Services

Representative cases:

Acting for receivers and trustees in bankruptcy

• Representing the proposal trustee of the estate with significant tax liabilities and substantial assets located in China.
• Representing the receiver of a 20 acre quarry including negotiating a non-exclusive listing agreement with a real estate agent, assisting the receiver with establishing a sales process, drafting loan and security documents for a vendor take back mortgage granted to the purchaser of the property, and negotiating various forbearance agreements with the purchaser. 
• Representing a receiver of a commercial real estate property in highly contentious proceedings that included multiple court attendances in order to recover missing equipment and a contested motion which challenged the priority of the Receiver’s Charge which was appealed unsuccessfully by the objecting creditor to the Ontario Court of Appeal.
• Acting for a proposal trustee in a contested hearing to approve a final statement of receipts and disbursements.
• Representing a trustee in bankruptcy in a contested motion pursuant to Section 38 of the Bankruptcy and Insolvency Act to assign a cause of action, including attending at numerous meetings of inspectors and creditors and seeking terms and conditions in order to protect the interests of the Estate.
• Representing a receiver of a music store in Windsor including bringing an urgent motion in Windsor to permit access to a second retail location where property subject to the receivership order was believed to be located.
• Representing a trustee in bankruptcy in a contested motion to settle the Bankrupt’s interest in a matrimonial home.
• Representing receivers in motions to approve sales processes, transactions and distributions and generally advising receivers with respect to the administration of insolvent estates.

Acting for creditors and debtors

• Representing a number of Estate Trustees with Wills in applications for leave to bankrupt the deceased estates.
• Representing a lender to a company operating multiple rooftop solar farms, including negotiating a forbearance agreement, dealing with a priority dispute with a subordinate lender, and assigning rooftop leases and contracts with the Independent Electricity System Operator.
• Representing a lender in a fraudulent conveyance action, including bringing an urgent motion for a certificate of pending litigation in order to prevent a sale of the property which was fraudulently transferred.
• Representing a secured creditor in a contested appeal of a trustee’s disallowance of the creditor’s proof of claim.
• Representing a creditor in a contested bankruptcy application, including a one day trial before the Honourable Justice Brown.
• Representing a secured creditor with a floor plan financing portfolio in a number of urgent applications to appoint receivers to protect inventory which formed the creditor’s collateral. 
• Representing a commercial lender in proceedings to appoint a receiver over multiple pharmacies including a motion to add further parties upon discovering that one of the locations had been leased to a related party.
• Acting for institutional lenders in multiple applications to appoint receivers and to recover leased property.

Other cases

• Acting as co-counsel to a purchaser in CCAA proceedings involving a shipping company in a week long claims bar process to assess maritime liens.
• Representing the directors of a bankrupt corporation in negotiations with the Canada Revenue Agency with respect to director’s liability for unremitted source deductions and unremitted H.S.T.
• Representing a deposit insurer in the investigation of an insolvent credit union, including conducting a multi-day examination of the directors and other key employees of the credit union to ascertain the cause of the credit union’s insolvency.
• Advising a family lawyer with respect to the insolvency aspects of a separation agreement.