With offices in five provinces, Miller Thomson’s Insolvency and Restructuring Group has the extensive coverage, depth and experience necessary to advise and assist clients across the full range of insolvency proceedings, including national and international financial reorganizations. We act for Canadian and foreign banks, wholesale financiers, insurance companies and other financial institutions, bankruptcy trustees, receivers, liquidators, pension fund trustees, creditors and landlords. While we are routinely asked to represent major stakeholders in Canada’s largest insolvency matters and have been involved with some of Canada’s most complex insolvency matters, our Group can handle a wide range of issues for different clients.
Our Group also works closely with other specialty groups within the firm, and can draw on expertise in areas such as securities, environmental, pensions and benefits, commercial litigation, mergers & acquisitions, and purchase and sale of assets.
We actively participate in the Insolvency Institute of Canada, Insolvency subsections of the Canadian Bar Association and INSOL International. Our members are regularly asked to lecture at meetings of professional organizations, and have authored many books and articles.
- Court-appointed representative counsel for the Ad Hoc Committee representing investors holding approximately $2 billion of non-bank sponsored Canadian Asset Backed Commercial Paper (ABCP) in responding to the freeze in trading in the $32 billion ABCP market beginning in August, 2007 and the subsequent reorganizational plan under the Companies’ Creditors Arrangement Act (CCAA). Counsel on several critical reported decisions on the ABCP restructuring which has been called “the largest and by far the most complex restructuring in Canada’s history” (American Lawyer Magazine).
- Representing the court-appointed receiver of Tiercon Industries Inc., a major international automotive parts supplier
- Represented Cu-Connect, a company providing Internet switching services to credit unions and other financial institutions, as well as automatic teller machine services, in its reorganizational proceedings under the CCAA
- Represented GE Capital Corporation in the international insolvency of the Calpine Group
- Court-appointed representative counsel for the Ad Hoc Committee of Tort Claimants in the international insolvency of the Muscletech group of companies pursuant to the CCAA and Article 15 of the United States Bankruptcy Code
- Representing a group of major Canadian airport authorities in the Air Canada CCAA restructuring
- Representing two major Canadian banks in the Air Canada CCAA restructuring
- Representing a major Texas-based telecom company in the CCAA restructuring of Teleglobe
- Representing a major Canadian Bank in the cross-border Restructuring of the Laidlaw group of companies
- Acting for the Bankruptcy Trustee of Bre-X Minerals including obtaining Mareva injunctions and coordinating collection activities in several foreign jurisdictions
- Acting for a secured creditor of Solvex, a U.S. / Canada cross-border reorganization
- Representing the agent for the liquidator in the Sovereign Life Insurance Company liquidation
- Representing a variety of stakeholders, including a pipeline company, a gas marketer, joint venturers, and secured creditors in the CCAA restructurings of Blue Range Resources Corp. and FracMaster
- Acting for the biggest single creditor organization in the Confederation Life liquidation—the largest insurance company liquidation in North American history
- Advising a significant landlord in the Eaton’s / Dylex / Dalmy’s CCAA restructurings and other major retail CCAA and BIA reorganizations
- Acting for the Government of Québec and Héma-Québec in the CCAA proceedings by the Canadian Red Cross Society
- Acting for the Government of Newfoundland in Royal Oak Mines’ CCAA proceedings
- Acting as Alberta counsel for the noteholders of Hurricane Hydrocarbons and the Creditor Committee of Smokey River Coal, current CCAA restructurings
- Representing the British Columbia and Ontario Governments in the Canadian Airlines restructuring
- Representing the British Columbia Government in the Skiing Louise restructuring
- Representing the purchaser of an operating subsidiary of American Eco in the American Eco restructuring
- Representing the pension fund administrators or custodians in many major Canadian insolvencies
- Representing banks, life insurance companies and other financial institutions in many major receiverships and reorganizations
- Advising receivers and bankruptcy trustees in many major corporate administrations
Miller Thomson recognized in 2017 Canadian Legal Lexpert Directory
In the recently released 2017 edition of the Canadian Legal Lexpert® Directory, 79 Miller Thomson lawyers across 30 areas of law have been recognized for their industry-leading advisory expertise. These latest rankings are the culmination of an extensive annual peer...
