Restructuring and insolvency in Canada

Goodmans LLP

Widely recognized as the gold standard for insolvency and restructuring law in Canada, Goodmans’ practice continues to dominate the market both in terms of practice breadth and bench strength. The firm is equally adept on all sides of a restructuring or recapitalization transaction, as evidenced by its recent high-profile mandates for debtors, creditors, sponsors, lenders and court-appointed officials. The team also works alongside its top-tier corporate group to advise on distressed M&A. On the contentious front, the firm has had a hand in some of the most heavily litigated insolvencies to hit the market, including representing the monitor in the hotly-contested Nortel Networks restructuring. Based in Toronto, the group has a broad national footprint and is routinely involved in deals across Canada. Jointly led by Jay Carfagnini and Robert Chadwick, the team also has significant cross-border expertise. Also recommended are Brendan O’Neill and ‘future star’ Melaney Wagner.

Practice head(s):

Jay Carfagnini; Robert Chadwick


Other key lawyers:

Brendan O’Neill; Melaney Wagner


Testimonials

The Goodmans’ restructuring team is extraordinary; lawyers are extremely commercial, user-friendly, capable and knowledgeable. They are best in class!

Super practical, creative and dependable, Goodmans’ restructuring lawyers are very intelligent and able to add strategic value at every stage of the transaction and case.’

The Goodmans’ team is creative, smart, hardworking and easy to work with; pretty much everything you want.’

Key clients

Bellatrix Exploration Ltd.


Algoma Steel Inc.


Ernst & Young


Advanz Pharma Corp. (formerly known as Concordia International Corp.)


Sherritt International


Fairfax Financial Holdings Limited


Nuvo Pharmaceuticals Inc.


Gramercy Funds Management LLC


Alvarez & Marsal Canada ULC


FTI Consulting


PricewaterhouseCoopers (PwC)


The Province of Ontario


The Superintendent of Financial Services as Administrator of the Pension Benefits Guarantee Fund


Work highlights


  • Advised Concordia International (now operating as Advanz Pharma) on its recapitalization transaction under the Canada Business Corporations Act (CBCA), which involved $4bn of debt.
  • Advised an ad hoc committee of noteholders in Algoma Steel’s successful Companies’ Creditors Arrangement Act (CCAA) restructuring.
  • Advised Bellatrix Exploration on its recapitalization under the CBCA.
  • Advised certain investment funds, as the principal shareholders of Jupiter Resources, on the latter’s recapitalization transaction under the CBCA.
  • Represented PricewaterhouseCoopers LLP (UK), as the special managers of Carillion plc (the parent company and largest creditor of Carillion Canada), in Carillion Canada’s CCAA proceedings.

Bennett Jones LLP

Bennett Jones LLP leverages its pre-eminent oil and gas practice to stake out leading roles in energy and natural resources-related insolvencies; its strong recent run in this field includes debtor-side roles for Quicksilver Resources and NCSG Crane & Heavy Haul Services. The increasingly prominent practice group also has a solid record in the manufacturing, real estate and retail sectors. The firm's lawyers routinely act for all stakeholders in restructuring and recapitalization matters, but are perhaps best known for their expertise in creditor representations. Toronto-based Kevin Zych co-leads the national team alongside Calgary-based Chris Simard, and Sean Zweig in Toronto has been singled out as an impressive up-and-coming partner. Richard Orzy retired in 2018.

Practice head(s):

Kevin Zych; Christopher Simard


Other key lawyers:

Sean Zweig


Key clients

Board of Directors of Sears Canada


FTI Consulting Canada Inc.


Bybrook Capital


Wilmington Trust, National Association


Solus Alternative Investments


Ernst & Young Inc.


Nine Dragons Paper (Holdings) Limited


KSV Kofman Inc.


NCSG Crane & Heavy Haul Services


Contrarian Capital Management


American Roads


Syncora Guarantee


SunEdison Canada


Work highlights


  • Advised the court-appointed Monitor, Ernst & Young, in the CCAA proceedings of Stelco (formerly US Steel Canada), which involved over C$4bn of secured, unsecured and contingent creditor claims.
  • Advised the board of directors of Sears Canada in the $1.5bn CCAA proceedings of the Canadian arm of the US retail chain.
  • Represented SunEdison Canada in its CCAA restructuring proceedings.
  • Acted for the Walton Group of Companies on its CCAA restructuring.
  • Represented the Orphan Well Association in a high-profile test case discussing whether secured creditors take priority to Alberta regulators for the cost of environmental liabilities of insolvent energy companies.

