Debt Collection & Foreclosure
MLT Aikins possesses an established and comprehensive debt collection services department, which focuses on all areas of creditors’ rights – from simple collection matters to the most complex and sophisticated foreclosure and litigation proceedings. Our debt recovery team consists of highly skilled lawyers, paralegals and assistants in our Manitoba, Saskatchewan, Alberta and British Columbia offices, providing a full range of collections, foreclosures, creditor litigation and advising services.
- GMAC LeaseCo Limited v. Minister of National Revenue, 2002 SKCA 6, represented GMAC successfully against Canada Revenue Agency in relation to a priority dispute over title to leased vehicles.
- Whitefox Air Inc. v. Gunderson, 2009 SKPC 112, 2010 SKQB 251, 2011 SKQB 411, 2013 SKCA 105, successfully represented owner of aircraft in priority/ownership dispute with former CEO.
- Counsel for Weyburn Inland Terminal Ltd. in a Plan of Arrangement pursuant to Section 186.1 of The Saskatchewan Business Corporations Act and disputes with a dissident group of shareholders, 2013 SKQB 2090, 2014 SKQB 46, 2014 SKQB 157.
- Counsel for Cargill Canada Ltd. in a construction lawsuit related to delays and cost overruns that was successfully settled at pre-trial conference; see 2010 SKQB 231 for successful Summary Judgment defence.
- Counsel for commercial landlords and purchasers on several occasions in disputes with tenants or sellers regarding leases, options and agreements for sale, including Bryndan Holdings, 2003 SKQB 121; Royop Corporation, 2007 SKQB 86; Harvard Developments Inc., 2012 SKQB 73, 2012 SKCA 102; Cowessess TLE Holdings Inc., 2013 SKQB 65, 2013 SKQB 234, 2014 SKQB 234; 101090442 Saskatchewan Ltd., 2013 SKQB 112, 2014 SKCA 6.
- Counsel for several lenders and creditors in foreclosure, collection and receivership matters, including banks, financial institutions and other public and private lenders and creditors; led a team of lawyers and paralegals in pursuit of creditors’ rights in commercial, residential and farm lending scenarios: TD Bank 2000 SKQB 396; CIBC 2003 SKQB 136; CIBC 2004 SKQB 168; TD Bank 2005 SKQB 95; PMCI 2007 SKQB 185; TD Bank 2009 SKQB 253.
With a number of team members bringing several decades of skill and experience in the areas of foreclosure and debt recovery work, we have developed a fully-integrated and efficient approach to legal collections, which consistently results in higher recoveries (as a percentage of assignments). We strive to achieve the best possible results for our clients and are committed to evolving and adapting to the economic and technological realities of the industries and geographic regions in which we practice.
By having members of the debt collection team located in each of the western provinces, not only are we armed with the benefit of a strong local presence, but our clients are also able to take advantage of our extensive knowledge of each region’s business and legal landscapes. We intentionally structured our debt recovery team in this manner so that our clients can capitalize on the depth of experience that MLT Aikins possesses – as well as the synergies that exist between each of our offices and practice groups.
Our client base is comprised of major financial institutions, automobile and equipment financiers, finance and leasing companies, credit unions, mortgage insurers, debt buyers, collection agencies as well as various other commercial clients. While all clients are similar in the pursuit of maximizing recoveries, MLT Aikins recognizes that each client is distinct with its own challenges and specific requirements. As such, we leverage our well-rounded and expansive group of lawyers, paralegals and assistants to structure a network of professionals equipped to meet each client’s unique needs in an efficient and cost-effective manner.