Ogilvie LLP
1400 Canadian Western Bank Place
10303 Jasper Avenue
Edmonton, AB T5J 3N6
Phone: (780) 421-1818
Fax: (780) 429-4453
Email: info@ogilvielaw.com
INSOLVENCY & RESTRUCTURING
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.
The lawyers in our Insolvency and Restructuring group have extensive experience in acting for corporate and individual debtors, secured and unsecured creditors, as well as insolvency professionals such as trustees and receivers. The types of matters in which we regularly represent clients range from simple collections and personal bankruptcy matters to complex restructurings under the Companies' Creditors Arrangement Act (CCAA) and the Bankruptcy and Insolvency Act (BIA).
Our Insolvency & Restructuring group is led by Kent Rowan, who has over 25 years of experience as an insolvency lawyer and commercial litigator. Kent has been recognized by the publication, The Best Lawyers in Canada, as being at the top of his field in the area of insolvency and financial restructuring. A testament to Kent's reputation within the legal community is the fact that he is frequently entrusted with the valued clients of lawyers at other law firms, either when those lawyers have a conflict and are unable to act, or alternatively, when those lawyers require specific expertise in the areas of insolvency and restructuring.
Examples of Current and Past Engagements
- 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
Areas of Insolvency and Restructuring Practice
- 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