Blake, Cassels & Graydon LLP

A strong performer across the country, Blake, Cassels & Graydon LLP distinguishes itself in part through its sizeable national practice, which is spread across its Toronto, Calgary, Vancouver and Montreal offices. The group also benefits from its ability to draw on other departments within the firm to manage resource-heavy, multi-disciplinary cases. In a recent example, Toronto-based national lead Pamela Huff and Vancouver group head Peter Rubin led a cross-office and cross-practice team that represented Carillion Canada in its C$5bn CCAA restructuring, which marked the first significant Canadian PPP insolvency. The team also includes highly regarded Calgary group lead Kelly Bourassa, who has an impressive record in energy-related restructurings.

Key clients

Alberta Treasury Branches


Alterna Savings and Credit Union Ltd.


Alvarez & Marsal


Cadillac Fairview


Canaccord Genuity


Carillion Canada Group


Credit Suisse


Deloitte


FTI Consulting Canada Inc.


Grant Thornton Limited


PricewaterhouseCoopers Inc.


Wells Fargo


Work highlights


  • Represented the Carillion Canada Group entities in the national CCAA restructuring of its various businesses and approximately 7,500 employees.
  • Represented Morneau Shepell, as plan administrator of the Sears Canada pension plan, in the CCAA proceedings of Sears Canada.
  • Advised the Carillion Canada Group on the sale of its power transmission business.
  • Represented Alberta Treasury Branches Oil & Gas, the secured lender of Redwater, in a constitutional challenge of certain provincial legislation when applied in the bankruptcy context.
  • Advised the Bloom Lake and Wabush Group on all aspects of its CCAA restructuring proceedings, including on the sale of its three major businesses in Quebec, and Newfoundland and Labrador.

Davies Ward Phillips & Vineberg LLP

Davies Ward Phillips & Vineberg LLP’s practice is split between its Montreal and Toronto offices, and is a popular choice among creditors, including suppliers, landlords and banks. The experienced team also routinely acts for court-appointed monitors and acquirers of distressed assets. Well known for its strong record in cross-border insolvencies, particularly US-related proceedings, the team recently acted for the court-appointed monitor in Imperial Tobacco Canada’s complex restructuring. In Toronto, Robin Schwill and Natasha MacParland are key names, while litigator Denis Ferland is recommended in Montreal.

Key clients

Target Corporation


Alvarez & Marsal Canada


PricewaterhouseCoopers Inc.


EY (Formerly Ernst & Young Inc.)


HSBC Bank Canada


FTI Consulting, Inc.


Richter Advisory Group Inc.


Crystallex International Corporation


Hale Capital Partners


The Cadillac Fairview Corporation Limited


Work highlights


  • Acted for FTI Consulting Canada, as court-appointed monitor of Imperial Tobacco Canada Limited and its affiliated corporation Imperial Tobacco Company Limited, in proceedings under the CCAA and Chapter 15 of the US Bankruptcy Code.
  • Advised Crayola Canada as creditor on Toys “R” Us (Canada)’s CCAA proceedings.
  • Represented the unsecured creditors’ committee in TK Holdings’ cross-border US Chapter 11 and CCAA proceedings.
  • Advised CIBC, as creditor, in Great Slave Helicopter’s CCAA proceedings.
  • Represented Target Corporation in the winding down of Target Canada under the CCAA.

McCarthy Tétrault

McCarthy Tétrault boasts a comprehensive national restructuring practice, which is well versed in representing debtors, creditors, financial institutions and court-appointed officials across Canada. Well known for its strength in cross-border cases, the firm regularly acts on multi-jurisdictional matters alongside US, European and other foreign co-counsels. The team has recent highlight experience in restructuring transactions involving the US and Japan. The national group is chaired by Toronto-based James Gage, who steered US Steel Canada through its successful C$4bn restructuring. Philippe Bélanger, who was retained by the Canadian Government to review and comment on legislative amendments to the Canadian insolvency regime, is the key contact in Montreal.

