David G. Gerecke

Partner | Saskatoon

306.667.5615

Portrait of David G.  Gerecke

David Gerecke is a highly experienced business lawyer with a focus on financial services and insolvency and restructuring. He also actively practises in other business law fields such as corporate/commercial, M&A, Aboriginal business, and technology licensing.

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Getting the Deal Through – Agribusiness 2017 now available

The 2017 edition of Getting the Deal Through – Agribusiness (Law Business Research) is now available. This comprehensive guide covers the latest developments and trends, providing expert analysis and insight into agricultural laws and regulations worldwide, in a simple-to-read Q&A...

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David Gerecke elected to arts organization board

David Gerecke, a partner in the Saskatoon office of Miller Thomson, has been elected to serve on the Board of Directors of Shakespeare on the Saskatchewan. Shakespeare on the Saskatchewan has been a Saskatoon summer tradition since 1985, presenting live...

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David Gerecke speaks at the Canadian Bar Association National Insolvency Law Conference

David Gerecke will be presenting the latest interesting and impactful case law from Saskatchewan and Manitoba to the CBA National Insolvency Law Conference as part of the 2017 Cross-Canada Update.

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David Gerecke presents on How to Close a Deal: Best Practices at the Law Society of Saskatchewan Continuing Professional Development Seminar on Buying and Selling a Business on Sept. 9 (Regina) and Sept. 10 (Saskatoon).

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Another Harsh Lesson Learned Under the Farm Debt Mediation Act – This Time by a Landlord: HCI Ventures Ltd. v. S.O.L. Acres (2017 SKQB 264)

Introduction In a previous Food Web post entitled Things You May Not Know About the Farm Debt Mediation Act, we discussed several aspects of how the federal Farm Debt Mediation Act (referred to throughout as the “FDMA” or the “Act”)...

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Another Harsh Lesson Learned Under the Farm Debt Mediation Act – This Time by a Landlord: HCI Ventures LTD. v. S.O.L. Acres (2017 SKQB 264)

Introduction In a previous Communique post entitled Things You May Not Know About the Farm Debt Mediation Act, we discussed several aspects of how the federal Farm Debt Mediation Act (referred to throughout as the “FDMA” or the “Act”) operates,...

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Saskatchewan Court of Appeal confirms that emails can extend limitation periods under the Limitations Act

Earlier this year, we wrote here about the decision in I.D.H. Diamonds NV v Embee Diamond Technologies Inc., 2017 SKQB 79, where Mr. Justice Layh held: a) that the sort of informal email discussions that are commonplace in today’s business...

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A U-Turn On Priority Disputes Between Secured Creditors and Lienholders!

National Bank of Canada v. KNC Holdings Ltd.  2017 SKCA 57 In 2016, the Saskatchewan Court of Queen’s Bench rendered a decision on the priority of builder’s liens filed against certain assets under The Builders’ Lien Act (Saskatchewan)  (the “BLA”),...

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A u-turn on priority disputes between secured creditors and lienholders!

National Bank of Canada v. KNC Holdings Ltd.  2017 SKCA 57  In 2016, the Saskatchewan Court of Queen’s Bench rendered a decision on the priority of builder’s liens filed against certain assets under The Builders’ Lien Act (Saskatchewan)  (the “BLA”),...

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Receivership or CCAA? Having already given significant time, a creditor is not forced to wait longer to enforce

Affinity Credit Union 2013 v. Vortex Drilling Ltd.  2017 SKQB 228 In late July 2017, Mr. Justice Scherman was faced, for the second time in less than two years, with competing applications for CCAA and receivership orders.  For the second...

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Giving Legal Effect to Emails – Can Emails Satisfy the Requirements to Extend Limitation Periods Under The Limitations Act?

E-mail conversations are often relatively informal and the participants, especially when they are not lawyers, can take prior discussions as a “given” rather than fully and expressly repeating them to ensure they have legal effect. Recently, in I.D.H. Diamonds NV...

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Be Careful What You Ask For: What Can Happen When a Creditor Provides the Wrong Payout Figure

One of the routine things that lenders and other creditors do is respond to requests for payout amounts.  A recent Saskatchewan decision, Halpape v Bank of Montreal, 2017 SKQB 23, provides a cautionary tale for the disaster that can ensue...

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Things You May Not Know About The Farm Debt Mediation Act

National Insolvency Review, February 2017

Most or all creditors who lend to farmers will be familiar with the Farm Debt Mediation Act, S.C. 1997, c. 21 (the “FDMA”) and the need to serve a notice under the FDMA before taking action against a farmer.  However,...

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Potentially Interesting Decision on Royalty Interests in CCAA Comes Down to the “Interest in Land” Question

To date, there has been little treatment of mineral royalties in Companies’ Creditors Arrangement Act (Canada) (“CCAA”) proceedings.  Given the current weakness in the oil and gas and mining sectors, any case law that informs what assets will be available...

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GFL Environmental acquires Saskatchewan-based Regens Group

Counsel to GFL Environmental Inc.

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Leading distribution and logistics company negotiates asset-backed lending facility and real estate term and evergreen facility

Counsel to the distribution and logistics company

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Central Mine Supply acquired by Argyle Capital Partners

Counsel to Central Mine Supply Co. Ltd. and its shareholders

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Ernst & Young concludes mandate as receiver of insolvent Stomp Pork Farms

Counsel to Ernst & Young Inc.

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Schedule I bank provides credit facilities to finance acquisition of Saskatchewan insurance brokerage

Counsel to the bank

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Schedule I bank provides agricultural financing to primary producer

Counsel to the Schedule I bank

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Prince Albert car dealership sold to Wyant Group

Counsel to the seller

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Mortgage lender provides refinancing and construction financing for portfolio of apartment holdings

Counsel to an independent real estate lender

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Saskatchewan real estate companies in CCAA proceedings

Counsel to Firm Capital Corporation, a major secured lender to the applicants

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Schedule I bank provides agricultural financing to poultry producer

Counsel to the Schedule I bank

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