Insolvency and Litigation Lawyer
Wojtek Jaskiewicz leads the Insolvency and Corporate Restructuring practice group at Keyser Mason Ball, LLP, and is a member of the Commercial Litigation practice group.
An experienced insolvency lawyer and commercial litigator, Wojtek has appeared before the Ontario Superior Court, the Toronto Commercial List, the Bankruptcy Court, the Tax Court and the Ontario Court of Appeal. Wojtek has also represented clients in arbitrations, mediations and negotiations.
Wojtek’s recent engagements include representing a mortgage lender in a contested CCAA application made by a cannabis company, a trustee in bankruptcy in the successful sale of a quarry, a digital content marketing company in a restructuring, and a secured lender in an application to appoint a receiver over a solar farm.
What distinguishes Wojtek is his nuanced knowledge of insolvency law together with his skill as a litigator. Wojtek is able to advise shareholders and large corporate clients on sophisticated insolvency matters and to argue contested matters before the courts. As an experienced litigator, Wojtek also understands the importance of settlement in order to resolve clients’ issues expeditiously and cost-effectively.
Recent Insolvency and Litigation Articles
A Licensed Insolvency Trustee’s obligation to examine a proof of claim and using the civil standard of proof and the creditor’s onus of proof to value unliquidated claims
The decision in Sellathamby (Re), the trustee’s obligation to examine a proof of claim under section 135(1) of the BIA, and the nature of an appeal from a trustee’s disallowance make it clear that a trustee cannot merely disallow a claim because arriving at a decision is difficult or because it is the trustee’s “practice”. The trustee has to properly consider the evidence and prepare a reasoned decision in order for the claims process, including appeals, to function properly.
How can a trustee in bankruptcy protect a bankrupt’s interest in real estate using a bankruptcy caution without being registered as the owner?
The safest way for a trustee in bankruptcy to protect title to real estate owned by a bankrupt is to register a bankruptcy caution.
Defaulting on a business loan is a reality for many Canadian businesses, especially during COVID-19. But what happens when you default? And are there any ways to avoid the worst consequences of a default? What to expect when your bank demands payment The first thing the bank will do will be to demand payment andContinue reading “What happens if you default on a business loan?”
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Insolvency and Corporate Restructuring
We have extensive experience advising debtors, creditors, trustees and receivers in all types of proceedings, disputes, and transactions under the Bankruptcy & Insolvency Act, the Companies’ Creditors Arrangement Act, and related provincial legislation. We are regularly retained to advise on proposals, informal workouts, priority disputes, fraudulent transactions, reorganizations, asset recovery and receivership.
If you are a business owner, shareholder, or involved in a joint venture, you may find yourself in a dispute concerning your legal rights and responsibilities. Keyser Mason Ball, LLP offers expertise for all types of commercial disputes. We work with managers and business owners to get to the heart of the matter, bring clarity to the situation and minimize litigation’s negative impact on operations. Where appropriate, we assist clients in seeking alternative dispute resolution techniques such as mediation and arbitration.
Keyser Mason Ball, LLP has extensive experience in representing shareholders in disputes concerning breach of contract, breach of fiduciary duty, business dissolution, fraud, shareholder oppression and valuation. The members of the group include litigation and corporate lawyers who work closely together to obtain the best possible results for clients. Our corporate lawyers provide continuing long term advice to our clients. Our litigation lawyers have successfully litigated shareholder disputes and related urgent injunctions before Courts and at private arbitrations across Ontario.
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.
- 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.
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