Practice head(s):

James Gage


Other key lawyers:

Philippe Bélanger


Testimonials

The team at McCarthys is comprised of smart people, who are easy to talk to and build a relationship with. Lawyers are client-focused and inspire trust.’

Key clients

Baiyin International Investment


Deloitte Restructuring Inc.


Ernst & Young Inc., as CCAA Monitor of Connacher Oil and Gas Limited


Ernst & Young Inc., as CCAA Monitor of OmniArch


Morneau Shepell Ltd.


RCGT, as CCAA Monitor of Aquadis


RCGT, as CCAA Monitor of Groupe LaVue


RCGT, as CCAA Monitor of Les Grands Travaux Soter


Rothmans, Benson & Hedges Inc.


Takata Corporation


Walton Global Investments Ltd. and Walton International Group (USA), Inc.


Work highlights


  • Advised Baiyin International Investment, a financial backer of Banro Corporation, on the implementation of Banro’s recapitalization plan.
  • Advised Deloitte Restructuring, as receiver and manager of Grande Cache Coal, on CST Canada Coal’s $430m purchase of the Grande Cache Coal mine.
  • Advised Ernst & Young, as court-appointed monitor, on Connacher Oil and Gas’ successful CCAA restructuring.
  • Advised Maynbridge Capital as DIP lender to BioAmber on the latter’s CCAA Proceedings.
  • Represented Morneau Shepell, the pension plan administrator of Nortel Networks, in the cross-border insolvency trial resulting from Nortel’s bankruptcy.

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP houses a prominent standalone practice, which has landed top roles in major restructurings across Canada. Best known for its formidable bondholder practice, where it recently secured central roles in the Essar Steel Algoma, Jupiter Resources and Concordia cases, the group also has a strong profile for debtor-side work. In Toronto, National group chair Marc Wasserman is widely recognized as one of the leading restructuring specialists in the market, while Michael De Lellis is recognized as a talented up-and-coming partner.

Practice head(s):

Marc Wasserman


Other key lawyers:

Michael De Lellis


Key clients

Sears Canada Inc.


The Ad Hoc Committee of Term Lenders to Essar Steel Algoma Inc.


Secured Debtholder Committee of Concordia International Corp.


Ad Hoc Committee of Secured Noteholders to Toys “R” Us


FAAN Advisors


GSO Capital Partners


Barings European Loan Limited


Alcentra Limited


Carlyle Investment Management LLC


Pacific Investment Management Company, LLC


GoldenTree Asset Management LP


Bain Capital Credit


Oak Hill Advisors


Brookfield Capital Partners/Brookfield Asset Management


Barclays Bank PLC


JP Morgan Chase


Goldman Sachs


Morgan Stanley


Royal Bank of Canada


Alvarez & Marsal


PricewaterhouseCoopers Inc.


Deloitte


FTI Canada Consulting Canada Inc.


Richter Advisory Group Inc.


Work highlights


  • Advised the DIP lenders and an ad hoc committee of term lenders in Essar Steel Algoma’s CCAA restructuring.
  • Advised the secured debtholder committee in Concordia International’s $3.7bn recapitalization transaction under the CBCA.
  • Advised the ad hoc group of unsecured noteholders in Jupiter Resources’ $1.1bn recapitalization transaction under the CBCA.
  • Advised Sears Canada on its headline CCAA proceedings.
  • Represented Atlas Healthcare (Richmond Hill) and certain of its affiliates on their in- and out-of-court refinancing and restructuring efforts.

Thornton Grout Finnigan LLP

Specialist restructuring and litigation boutique Thornton Grout Finnigan LLP maintains a leading reputation for complex and contested bankruptcies. The Toronto firm’s specialist focus has helped secure roles in high-profile cases for debtors, creditors, regulatory agencies and officers. Key figures in the practice group include Robert Thornton and DJ Miller.

