J.J. Burnell

Partner

Winnipeg / Services provided by J J Burnell Law Corporation

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Education & Qualifications

  • Manitoba Bar (1996)
  • LLB (Manitoba, 1995)
  • B.Sc. (Manitoba, 1992)

Services and Industries

J.J. practises in the area of corporate recovery and insolvency law, as well as in pension and benefits law.

In the area of corporate recovery and insolvency law, J.J. provides advice regarding corporate recovery strategies, debt restructuring, arrangements under the Companies’ Creditors Arrangement Act, proposals under the Bankruptcy Insolvency Act, loans, loan recovery and enforcement, liquidations shareholder, director and employee issues, lender liability, farm enforcement (including in respect of the Farm Debt Mediation Act (Canada) and mediations thereunder and applications under The Family Farm Protection Act (Manitoba) and The Farm Machinery and Equipment Act (Manitoba), bankruptcy and receivership generally. She advises corporations, banks, secondary lenders, venture capital firms, monitors, receivers, trustees, shareholders, creditors and debtors.

In the area of pension and benefits law, J.J. advises on and assists in a wide variety of matters involving pension and benefit plans, including winding-up or amendment of plans, plan creation and implementation, plan mergers, executive compensation, trust agreements and agreements for administrative services, asset transfers, surplus and distribution issues and due diligence matters.

Prominent counsel roles in recent major Manitoba and extra-provincial insolvencies, including:

Manufacturing

  • Prendiville Corporation & Prendiville Industries (BIA proposal/receivership – counsel to secured lender)
  • Modern Acrylic (receivership – counsel to secured lender)
  • Composites Innovation Centre (bankruptcy & BIA proposal – counsel to trustee)
  • British Bazaar and British Confectionary (receivership – counsel to purchaser)
  • Nygard group (BIA proposal/receivership – counsel to contingent creditor)
  • 5274398 Manitoba Ltd. (BIA proposal – counsel to debtor)

Agricultural

  • Globeways Canada Inc., Global Grains Canada Ltd. and Canpulse Foods Ltd. (counsel to receiver/bankruptcy trustee)
  • Lehmann (family farm protection application – counsel to secured creditor)
  • Rainbow Colony of Hutterian Brethren (counsel to monitor/interim receiver)
  • Corner Equipment (BIA proposal – counsel to operating lender)
  • Taylor Bros. Farm Ltd. and Edwin Potato Growers Ltd. (counsel to court-appointed liquidator)
  • R & S Farms Ltd.
  • Goforth (family farm protection application – counsel to secured creditor)

Retail/Restaurants

  • The Winning Combination Inc. (receivership – counsel to receiver)
  • 6106234 Manitoba Ltd. (receivership – counsel to receiver)
  • 7537281 Manitoba Ltd. (bankruptcy – counsel to secured creditor)
  • 7113129 Manitoba Ltd. (bankruptcy – counsel to secured creditor & trustee)

Construction

  • Winmar (Canada) International (receivership – counsel to secured creditor)
  • Sundance Construction and Safety (private receivership/bankruptcy – counsel to secured lender & trustee)

Other

  • 5448124 Manitoba Ltd. (receivership – counsel to secured creditor)
  • 5651795 Manitoba Ltd. (bankruptcy – counsel to secured creditor)
  • Carillion Canada Holdings Inc. et al (CCAA – counsel to Manitoba Hydro)
  • 390 Assiniboine Ave. Inc. (counsel to court-appointed receiver)
  • Fox Tail Hauling (receivership – counsel to receiver)
  • Bissett Gold Mine (counsel to lender)
  • Counsel to various corporate debtors in private restructuring activities

Pension

  •  Workers Compensation Board (Saskatchewan) (counsel to plan sponsor)
  • Canadian Wheat Board (counsel to plan sponsor)
  • City of Winnipeg Pension Plan (counsel to retirees)
  • Dominion Bridge Inc. (counsel to trustee in bankruptcy)
  • Saan (counsel to plan trustees)
  • Chair, Insolvency Law Section, Canadian Bar Association (2022-present)
  • Council Member, Insolvency Law Section, Canadian Bar Association (2016-present)
  • Member, Insolvency Institute of Canada (2020-present)
  • Member, Membership Committee, Insolvency Institute of Canada (present)
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
  • Board of Directors, International Women’s Insolvency & Restructuring Confederation (2021-present)
  • Committee Member, On-the-Vine Conference Committee, International Women’s Insolvency & Restructuring Confederation (2022-present)
  • Member, International Women’s Insolvency & Restructuring Confederation (2018-present)
  • Member, Advocacy and Government Relations Committee & Communications Committee, Canadian Bar Association Pensions and Benefits Law Section (2017-2022)
  • Director, Board of Directors, Canadian Pension & Benefits Institute (Manitoba, 2019-present)
  • Council Member, Canadian Pension & Benefits Institute (Manitoba, 2018-present)
  • Committee Member, Model Form Order

Insolvency & Restructuring

  • Panellist, Insolvency Institute of Canada Future Leaders Conference (Calgary, October 2023)
  • “Restructuring Proceedings: Who Should be Driving the Bus?” Annual Review of Insolvency Law Conference (2022)
  • “Zombie Companies Arise!” Annual Review of Insolvency Law (2022)
  • “Show Me The Money! Compromises, Creditors and Claims,” Insolvency Institute of Canada Conference (2021)
  • “The Art of Marshalling: The Good, the Bad and the Potential,” Journal of the Insolvency Institute of Canada (2021)
  • “What to do… What to do… Ethical Considerations in Insolvency Practice,” Insolvency Law Conference, Canadian Bar Association (2019)
  • “Insolvency Cross-Country Update,” Canadian Bar Association Webinar (2019)
  • “Introduction to Proposal & Bankruptcy,” Client presentation (2019)
  • “Introduction to Insolvency Law,” Canadian Bar Association Webinar (2018)
  • “E-Filing,” Manitoba Bar Association (2018)
  • “National Model Orders,” Pan-Canadian Insolvency & Restructuring Conference, Canadian Bar Association (2017)
  • “Considerations When Facing the Insolvency of a Business,” MBA Mid-Winter Conference (2017)
  • “Insolvency, Restructuring & Your Practice” (2016)
  • The Law Society of Manitoba (2011; 2012; 2015)
  • Canadian Association of Insolvency and Restructuring Forum (2009; 2011; 2012; 2015; 2017)

Pension & Benefits

  • “Hot Legal Topics in Pension and Benefit Administration,” Canadian Pension & Benefits Institute Fundamentals (2019; 2020; 2021)
  • “A Cautionary Tale: Litigation Investigator Appointed in Sears Matter,” Pensions and Benefits Section, Canadian Bar Association (2018)
  • “The Future of Pension Plans in Canada,” Canadian Pension & Benefits Institute (2018)
  • “Pensions & Benefits in Mergers & Acquisitions” (2018)
  • “Communicating with Employees & Plan Beneficiaries,” Manitoba Labour & Employment Seminar (2017)
  • International Foundation of Employee Benefit Plans (2015)
  • Named a Leading Lawyer, Insolvency (Financial Restructuring), Canadian Legal Lexpert Directory
  • Recognized as a Top Lawyer, Insolvency and Financial Restructuring, Best Lawyers (2013-present)