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bankruptcy and restructuring litigation

Our insolvency and restructuring litigators have extensive experience representing a wide range of domestic and foreign clients in complex restructurings arising under the Companies' Creditors Arrangement Act and the Bankruptcy and Insolvency Act. Working closely with commercial lawyers in our Corporate Restructuring Group, we have played a leading and innovative role in many of the major restructurings in Canada in recent years. In addition to our experience acting as counsel on restructurings, we are experts in security enforcement, court-appointed receiverships and litigating commercial disputes that arise in a bankruptcy, insolvency or receivership context.



Publications / Presentations
March 2012
the doctrine of marshalling does not apply in the Province of Quebec, but then again…
corporate restructuring bulletin
April 2011
demanding repayment of loans and reasonable notice – back to the future
Restructuring & Insolvency Bulletin
2011
The Role of the Courts in Reorganizations under the BIA and CCAA
The Federated Press, Insolvency Masterclass, 2010 and March 2011
February 2011
Supreme Court Weighs in on the Battle of the Security Regimes: Canada's Highest Courts holds Unregistered PPSA Security Interest Defeats Subsequent Bank Act Security
National Banking Law Review
January 2011
Supreme Court of Canada Judgment: Limiting Crown Claims for unremitted sales taxes in CCAA cases
Corporate Restructuring Bulletin
December 2010
Les conflits entre différents créanciers garantis d'un même débiteur, le marshalling une solution ?
(Available in French only)
Conférence Insight – Les sûretés, December 9 - 10, 2010
November 2010
Supreme Court weighs in on the battle of the security regimes
Debt Products and Financial Services Litigation Bulletin
November 2010
Allocation of Restructuring Costs: Don't Be Caught By Surprise!
Corporate Restructuring Bulletin
October 2010
taking proceeds without caution
Financial Services Litigation Bulletin
October 2010
Court clarifies elements of new interim financing rules
Corporate Restructuring Bulletin
October 2010
The Best Defence is... A Good Defence
National Insolvency Review, Volume 27, Number 5
September 2010
Allocating Restructuring Costs Amongst Creditors: Don't Get Stuck Holding The Bag
Corporate Restructuring Bulletin
August 2010
time to take action
Ontario Court of Appeal Outlines the Limitation Periods Applicable to the Enforcement of Indemnities and Collateral Mortgages

Financial Services Litigation Bulletin
June 2010
The Best Defence is...a Good Defence
Financial Services Litigation Bulletin
February 2010
« La réforme du droit de la faillite et de l'insolvabilité »
(Available in French only)
Federated Press, February 23 - 24, 2010
January 2010
Supreme Court of Canada Denies Priority to Revenue Québec for Bankrupt's Unremitted Sales Taxes
Restructuring Bulletin
January 2010
An Introduction to Receiverships
The best things in life are free, but you can keep them for the birds and bees

McMillan Presentation
September 2009
when good lenders meet bad borrowers
Financial Services Litigation Bulletin
May 2009
Creditors' Use of the Oppression Remedy
Ontario Bar Association
November 05, 2008
Problems and Pitfalls in Initial CCAA Orders
Annual Commercial Insolvency and Restructuring Conference, Vancouver, B.C., Vancouver, B.C.
October 17, 2008
Current Hot Topics and Restructuring Case Law Updates
6th annual Commercial Insolvency and Restructuring Conference, Insight Information, Toronto, Toronto
Fall 2008
Canadian Business Restructuring Law: When Should a Court say 'No'?
The Banking & Finance Law Review, Fall 2008
April 2008
Insolvency Along the NAFTA Highways: What You Need to Know
Paper presented by Brett Harrison at the ABA Litigation Section Conference, April 2008