Practice head(s):

Robert Thornton


Other key lawyers:

DJ Miller


Torys

Torys LLP’s close relationships with institutional clients see it regularly engaged in high-profile restructuring matters. In particular, the group dvised investors CPPIB and Fairfax Financial Holdings on several matters over the past year, including investment restructuring and distressed M&A. The group also routinely secures roles for insolvent companies, lenders and court-appointed monitors and receivers. National head Tony Demarinis has experience in restructurings, recapitalizations and distressed investments, and Scott Bomhof, whose clients include Nortel, First Capital Realty and CPPIB, is also recommended.

Practice head(s):

Tony Demarinis


Other key lawyers:

Scott Bomhof


Testimonials

An experienced team providing reasoned advice and a steady approach to restructuring cases. Their partners are generally consistent in their style and temperament, and do an excellent job of recognizing their clients’ key concerns and advocating appropriately for them.’

The restructuring group is very dependable, with practical and great technical knowledge of the area. The full-service aspects of the firm are also very helpful as we were able to draw upon the expertise of the entire Torys’ team (e.g. M&A, securities, banking and litigation) throughout the entire matter. Tony DeMarinis and David Bish are all-stars.’

The Torys team is commercial in their approach and user friendly. Scott Bomhof takes a client-focused approach, and works well with co-counsel. He is happy to strategize and also help facilitate a local counsel role.’

Key clients

The Toronto-Dominion Bank


Canada Pension Plan Investment Board (CPPIB)


Fairfax Financial Holdings


Essar Group of Companies


Brookfield Asset Management


The Cadillac Fairview Corporation Limited


Home Capital


Tarion Warranty Corporation


FTI Consulting


Clairvest


Work highlights


  • Advised Fairfax Financial Holdings on its C$300m acquisition of Toys “R” Us (Canada) in connection with the latter’s emergence from restructuring proceedings.
  • Advised Home Capital Group on successfully navigating a liquidity crisis, which included the arrangement of an emergency C$2bn loan facility with The Health Care of Ontario Pension Plan and an arrangement with an independent third party to sell or place up to C$1.5bn mortgage commitments and mortgage renewals, among other aspects.
  • Represented the Essar Group of Companies in the C$1bn insolvency proceedings of its subsidiary Essar Steel Algoma.
  • Represented the Nortel US group of companies — as co-counsel alongside US counterpart Cleary Gottlieb Steen & Hamilton — in Nortel’s protracted cross-border restructuring.
  • Represented property management company Cadillac Fairview in numerous retail insolvency matters, including Express Fashion Apparel and Nine West.

Borden Ladner Gervais LLP

Borden Ladner Gervais LLP’s restructuring practice is best known for its representation of senior secured lenders, including Canada’s leading banks, as well as secured noteholders. The group is also a popular choice for insolvency professionals, with recent mandates for each of the ‘Big Four’ accountants. In addition to its experience acting for a variety of participants, the firm’s solid platforms across Alberta, British Columbia, Ontario and Quebec is another significant differentiator. Montreal-based Marc Duchesne co-leads the team together with Toronto’s Alex MacFarlane and Calgary-based litigator Josef Krüger QC.

Key clients

Bombay & Co. Inc. And Bowring & Co. Inc.


Raymond Chabot Grant Thornton


Aviva Canada Inc.


Grant Thornton Limited


PricewaterhouseCoopers Inc.


Hydra Ventures BV


Sears Holdings and Sears Roebuck


Bank of Montreal


Ernst and Young


The Children’s Place


Ascent


Deloitte


KPMG


Royal Bank of Canada


The Bank of Nova Scotia


HSBC Bank of Canada


National Bank


CIBC


The Toronto Dominion Bank


Work highlights


  • Advised Grant Thornton, as the court-appointed receiver, in Lexin Resources’ receivership proceedings.
  • Represented PwC, as the court-appointed monitor, in BuildDirect.com Technologies’ CCAA restructuring.
  • Advised Ernst & Young, as the court-appointed monitor, on the restructuring of some of the Walton International Group of Companies.

Cassels Brock & Blackwell LLP

Cassels Brock & Blackwell LLP handles the full spread of insolvency matters, with significant capabilities in restructuring proceedings, distressed M&A, DIP lending transactions, and security enforcement issues. The group is particularly noted for its track record in representing insolvency professionals and lenders, though the full-service firm is well-equipped to advise all matter participants on national and cross-border cases. Key contacts include Toronto-based national lead Shayne Kukulowicz and up-and-coming partner Ryan Jacobs, who is dual-qualified in Ontario and New York, and is also noted in Toronto for his experience in cross-border cases.

