Insolvency & Restructuring

We have acted as counsel to debtor companies in restructuring assignments under the Companies’ Creditors Arrangement Act (the “CCAA”) and Division I of Part III of the Bankruptcy and Insolvency Act (the “BIA”) in more than 40 cases, together with a broad and comprehensive range of lender appointments, court receivership and recovery mandates, bankruptcy cases, liquidations and assignments for other key stakeholders.

Our insolvency and restructuring lawyers have a unique understanding of the importance of consensual outcomes and problem solving in preserving asset value and driving positive results for clients. If it is necessary to “let the Court decide,” we will do that (but only after all reasonable opportunities for a consensual settlement have been fully explored).

We have represented parties in complex restructuring proceedings under the BIA, the CCAA and their American equivalents across Canada and into the United States. Our lawyers have successfully completed assignments in the manufacturing, energy, aviation, real estate, agribusiness, film and television, hospitality, transportation, telecommunications, fish processing, construction, forest products, mining and pulp and paper industries. We have experience in representing companies in financial distress, senior lenders, secondary lenders, court-appointed officers, trustees, receivers, shareholders, directors, suppliers, landlords and others in a wide variety of insolvency and restructuring mandates.

Our insolvency and restructuring lawyers have many years of experience among them in agricultural enforcement and restructuring. We are very well acquainted with the application of (and interaction between) the BIA, the CCAA, the Farm Debt Mediation Act, The Saskatchewan Farm Security Act (the “SFSA”) and the specific farm protection Acts of other provinces. Our firm argued the interaction between section 243 of the BIA (receivership provision) and Part II of the SFSA (mandatory mediation provision) before the Supreme Court of Canada in Attorney General of Saskatchewan v. Lemare Lake Logging Ltd. on May 21, 2015. It is the leading Canadian case on the issues.

Our insolvency and restructuring lawyers have appeared before Superior Courts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and New Brunswick as well as the Federal Court and Supreme Court of Canada.

• Counsel to Pricewaterhousecoopers Inc. in its capacity as receiver of 1905393 Alberta Ltd. (2019)
• Appointed by Supreme Court of Canada as amicus curiae counsel in Attorney General of Canada v. Lemare Lake Logging Ltd., argued before the Supreme Court of Canada May 21, 2015 (judgment reserved), a significant insolvency case exploring the intersection of section 243 of the BIA and The Saskatchewan Farm Security Act (2015)
• Counsel to San Gold Corporation (BIA Proposal)
• Co-counsel to Arctic Glacier Inc. (CCAA)
• Counsel to secured lender in receivership of a Saskatchewan grain handling company and associated specialty grain company (2015)
• Counsel to Senior Lender – The Puratone Corporation (CCAA)
• Counsel to Arctic Beverages Ltd. (BIA Proposal)
• Counsel to Saskatchewan oilfield equipment manufacturer in CCAA restructuring (2015)
• Counsel to Senior Lender – 6354581 Manitoba Ltd (Lapointe RV) (Court Receivership)
• Counsel to Senior Lender – McNally Robinson Booksellers (BIA Proposal)
• Counsel to Saskatchewan construction company in restructuring under Division I of Part III of the BIA (2015)
• Counsel to Lender – Paletta & Sons Hotels Ltd (Court Receivership)
• Counsel to Receiver – EQ3 Group (“National” Receivership)
• Counsel to Saskatchewan modular home manufacturer in restructuring under Division I of Part III of the BIA (2014-2015)
• Counsel to Group – Wilson Auto Electric Group (CCAA)
• Counsel to Group – Winnipeg Motor Express Group (CCAA)
• Counsel to proposal trustee in Division I BIA restructuring of Manitoba food and beverage distributor (2014)
• Counsel to Group – DeFehr Furniture Group (CCAA)
• Counsel to Lender – Malcom Construction Limited (Receivership)
• Counsel to secured creditor in Saskatchewan receivership of real estate developer (2014)
• Counsel to secured creditor in CCAA restructuring of one of Canada’s three largest commercial hog production companies, a Manitoba company with 41 facilities and an aggregate debt of $111 million (2012)
• Counsel to court-appointed receiver – Isobord Enterprises Inc.
• Counsel to receiver/trustee – Warehouse One Ltd.
• Counsel to Alberta technology company in successful restructuring commenced under Division I of BIA and converted into successful CCAA proceeding (2012-2013)
• Counsel to secured creditor in New Brunswick CCAA proceedings by international mineral drilling companies operating in Canada, Mexico, Mongolia and Russia (2012-2013)
• Counsel to investor/lender – Minds Eye Entertainment Ltd.
• Counsel to lender/receiver – The Tanbridge Group
• Counsel to court-appointed receiver in receivership of printing company in Manitoba (2011)
• Counsel to court-appointed receiver and monitor in receivership and CCAA proceeding involving the successful restructuring of a group of real estate and property management companies (2010)
• Counsel to court-appointed receiver in receivership of a hotel (2010)
• Counsel to Big Sky Farms in successful CCAA restructuring of approximately $100 million in secured and unsecured debt in Saskatchewan, Manitoba and Iowa (2010)
• Counsel to Lender – Bissett Gold Mine (Court Receivership)
• Counsel to numerous corporate debtors/shareholders in private restructuring activities
• Counsel to secured lender in obtaining court appointment of receiver of construction company in Yukon Territory (2009)
• Counsel to landlord of publicly-traded energy company in CCAA proceedings in Alberta (2009)