Acting for lenders and creditors

• Representing a credit union in an application to appoint a receiver over a number of retirement residences
• Representing the debenture trustee in a Companies Creditors Arrangement Act application by a publicly traded cannabis company with operations in the U.S.
• Representing a mortgagee in a contested Companies Creditors Arrangement Act application by a cannabis company and a subsequent receivership.
• Representing a lender to a company operating multiple rooftop solar farms, including negotiating a forbearance agreement, dealing with a priority dispute with a subordinate lender, and assigning rooftop leases and contracts with the Independent Electricity System Operator.
• Representing a lender in a fraudulent conveyance action, including bringing an urgent motion for a certificate of pending litigation in order to prevent a sale of the property which was fraudulently transferred.
• Representing a secured creditor in a contested appeal of a trustee’s disallowance of the creditor’s proof of claim.
• Representing a creditor in a contested bankruptcy application, including a one-day trial before the Honourable Justice Brown (now a Court of Appeal Judge).
• Representing a secured creditor with a floor plan financing portfolio in a number of urgent applications to appoint receivers to protect inventory secured by the credit.
• Representing a commercial lender in proceedings to appoint a receiver over multiple pharmacies including a motion to add further parties upon discovering that one of the locations had been leased to a related party.
• Acting for institutional lenders in multiple applications to appoint receivers and to recover leased property.

Acting for receivers and trustees in Bankruptcy

• Representing the proposal trustee of the estate with significant tax liabilities and substantial assets located in China.
• Representing the receiver of a 20-acre quarry including negotiating a non-exclusive listing agreement with a real estate agent, assisting the receiver with establishing a sales process, drafting loan and security documents for a vendor take back mortgage granted to the purchaser of the property, and negotiating various forbearance agreements with the purchaser.
• Representing a receiver of a commercial real estate property in highly contentious proceedings that included multiple court attendances to recover missing equipment and a contested motion which challenged the priority of the Receiver’s Charge for its fees and its counsel fees which was appealed unsuccessfully by the objecting creditor to the Court of Appeal.
• Acting for a proposal trustee in a contested hearing to approve a final statement of receipts and disbursements.
• Representing a trustee in bankruptcy in a contested motion pursuant to Section 38 of the Bankruptcy and Insolvency Act to assign a cause of action, including attending at numerous meetings of inspectors and creditors and seeking terms and conditions to protect the interests of the Estate.
• Representing a receiver of a music store in Windsor including bringing an urgent motion in Windsor to permit access to a second retail location where property subject to the receivership order was believed to be located.
• Representing a trustee in bankruptcy in a contested motion to settle the Bankrupt’s interest in a matrimonial home.
• Representing receivers in motions to approve sales processes, transactions and distributions and generally advising receivers with respect to the administration of insolvent estates.

Other cases

• Acting as lead counsel to a content creation company filing a proposal under the Bankruptcy and Insolvency Act.
• Acting for numerous debtors, including publicly traded companies, negotiating forbearance agreements with lenders.
• Acting as co-counsel to a purchaser in Companies Creditors Arrangement Act proceedings involving a shipping company in a weeklong claims bar process to assess maritime liens.
• Representing the directors of a bankrupt corporation in negotiations with the Canada Revenue Agency with respect to director’s liability for unremitted source deductions and unremitted H.S.T.
• Representing a deposit insurer in the investigation of an insolvent credit union, including conducting a multi-day examination of the directors and other key employees of the credit union to ascertain the cause of the credit union’s insolvency.
• Advising a family lawyer with respect to the insolvency aspects of a separation agreement.