Practice head(s):

Shayne Kukulowicz


Other key lawyers:

Ryan Jacobs


Dentons

The restructuring group at Dentons attracts a steady stream of high-profile work from lenders and accounting firms, including BMO, PwC, TD Bank and HSBC Bank. The national group combines historical strengths in British Columbia and Alberta with a growing presence in Toronto, and also has solid recent experience in cross-border cases. The department is headed by Calgary-based David Mann, while managing partner of the Vancouver office John Sandrelli is a dominant figure in BC.

Practice head(s):

David Mann


Other key lawyers:

John Sandrelli


Testimonials

‘Dentons understands the bank’s needs, documents and professional reputation in the banking industry. They assist us with maintaining that high level of professionalism on any of the activities and services they provide to us.’

The individuals we work with are responsive to our needs and understand the importance of the reputational risk to banks. They are also cognitive of providing good value for their services and will not undertake frivolous actions. They are a group of talented, ethical and experienced professionals who provide a high level of service.’

Dentons gives us timely, practical and smart advice. They are experts in the insolvency and restructuring field. We rely on them, and their advice.’

Key clients

Rokstad Power Corporation & Affiliates


PricewaterhouseCoopers Inc.


Bank of Montréal


Royal Bank of Canada


Deloitte & Touche


Alvarez and Marsal


The Toronto-Dominion Bank


Chubb Insurance Company of Canada


HSBC


Western Concord Manufacturing Limited


Work highlights


  • Advised the lending syndicate on the cross-border restructuring of Poseidon Concepts.
  • Advised Rokstad Power Corporation & Affiliates in the acquisition of the Rokstad Power Group of Companies from the Carillion Group.
  • Represented Bluberi Technologies, and its subsidiaries, in their CCAA proceedings.

Fasken

Fasken’s practice has a strong record in advising accountants and lenders on insolvency and restructuring cases, and enjoys close relationships with enviable clients such as PwC, Deloitte, HSBC Bank Canada and Royal Bank of Canada. The firm also stands out for its regional strength across all of Canada’s key centres, including Vancouver, where John Grieve QC is the name to note, and Toronto, which is the seat of global restructuring head Stuart Brotman. The firm’s signature mining practice is a significant driver of work and thus the team deep expertise in advising a variety of stakeholders on multi-jurisdictional mining-related insolvencies. Vancouver-based litigator Kibben Jackson is a talented up-and-comer.

Other key lawyers:

Kibben Jackson


Testimonials

The group has deep and broad bench strength. Kibben Jackson is pragmatic and good at consensus building.’

Key clients

PricewaterhouseCoopers Inc


Ernst & Young Inc.


Deloitte & Touche Inc.


Alvarez & Marsal Canada ULC


FTI Consulting Canada Inc.


HSBC Bank of Canada


Royal Bank of Canada


Bank of Nova Scotia


The Toronto-Dominion Bank


Bank of Montreal


Richter Advisory Group Inc.


R.C. Morris


Stern Partner Inc.


Catalyst Capital Group


Gordon Brothers Group


BDO Canada


Raymond Chabot


Work highlights


  • Advised the board of directors of Concordia International on the pharmaceutical company’s $4bn CBCA restructuring.
  • Acted as Canadian counsel to an ad hoc group of certain first lien lenders in the cross-border restructuring of Westmoreland Coal Company.
  • Advising construction company Les Grands Travaux Soter on its complex CCAA restructuring.

Gowling WLG

Gowling WLG focuses on creditor-side work, and enjoys strong relationships with major Canadian banks such as BMO and CIBC. The group is also experienced in advising court-appointed officers and debtors on national and cross-border restructurings. Tenacious litigator Clifton Prophet heads the restructuring and insolvency group in Toronto, while Derrick Tay spearheads the corporate restructuring practice.

Practice head(s):

Clifton Prophet


Other key lawyers:

Derrick Tay


Testimonials

The Gowling WLG team are real teammates when you are in a deal; they keep ahead of issues and provide very practical real-time advice. I think it is the “let’s find a way to get this done” approach that really helps their team to stand out.’

