Philip Cho is a partner at WeirFoulds practicing primarily in the area of Insolvency and Bankruptcy, with a complimentary practice in Security Enforcement and Litigation. He has gained a reputation as an effective and practical advisor to his clients.
In insolvency and bankruptcy matters, Philip provides advice to debtors, creditors, trustees, monitors and receivers in the context of proceedings, disputes and transactions under the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act, and related provincial legislation, including Division 1 proposals and debtor-in-possession proceedings. Philip has also provided advice to clients in the context of informal restructuring or insolvency matters, both on the lender-side and on the debtor-side.
In addition, he is well versed at assisting his clients with matters concerning creditor rights, mortgage and personal property security enforcement, whether through direct litigation, power of sale, foreclosure or other types of enforcement proceedings. Philip also has extensive litigation experience acting for clients in breach of contract, oppression remedy, negligence, real property litigation, commercial lease disputes, and employment related matters, and has appeared before all levels of Court in Ontario. Philip is a frequent speaker having presented numerous times at the Law Society of Ontario’s Six-Minute Creditor/Debtor and Insolvency Lawyer series. He is also a frequent panelist at the Annual Conference of the International Association of Korean Lawyers, having presented in 2012 (Los Angeles), 2014 (Washington D.C.) and 2018 (Atlanta). Since 2017, Philip has co-authored four chapters in the Law Society of Ontario’s Lawyer Licensing Process Study Examination Study Materials.
Philip is also recognized for his community leadership and volunteer work. Since 2012, he has served as the Chairman of the Board for the Korean Canadian Scholarship Foundation, a registered charity founded in 1978. Philip is also a board member of the Korean Canadian Lawyers Association and served on its Executive Committee in 2005. In 2015, Philip was appointed a Regional Governor for Canada by the International Association of Korean Lawyers.
- acting for debtor (specialty supplier) in Division 1 Proposal
- acting for debtor (window manufacturing company) in Division 1 Proposal including sale of business as going concern
- acting for debtor (jewellery manufacturing company) in CCAA proceedings including multiple sale processes
- acting for debtor (logistics company) in Division 1 Proposal
- acting for court-appointed liquidator in liquidation proceedings under the Ontario Business Corporations Act, arising out of shareholder dispute
- acting for court-appointed inspector under the Ontario Business Corporations Act, arising out of sale of business
- acting on behalf of Korean garment manufacturer in major retail CCAA proceedings
- acting as representative counsel of purchasers in receivership of a Korean-heritage retirement home and long-term care facility
- successfully acted as lead counsel in commercial trial for an Ontario manufacturer against a US logistics company for the loss of copper tubing in Mexico
- successfully opposed relief from forfeiture application by commercial tenant where tenant refused to vacate premises after lease terminated
- acting on behalf of condominium developer in enforcement proceeding with respect to approval and sale of a commercial geothermal energy system
Nominated for Canadian Lawyer Magazine’s Top 25 Most Influential Lawyers, 2018
Profiled in the Federation of Asian Canadian Lawyers’ Community Leader Showcase, 2017
- Member-at-Large, Ontario Bar Association, Insolvency Law Section (2019-2020)
Called to the Bar
- Ontario (2002)
- J.D., Queen's University, 2000
- B.A. (Hons), University of Toronto
- Ontario Bar Association
- The Advocates' Society
- Federation of Asian Canadian Lawyers
- International Association of Korean Lawyers (Board of Governors)
- Korean (Conversational)
Chairman, Board of Directors, Korean Canadian Lawyers Association
OBA Law Day Volunteer (mock trial at public school), 2018