Hubert Sibre joins Miller Thomson’s Montréal team
Miller Thomson LLP is proud to announce that senior commercial and insolvency litigator Hubert Sibre has joined the firm’s Montréal office as partner. This latest addition to Miller Thomson’s growing Montréal team broadens the firm’s corporate finance, securities and commercial...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....
Miller Thomson advises on USD 6 billion oil and gas merger
Miller Thomson, along with two American firms and a Canadian firm, are advising on a USD 6 billion oil and gas merger that will create the largest producer in North Dakota’s Bakken Shale formation. Gregory Smith, Kevin Sorochan, Lyne Gaulin,...
Miller Thomson joins Lexis Practice Advisor
Nine Miller Thomson lawyers have partnered as contributors to Lexis Practice Advisor Canada, an online resource for lawyers that packages current how-to expertise in dealing with transactions, from the routine to the most complex. Recently launched by LexisNexis Canada, the...
Miller Thomson recognized in Chambers Global 2013
Ten Miller Thomson lawyers and three practice groups (Labour and Employment, Environmental and Insolvency and Restructuring) were recommended in this year’s Chambers Global ranking of the world’s leading lawyers. Each year, Chambers Global ranks approximately 60 Canadian law firms and...
Hubert Sibre will be presenting on insolvency at the OpenForumOuvert
Hubert Sibre will be presenting on insolvency at the OpenForumOuvert conference taking place at the Omni Mont-Royal Hotel in Montréal.
Kyla Mahar is a panelist at the Commercial List Users’ Committee/OBA Insolvency Law Section/OAIRP Educational Program, Annual Retreat and Reception
Kyla Mahar is a panelist at the Commercial List Users’ Committee/OBA Insolvency Law Section/OAIRP Educational Program, Annual Retreat and Reception in Richmond Hill Golf & Country Club. The focus of the discussion will be “For Consideration: Equitable subordination and Substantive...
Rick Reeson chairs the Personal Property Security and Debt Recovery Essentials program
Jeffrey Carhart speaks at insolvency law conference
Jeffrey Carhart speaks on a panel on “Banking on the Future” at the 13th Annual Review of Insolvency Law Conference.
Gord Plottel presents “Bankruptcy: Its Interplay with Property and Support Issues under the Family Law Act” at the Trial Lawyers Association of BC’s Family Act seminar.
Click here to read the paper.
Jeffrey Carhart chairs LSUC seminar “Practice Gems: Bankruptcy, Insolvency, and Receivership Essentials”
Date: Wednesday, March 19, 2014 (9:00 AM – 12:00 PM) Location: Donald Lamont Learning Centre, 130 Queen Street West Chair: Jeffrey Carhart, C.S. Speakers to include: Jeffrey Carhart, C.S., and Craig Mills One thing is certain—with the economy still on shaky ground,...
Maurice Fleming will be presenting on Recent Developments in PPSA Case Law at the The 14th Annual Course on Perfect Your PPSA Skills
Click here to find out more.
Jennifer Quick co-chairs the OBA’s Insolvency Law: A View from the Bench.
Stephane Hébert will speak on “Allocation of Costs and Super Priorities in Insolvency” during the CAIRP (The Canadian Association of Insolvency and Restructuring Professionals) Insolvency and Restructuring Forum in Montreal.
Rick Reeson chairs and Brian Kaliel panels the Alberta Law Conference 2011’s Bankruptcy/Insolvency Session
Claims and Disputes Management in the Construction Industry
Louis Michel Tremblay and Michel La Roche deliver a presentation entitled “Les particularités à considérer dans le cadre des dossiers d’insolvabilité en construction” (The aspects of insolvency matters in the construction industry) at the 2014-2015 edition of the Advanced conference...
