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.
In his lending practice, David counsels lenders on structuring their security packages and has developed a deep knowledge of Bank Act security and the intricacies of Saskatchewan legislation and case law that can affect lenders’ ability to obtain recovery.
In David’s insolvency and restructuring practice he mainly represents creditors and court officers, such as receivers, along with security enforcement on behalf of creditors.
Formerly a commercial litigator, David still regularly appears in Saskatchewan courts (including in appellate matters) in insolvency proceedings and as one of few lawyers in Saskatchewan working actively in the area of property tax assessment appeals.
David is highly committed to community service and volunteer work. His highlight is having served as President of Persephone Theatre, leading the Theatre through its successful project to build a new theatre facility in downtown Saskatoon. His volunteer work has been widely recognized:
- Awarded Commemorative Medal for the Centennial of Saskatchewan in recognition of volunteer service, 2005
- Finalist for the Lieutenant Governor’s Arts Award in the volunteer category, 2008
- Received CBA (Saskatchewan) Community Service Award, 2009
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Professional achievements & leadership
- Chambers Canada, Corporate/Commercial, 2019
- Chambers Canada recognised practitioner, Agribusiness: Agriculture & Food Products, 2019
- Chair, CBA Bankruptcy & Insolvency Subsection for Saskatchewan
- Martindale Hubbell Notable peer-rated for high ethical standing
Notable matters
- Represented a secured lender in numerous real estate and construction loan transactions, including a large portfolio deal.
- Represented court-appointed receivers in numerous matters before Saskatchewan and Manitoba courts.
- Advised a U.S.-based business in restructuring of its businesses and dealing with its Canadian creditors.
- Acted for vendors of auto and other dealerships, and of food processing, hotel, towing, and other businesses.
Thought leadership
- “Stopping the Revolution in its Tracks: The Supreme Court of Canada Decides Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd.,” Financial Services & Insolvency Communiqué, December 2, 2015
- Co-Chair of CBA Pan-Canadian Insolvency and Restructuring Law Conference, 2015
- Regular contributor to The Food Web, Miller Thomson’s Agri-Business and Food Production blog including author/co-author of multi-part series on the updating of “Plant Breeders’ Rights by the federal government” on Miller Thomson’s Food Web blog Authored and presented paper on buying and selling a business, “Closing the Deal: Best Practices,” Law Society of Saskatchewan CPD seminar, 2014
Community involvement
- Member of Persephone Theatre Board of Directors for 8 years, Chair of Board for 2 years.
- Member of Saskatoon Symphony Society Board of Directors for 7 years
- Member of Board of Directors of Shakespeare on the Saskatchewan Festival Inc. 2014-2016
Professional memberships
- Canadian Bar Association
- Canadian Bar Association–National Insolvency and Restructuring Section
Bar admissions & education
- Saskatchewan Bar, 1992
- Alberta Bar, 1991
- LL.B. (with distinction), University of Saskatchewan, 1990
- B.A. (English), University of Saskatchewan, 1986
Miller Thomson earns top rankings in Chambers Canada 2019
Miller Thomson earned a top “Band 1” ranking for two practice areas in the 2019 Chambers Canada Guide. Our Charities and Not-For-Profit group is regarded as being “leaders in the charitable sector,” and praised for their ability to “help find solutions in complex situations.” Our Agribusiness group...
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...
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...
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.
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”)...
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...
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”),...
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...
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...
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...
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,...
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...
GFL Environmental acquires Saskatchewan-based Regens Group
Counsel to GFL Environmental Inc.
Leading distribution and logistics company negotiates asset-backed lending facility and real estate term and evergreen facility
Counsel to the distribution and logistics company
Central Mine Supply acquired by Argyle Capital Partners
Counsel to Central Mine Supply Co. Ltd. and its shareholders
Ernst & Young concludes mandate as receiver of insolvent Stomp Pork Farms
Counsel to Ernst & Young Inc.
Schedule I bank provides credit facilities to finance acquisition of Saskatchewan insurance brokerage
Counsel to the bank
Schedule I bank provides agricultural financing to primary producer
Counsel to the Schedule I bank
Prince Albert car dealership sold to Wyant Group
Counsel to the seller
Mortgage lender provides refinancing and construction financing for portfolio of apartment holdings
Counsel to an independent real estate lender
Saskatchewan real estate companies in CCAA proceedings
Counsel to Firm Capital Corporation, a major secured lender to the applicants
Schedule I bank provides agricultural financing to poultry producer
Counsel to the Schedule I bank