The Gowling WLG team is well respected locally for consensus building and innovative solutions.

Cliff Prophet for litigation is excellent for his ability to quickly assess situations and provide pragmatic options.’

Key clients

Canadian Imperial Bank of Commerce, Special Loans Group and Asset-based Lending Group


Bank of Montreal, Transportation Finance Group and Special Account Management Unit


Brian Denega of Ernst & Young


Grant Thornton Limited, as receiver and manager and trustee in bankruptcy of Redwater Energy Corp


Callidus Capital Corporation


Nortel Networks Corporation


Souris Mini Inc., Les Boutiques Souris Mini Inc. and Souris Mini International Inc.


MLT Aikins LLP


Work highlights


  • Advised BMO, as secured creditor, in Carillion Canada’s CCAA restructuring.
  • Represented the court-appointed monitor, Ernst & Young, in the CCAA proceedings of Essar Steel Algoma.
  • Advised Callidus, as a senior secured lender, in the restructuring of Bluberi Gaming Technology and Bluberi Group under the CCAA.

Norton Rose Fulbright

Norton Rose Fulbright is best known for representing debtors and court-appointed officers, and leverages its robust energy and mining expertise to secure a steady flow of activity in natural resources-related restructurings. It also continues to win a significant share of retail-related mandates. The national practice has strong footholds in all of Canada’s four largest commercial centres, and is also increasingly involved in US-related proceedings. The team is jointly led by Montreal-based Sylvain Rigaud and Vancouver-based Kieran Siddall, and also includes Howard Gorman QC in Calgary. In addition, younger partner Luc Morin is highlighted as ‘probably the best restructuring lawyer of his generation in Montreal’.

Practice head(s):

Sylvain Rigaud; Kieran Siddall


Other key lawyers:

Howard Gorman QC; Luc Morin


Testimonials

The team demonstrates a unique combination of technical knowledge and business acumen.’

Luc Morin is probably the best restructuring lawyer of his generation in Montreal; technically very strong with good business acumen and relationship skills. Sylvain Rigaud is a very strong professional.’

Key clients

Caisse de Depot et placement du Québec


Royal Bank of Canada


Toronto-Dominion Bank


Wells Fargo Bank


Bank of America


Bank of Montreal


Bank of Nova Scotia


Ernst & Young Inc.


FTI Consulting Canada Inc.


Alvarez & Marsal Inc.


Richter LLP


PricewaterhouseCoopers Inc.


Canadian Imperial Bank of Commerce


Board of Directors of Essar Steel Algoma Inc.


Third Eye Capital Management Inc.


HSBC Holdings Plc


Farm Credit Canada


Work highlights


  • Represented FTI Consulting Canada as court-appointed monitor in the attempted restructuring and subsequent liquidation of Sears Canada under the CCAA.
  • Represented the board of directors in the restructuring of Essar Steel Algoma.
  • Advised the court-appointed monitor in the insolvency proceedings, and eventual sale, of Bloom Lake.

Stikeman Elliott LLP

Stikeman Elliott LLP has a strong track record in out-of-court and litigious restructurings, with Toronto-based litigator David Byers widely regarded as a leader on the litigation front. The multi-disciplinary team draws on the firm’s well-staffed platforms in Canada’s four largest business centres to advise on matters across the country, and also brings to bear significant experience in US Chapter 7, 11 and 15 proceedings. Particularly well versed in advising debtors and court-appointed officers on restructurings, receiverships and bankruptcy proceedings, the team also works alongside the corporate department in distressed M&A. Elizabeth Pillon and Jean Fontaine jointly lead the group from Toronto and Montreal respectively.

Practice head(s):

Jean Fontaine; Elizabeth Pillon


Other key lawyers:

David Byers


Chaitons

Toronto-based Chaitons is an effective boutique with a strong focus on contentious mid-market restructurings and insolvency proceedings. The group routinely works alongside the firm’s litigation, corporate and finance teams, and enjoys strong relationships with Canadian and foreign financial institutions. It also acts for other secured creditors, suppliers and court-appointed officers. Harvey Chaiton is recommended.

