Nicole Taylor-Smith is an experienced insolvency and restructuring lawyer who regularly advises both creditors and debtors in financially-challenged businesses. Her clients include banks, secured lenders, unsecured creditors, landlords, debtors, equipment lessees, and other stakeholders in commercial restructurings, workouts, receiverships, and bankruptcies. Nicole also has significant experience with commercial disputes, especially commercial leasing disputes, guarantees, foreclosures, condominium law, and builders’ liens. Nicole is an experienced litigation lawyer, specializing in commercial litigation and contract disputes.
Nicole provides pragmatic advice and counsel in a number of areas:
Insolvency law: acting for debtors, creditors, and other stakeholders including purchasers of distressed assets in proceedings under the Companies’ Creditor Arrangement Act and the Bankruptcy and Insolvency Act.
Debtor-creditor litigation: representing clients regarding the enforcement of commercial leases and equipment leases including foreclosure actions, builders’ lien actions, and priority disputes.
Condominium law: acting mainly on behalf of condominium corporations with respect to the recovery of outstanding condominium contributions and the enforcement of condominium by-laws.
Nicole serves on the board of directors of the Western Canada chapter of the International Women’s Insolvency and Restructuring Confederation (IWIRC), she is also an active member of the Turnaround Management Association. She is a frequent speaker on insolvency matters and priority issues.
Professional achievements & leadership
- The Best Lawyers in Canada – Construction Law, 2019
- Acted on behalf of the receiver of Kitimat Development Group Inc.
- Acted on behalf of the debtor in the bankruptcy proposal of 3 Eau Claire Developments Inc.
- Acted on behalf of secured creditors in the Unity Builders’ Group Companies’ Creditors Arrangement Act matter.
- Acted on behalf of a financial institution and secured creditor in the Jurassic Oil & Gas Ltd. receivership matter.
- Acted on behalf of the debtor in the United Horsemen of Alberta’s Companies’ Creditors Arrangement Act matter.
- Acted on behalf of a secured creditor in the JED Oil Inc. Companies’ Creditors Arrangement Act matter.
- Co-author, “Are Live-In Caregivers Permitted in Single Family Condo Units,” Condo Reporter, March 2013
- Co-author, “The Fundamentals of Placing and Realizing on Agricultural Security,” 2011 Alberta Law Conference, Canadian Bar Association
- “SemCanada Crude Company (Re) 2009 ABQB 397: Protecting Facility Joint Owners from Set Off,” February 2010
- “When does the Limitation Period begin to run on a Guarantee? What You Need to Know,” Fall 2009
- “Proper Account Agreement Can Save a Financial Institution from Liability for Improperly Clearing Forged Cheques,” Winter 2008
- Secretary of the Western Canada chapter of the International Women’s Insolvency and Restructuring Confederation
- Member, Advocates’ Society
- Member, Canadian Bar Association
- Member, INSOL International
- Member, International Women’s Insolvency & Restructuring Confederation (IWIRC)
- Member, Turnaround Management Association (TMA)
Bar admissions & education
- Alberta Bar, 2000
- LL.B. (with distinction), University of Alberta, 1999
- B.A., University of Calgary, 1995