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.
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 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...
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 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...
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,...
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
Craig Mills chairs the upcoming LSUC seminar titled “Commercial Priorities for Real Estate and Business Lawyers”.
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
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...
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...
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,...
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”). Under the Act, there are three primary ways that an agricultural business may divert water: Water License Exempted Agriculture User...
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,...
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...
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...
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...
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”),...
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...
MNP Ltd. facilitates sale of Moloney Electric plant in Sackville, New Brunswick
Counsel to MNP Ltd.
ANGLE PLC acquires assets of Axela Inc.
Counsel to ANGLE PLC
Teliphone Navigata-Westel Communications sells certain assets to Distributel Communications pursuant to CCAA restructuring
Counsel to the court-appointed Monitor
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.