Situations involving insolvency and financial difficulty require expert and decisive action. The ability to apply experience, strategy and creativity in a timely manner can be the deciding factor in the protection of your business and personal interests. We are common sense, business-focused lawyers experienced in the economic and timely resolution of commercial and lending disputes through determined negotiation in the boardroom and, if necessary, litigation in the courtroom.

Situations involving insolvency and financial difficulty require expert and decisive action. We have extensive experience acting for corporate and individual debtors, secured and unsecured creditors, as well as insolvency professionals such as trustees and receivers. We represent clients from simple collections and personal bankruptcy to complex restructuring under the Companies' Creditors Arrangement Act (CCAA) and the Bankruptcy and Insolvency Act (BIA).

  • Counsel to a significant equipment lessor in the CCAA proceedings of a company providing construction and overburden removal services to oil sands producers operating in the oil sands industry (~$300 million restructuring)
  • Counsel to the Monitor in the CCAA proceedings of a publicly traded, integrated company involved in the manufacture and sale of modular homes and the manufacture, rental and transport of portable industrial accommodations (~$40 million restructuring)
  • Counsel to the liquidator of a large Alberta-based investment real estate portfolio (~$15 million restructuring)
  • Counsel to the lead secured lender (a chartered bank) in the CCAA proceedings of a prominent construction equipment rental company
  • Counsel to a high net-worth individual in multiple proceedings that led to the eventual dismantling of a high-profile Alberta business empire

Practice Area of Focus

  • Advising on early stage financial and operational restructurings
  • Informal, consensual workouts and restructurings
  • CCAA and BIA proposal proceedings (formal restructuring proceedings)
  • Bankruptcy, receivership and liquidation proceedings
  • Insolvency related issues arising under related legislation such as business corporations, personal property security, builders' lien and assignment & preferences
  • Foreclosures (acting for both mortgagees and mortgagors)
  • Enforcing and realizing on guarantees and security
  • Negotiating forbearance and accommodation arrangements (acting for both borrowers and lenders)
  • Advising on security enforceability and priorities between creditors
  • Advising on insolvency risks in structured transactions
  • Advising on the mitigation of lender liability issues
  • Assessing and advising on the liability of directors of insolvent companies
  • Acquisition and disposition of business and assets in insolvent circumstances

 

We earn our clients' confidence by
providing the personalized service they
deserve, and have come to expect.