Practice head(s):

Harvey Chaiton


DLA Piper (Canada) LLP

DLA Piper (Canada) LLP houses a compact but effective restructuring group, which is experienced in advising creditors, debtors and court officers in restructurings. The team is headed by Calgary-based Brian Davison QC, who is well known for his record in oil and gas-related cases.

Practice head(s):

Brian Davison QC


Key clients

Canadian Tire REIT


Deutsche Bank


Zeifman Partners Inc.


Catalina Developments


KSV Kofman Inc.


Toronto-Dominion Bank


RioCan REIT


Urbancorp Group of Companies


The Royal Bank


Computershare Trust Company of Canada


MNP Ltd.


Alberta Securities Commission (ASC)


Lightstream Resources Ltd


Work highlights


  • Represented two major landlords, Canadian Tire REIT and RioCan REIT, in Sears Canada’s CCAA proceedings.
  • Represented Zeifman, as court-appointed monitor and then liquidator, in the restructuring of two real estate holding and development companies.
  • Represented the Urbancorp Group of Companies in their CCAA proceedings.

Lax O'Sullivan Lisus Gottlieb LLP

Toronto-based litigation firm Lax O'Sullivan Lisus Gottlieb LLP specializes in advising on contentious bankruptcy matters. The practice group secured central roles in several high-profile restructuring cases over the past year, including being appointed as counsel to the tobacco claims coordinator in the landmark Imperial Tobacco CCAA proceedings. Matthew Gottlieb is the name to note.

Practice head(s):

Matthew Gottlieb


Key clients

Sears Canada


Nortel Networks Corp.


KingSett Capital Inc.


Canadian Overseas Petroleum Limited


Doreen Saskin


PWC Canada (PricewaterhouseCoopers LLP)


KingSett Mortgage Corporation


Douglas T. Cunningham, in his capacity as Litigation Trustee to Sears Canada


KSV Advisory Inc.


2668602 Ontario Inc. (Bowring Canada/Bombay & Co. Insolvency)


The Honourable Warren K. Winkler in his capacity as the Tobacco Claimants Coordinator in the Imperial Tobacco Limited CCAA proceeding


Work highlights


  • Appointed as counsel to Warren Winkler, the Tobacco Claims Coordinator, in the Imperial Tobacco CCAA proceeding.
  • Appointed as litigation investigator in the Sears Canada restructuring, and later appointed counsel to the litigation trustee pursuing certain claims brought on behalf of Sears Canada against certain former directors and shareholders of the company.
  • Represented KingSett Capital, as landlord in Target Canada’s CCAA proceedings, in successfully opposing the filing of a plan of arrangement and motion to schedule a creditors’ meeting to vote on the proposed plan.

Lenczner Slaght

Heavyweight litigation boutique Lenczner Slaght is highly sought after for advice on complex, contentious insolvencies. The firm has broad experience in representing creditors, debtors and court-appointed officers in court-supervised restructuring proceedings and related litigation. Peter Osborne and Matthew Lerner are the key contacts.

Practice head(s):

Matthew Lerner; Peter Osborne


Key clients

General Electric Canada


407 ETR


Ernst & Young Inc


Government of Canada


DBDC Spadina Ltd. and a series of other companies


The Directors and Officers of The Cash Store Financial Services Inc


GIP Primus, LP


The underwriting syndicate of Poseidon Concepts


Shaftsbury Films


Middleby Corporation


Work highlights


  • Represented GIP Primus and Brightwood Loan Service, as the lender interveners, in oppression proceedings brought by the monitor in Essar Steel Algoma’s CCAA proceeding.
  • Represented the creditor underwriting syndicate in Poseidon Concepts’ CCAA proceedings.
  • Represented Blue Goose Capital and Blue Goose Foods in a number of actions related to the insolvency of its subsidiary, Blue Goose Pure Foods.

McMillan LLP

McMillan LLP’s sizeable national restructuring group is composed of capable business lawyers and insolvency litigators. The team, which is well represented throughout the firm’s national network, has experience in acting for all stakeholders in insolvency-related matters, with notable expertise in the mining, energy, paper and forestry sectors. Toronto-based Waël Rostom is a key contact. Former financial services co-chair Andrew Kent left to become general counsel at Frontera Energy.

Practice head(s):

Waël Rostom