanned all financial and other aspects of distress situations, with emphasis on restructurings under the Companies’ Creditors Arrangement Act, the Winding-Up and Restructuring Act and the Bankruptcy and Insolvency Act, informal workouts, troubleshooting, reorganizations, debt enforcements, receiverships and bankruptcies. He has acted for all participants, with extensive involvement on behalf of both creditor (institutional and non-institutional, trade and landlord) and corporate clients. As a result, he has established working relationships with financial institutions, financial intermediaries and consulting, investment and accounting firms that are active in distress situations.
His industry experience includes technology, communications, financial institutions, manufacturing, retailing, oil and gas, waste management, health care, financial services, real estate, property development and mining.
Mr. Forte has been involved in the federal government’s law reform initiatives concerning the restructuring and liquidation of financial institutions and continues to participate in international discussions on the global regulation and treatment of international financial institution insolvencies. He has also been a consultant to the Canadian Insolvency Institute on reforms to the Winding-Up and Restructuring Act.
Year of call
LL.B., Queen's University, 1985
B.A., University of British Columbia, 1981
Selected client work
Mr. Forte has acted for the following clients:
- Nortel Networks, as Canadian counsel to the company in connection with its filing under the Companies’ Creditors Arrangement Act (CCAA), the filing of its US subsidiaries under Chapter 11 of the United States Bankruptcy Code, and the filing of other subsidiaries under administration in the UK pursuant to the Insolvency Act 1986
- The Special Committee of the Board of CanWest Global Communications Corp. in the restructuring of the publishing and media businesses, as restructuring counsel
- The Independent Committee of the Board of Mega Brands Inc. in their corporate arrangement proceedings, as restructuring counsel
- Deloitte & Touche Inc. in the restructuring of Allen-Vanguard Corporation under the CCAA and the arrangement provisions of the business corporation legislation
- The Official Unsecured Creditors’ Committee, as Canadian counsel in the matter of the Chapter 11 and CCAA restructuring proceedings of the SemGroup and affiliates
- RSM Richter Inc., the court-appointed monitor in the CCAA restructuring proceedings of Nexient Learning
- Bank of America Canada (Canadian counsel), the senior and DIP lender in the multi-jurisdictional restructuring of Waterford Wedgwood plc
- Aeroplan Canada Inc. in connection with a $600 million secured credit facility entered into by Aeroplan as a lender, which facility provided financing to Air Canada
- Bank of America Canada, the senior and DIP lender in the CCAA and Chapter 11 proceedings of Circuit City Stores Inc. and Intertan Canada Ltd.
- Mecachrome International in the CCAA and "safeguard" proceedings in Canada and France
- Mr. Forte lectures regularly on various topics in the insolvency area in a variety of forums.
Rankings and recognitions
- Chambers Global: The World’s Leading Lawyers for Business, 2011-2013: Restructuring & Insolvency
- Lexpert® Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada, 2012
- Canadian Legal Lexpert Directory, 2012 - Most frequently recommended in Insolvency & Financial Restructuring
- IFLR (International Financial Law Review) 1000 - The Guide to the World’s Leading Financial Law Firms - Leading lawyer in restructuring and insolvency, 2012-2013
- Best Lawyers in Canada, 2012-2013 - Insolvency and Financial Restructuring
- PLC Which lawyer?, 2011 - Restructuring and insolvency
- 2010 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
- The International Who’s Who of Insolvency & Restructuring Lawyers, 2011-2012
- Lexpert / American Lawyer Guide to the Leading 500 Lawyers for Canada - Most frequently recommended for Insolvency & Financial Restructuring
- Global Counsel
Memberships and activities
- Canadian Bar Association
- Law Society of Upper Canda
- American Bankruptcy Institute
- Insolvency Institute of Canada
- Ontario Bar Association
- Insolvency Section (past member of the executive and co-editor of section periodical)
- Former lecturer, Law Society of Upper Canada Bar Admission Course