Summary

The Borden Ladner Gervais LLP (BLG) Insolvency and Restructuring Group carries on one of Canada's leading restructuring, workout, bankruptcy and insolvency practices. The core of the Insolvency and Restructuring Group comprises leaders in the field with decades of restructuring experience. Members of our Group have received national and international recognition for their expertise by Chambers Global — The World's Leading Lawyers, IFLR, and Lexpert©. In fact, the 2014 edition of The Best Lawyers in Canada© ranks the Firm number one in Canada in Insolvency and Financial Restructuring, with 10 lawyers listed. Furthermore, eight members of our Group are members of the Insolvency Institute of Canada, a by-invitation national association of insolvency and restructuring professionals.

With BLG as the largest full-service law firm in Canada, our Insolvency and Restructuring Group calls on key specialists in M&A, securities, litigation, IP and IT, labour and employment, financial services, competition, pensions, tax and real estate with experience in distressed and restructuring situations to field the team that meets and exceeds our clients' needs. We have broad industry experience, having acted on behalf of our clients on matters in a wide range of industries including: agriculture, airlines, automotive, energy, financial services, forestry, insurance, investment funds, manufacturing, media, oil and gas, pharmaceuticals, pulp and paper, real estate, retail, steel and telecommunications.

Members of BLG's Insolvency and Restructuring Group regularly appear before superior and appellate courts (including the Supreme Court of Canada) in insolvency, bankruptcy and restructuring proceedings. Formal bankruptcy and insolvency proceedings are often court driven. We have represented clients in respect in contested bankruptcy, receivership, liquidation and realization proceedings; sales process hearings; sale approval motions; classification hearings; priority issues; plan sanction and approval motions as well as preference, fraudulent conveyance, undervalue, reviewable transaction, oppression, alter ego, subordination and related litigation. While consensual resolution of difficult issues is often preferable, it is not always possible. Our Insolvency and Restructuring Group is well equipped to advance our clients' rights and interests before the courts.

With professionals in Canada's major centres, we have the national strength and the local knowledge to vigorously represent and protect the interests of our clients — no matter where in the country the matter is centred.

Publications

Rankings & Recognitions

The Insolvency and Restructuring Group or its members have been recognized:

  • The 2017 edition of Chambers Global — The World's Leading Lawyers for Business.
  • The 2017 edition of Chambers Canada Canada's Leading Lawyers for Business.
  • The 2017 edition of The Legal 500 Canada.
  • The 2017 edition of IFLR 1000 - The Guide to the World's Leading Financial Law Firms.
  • The 2017 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Law Firms and Attorneys.
  • The 2017 edition of The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.
  • The 2017 edition of The Canadian Legal Lexpert® Directory.

Representative Work

We have represented the following clients in the following matters:

  • A syndicate of senior secured lenders led by the Bank of Montreal in connection with the Plan of Arrangement by Mega Brands Inc. under the Canada Business Corporations Act.
  • Ernst & Young Inc., the CCAA monitor and court-appointed receiver in connection with the Atcon group of companies, which was engaged in construction and related activities in New Brunswick, Newfoundland, Alberta and elsewhere.
  • KPMG Inc., the court-appointed liquidator of two solvent real estate companies arising from shareholder deadlock.
  • Acted for Insurers in Part IV CCAA application to have US proceedings and Plan of Reorganization by Durabla Canada Ltd. and Durabla Manufacturing Company recognized in Canada.
  • Senior secured lender to an Ontario based mortgage lender in contested receivership proceedings and, ultimately, a successful credit bid.
  • The senior secured noteholders owed approximately $450 million in the AbitibiBowater CCAA proceedings.
  • The senior secured lenders to the Cover-All group of companies in their CCAA, receivership and Chapter 15 proceedings.
  • The senior secured lenders in connection with successful CCAA proceedings in Saskatchewan and Chapter 15 proceedings relating to Big Sky Farms.
  • Ernst & Young Inc., the court-appointed monitor in the CCAA proceedings relating to the restructuring of $35 billion in the Third Party Asset-Backed Commercial Paper matter, the largest restructuring proceedings in Canadian history.
  • Ernst & Young Inc., the court-appointed monitor in the ongoing CCAA proceedings of the SemCanada Group.
  • Mariposa Stores Limited Partnership, a national woman's clothing retailer, in its CCAA proceedings and the Chapter 11 bankruptcy proceedings of its sister corporation in the US Pacific Northwest.
  • PricewaterhouseCoopers Inc., the court-appointed monitor in the CCAA proceedings of Cross Lake Minerals Ltd., a British Columbia gold mine.
  • Ernst & Young Inc., the court-appointed monitor in the Calpine CCAA proceedings.
  • Chrysler LLC, creditor and DIP lender in the Collins & Aikman CCAA proceedings.
  • Société Générale in Quebecor World Inc.'s cross-border insolvency proceedings.
  • Bank of Montreal, the senior and DIP lender in the cross-border CCAA and Chapter 11 proceedings relating to CFM Corporation.
  • JTI-MacDonald Corp., one of the largest tobacco manufacturers in Canada, in its ongoing CCAA proceedings.
  • KPMG Inc., the court-appointed monitor in the Bombay Furniture CCAA proceedings.
  • Ernst & Young Inc., the court-appointed liquidator in the Norbourg mutual fund liquidation.
  • PricewaterhouseCoopers Inc., the court appointed monitor in the CCAA proceedings of Ted LeRoy Trucking Ltd.
  • NEMI Northern Energy & Mining Inc. in its CCAA restructuring and resulting Peace River Coal partnership with Anglo American plc.
  • The independent directors and trustees in the Heating Oil Partners Section 18.6 CCAA proceedings (the first income trust-related filing in Canada).
  • Ernst & Young Inc., the trustee in bankruptcy of Rampart Securities Inc., a complex securities firm bankruptcy.
  • Bank of Montreal, Laurentian Bank of Canada and GE Financial, senior secured creditors and DIP lenders in the CCAA proceedings relating to Roman Corporation Limited, a public paperboard manufacturer.
  • SAAN Stores Limited, a national chain of department stores, in its CCAA/BIA proceedings.