Restructuring & Insolvency

With offices in five provinces, Miller Thomson’s Restructuring and Insolvency 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.

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Miller Thomson recognized in 2018 Canadian Legal Lexpert Directory

In the recently released 2018 edition of the Canadian Legal Lexpert® Directory, 90 Miller Thomson lawyers across 35 areas of law have been recognized for their industry-leading advisory expertise.  These rankings are the culmination of an extensive annual peer review process...

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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...

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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...

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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....

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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,...

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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...

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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...

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Hubert Sibre co-chairs the Journée stratégique sur le financement et les sûretés by Open Forum Ouvert

Hubert Sibre will co-chair the Journée stratégique sur le financement et les sûretés, organized by Open Forum Ouvert (in French only) at the Hyatt Regency Montreal. He will also give the Conference “Fonds de Capital-Investissement : tendances et nuances”, together with Geneviève...

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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.

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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...

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Rick Reeson chairs the Personal Property Security and Debt Recovery Essentials program

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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.

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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.

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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,...

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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.

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Rick Reeson chairs and Brian Kaliel panels the Alberta Law Conference 2011’s Bankruptcy/Insolvency Session

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Craig Mills chairs the upcoming LSUC seminar titled “Commercial Priorities for Real Estate and Business Lawyers”.

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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...

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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

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Secured Creditor’s Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave to Appeal

On March 22, 2018, the Supreme Court of Canada granted Callidus Capital Corporation (the “Secured Creditor”) leave to appeal the Federal Court of Appeal decision that interpreted subsection 222(3) of the Excise Tax Act (Canada) (the “ETA”) as giving the...

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FCAC Releases Report on the Retail Sales Practices of Canada’s Big Six Banks

On March 20th 2018, the Financial Consumer Agency of Canada (FCAC) released a report regarding the sales practices of Canada’s “big six” banks (BMO, Bank of Nova Scotia, CIBC, National Bank, RBC, and TD).   The FCAC is the regulator responsible...

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The Solar Power Decision: A Matter of Interest

Introduction On January 10, 2018 the Ontario Superior Court of Justice released its decision in Solar Power Network Inc. v ClearFlow Energy Finance Corp, 2018 ONSC 7286;  leave to appeal granted on February 15, 2018 (the “Solar Decision”). This decision,...

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Securing Water Rights: Analyzing the Water Act, Case Law and Lessons for Lenders in Alberta

Water rights vary from province to province; in Alberta water rights are primarily covered by the Water Act (the “Act”).[1] Under the Act, there are three primary ways that an agricultural business may divert water: Water License Exempted Agriculture User...

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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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Changes Proposed to the Oversight of Retail Payments in Canada

This summer the federal Department of Finance released a discussion paper regarding the oversight framework for retail payment systems in Canada.   The paper proposes a number of changes to the way the retail payment systems in Canada are regulated.  These...

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Ontario Bill 154: Perfection by VIN

On September 14th Ontario Bill 154, Cutting Unnecessary Red Tape Act, 2017 passed first reading.   The Bill has various Schedules with the names of each Ministry responsible for the statutes being amended or provisions repealed by each Schedule. Schedule 9, the schedule that deals...

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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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MNP Ltd. facilitates sale of Moloney Electric plant in Sackville, New Brunswick

Counsel to MNP Ltd.

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ANGLE PLC acquires assets of Axela Inc.

Counsel to ANGLE PLC

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Teliphone Navigata-Westel Communications sells certain assets to Distributel Communications pursuant to CCAA restructuring

Counsel to the court-appointed Monitor

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

Counsel to Ernst & Young Inc.

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AlliedOne Industrial acquires assets of 2Source Manufacturing

Counsel to AlliedOne Industrial Inc.

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BC Court of Appeal limits scope of property under receiver’s control

Counsel to Mercedes-Benz Financial Services

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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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Saskatoon-based health sciences companies placed into receivership

Counsel to a major creditor and contracting party to the Phenomenome companies

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Ernst & Young appointed receiver and manager of insolvent M&L General Contracting Ltd.

Counsel to Ernst & Young Inc.

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Achieving excellence

Congratulations to our recently retired partner Joseph Marin, recipient of the 2018 OBA Murray Klein Award for Excellence in Insolvency Law. The award will be presented at a special reception in Toronto on June 12.

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Financial Services & Insolvency Communiqué

Read the latest issue of Miller Thomson’s Financial Services & Insolvency Communiqué

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Insolvency and Restructuring Newsletter

View Miller Thomson’s Insolvency and Restructuring Newsletter – Quebec (available in French only)

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