The Edmonton Office is hosting an Executive Breakfast Seminar on Directors Duties, Obligations and Risks in “The Vicinity of Insolvency” and Environmental Liability on Thursday, October 1
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,...
( Available in French only )
Les délais dans un dossier de faillite : en conformité ou pas avec le droit civil?
Les délais sont d’une importance primordiale dans le cadre de procédures judiciaires. Le défaut de les respecter peut impliquer le rejet d’une action. Dans l’affaire 9190-0753 Québec Inc. (Syndic de), 2016 QCCS 1983 (29-04-2016), le juge Stephen W. Hamilton a...
Planes, Leaves and Appeals: Appeals Under Section 193(c) of the Bankruptcy and Insolvency Act
“An appeal”, explained one of my law school professors as he stretched out his arms, “is like taking off in a plane. Unless you understand the rules of physics, you won’t get the plane off the ground, no matter what grade of jet...
Receiver v. Lessor: Who Gets the Equipment? Limitations on Property Under a Receiver’s Control
Court appointed receivers commonly assume control over all of a debtor’s property. In assuming that control, the receiver may collect various pieces of the debtor’s leased equipment, and include that equipment in a sale of the debtor’s assets. Further, the...
Stopping the Revolution in its Tracks: The Supreme Court of Canada Decides Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd.
On November 13, 2015, the Supreme Court rendered its decision in Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd. (2015 SCC 53) (“Lemare Lake”). A copy of the Court’s decision is available here. The majority overruled the Saskatchewan Court of Appeal...
An inside look into the recent amendments to the Ontario PPSA Location of the Debtor Rules
On December 31, 2015, amendments (enacted in 2006) to the conflicts of law rules in the Ontario Personal Property Security Act (“PPSA”) will be proclaimed into force. In order to perfect security in certain types of collateral, these new rules...
Repealing the Five Year Cap on Ontario PPSA Registrations for “Consumer Goods” Collateral: Good News for Lenders and Lessors
Ontario Bill 91, An Act to implement Budget measures and to enact and amend various Acts, received Royal Assent on June 4, 2015. The official short title of the legislation is the Building Ontario Up Act (Budget Measures), 2015 (the “Budget...
A Welcomed Wind of Change: Quebec Introduces Changes to the Regime for Taking Security in the Context of Syndicated Lending
With the passing of An act mainly to implement certain provisions of the budget speech of June 4, 2011 and return to a balanced budget in 2015-2016 (the “Act”) in the spring of 2015, the Government of Quebec introduced, among other things,...
Changes to the Guarantees Acknowledgement Act (Alberta)
Until now, Alberta law required that a personal guarantee be executed with the assistance of a notary public. Effective April 30, 2015, a notary public can no longer execute the certificate required by Alberta law. The certificate must be executed...
Lease Deposit Characterized as Security Interest: Summary of Alignvest Private Debt Ltd v Surefire Industries Ltd.
In the context of a tenant’s bankruptcy, Justice Romaine of the Alberta Queens Bench recently characterized a deposit provided under a lease as a security interest, as opposed to pre-paid rent, forcing an unsecured landlord to remit the money to...
Ernst & Young concludes mandate as receiver of insolvent Stomp Pork Farms
Counsel to Ernst & Young Inc.
AlliedOne Industrial acquires assets of 2Source Manufacturing
Counsel to AlliedOne Industrial Inc.
BC Court of Appeal limits scope of property under receiver’s control
Counsel to Mercedes-Benz Financial Services
Saskatchewan real estate companies in CCAA proceedings
Counsel to Firm Capital Corporation, a major secured lender to the applicants
Saskatoon-based health sciences companies placed into receivership
Counsel to a major creditor and contracting party to the Phenomenome companies
Ernst & Young appointed receiver and manager of insolvent M&L General Contracting Ltd.
Counsel to Ernst & Young Inc.