Marc Duchesne

Marc Duchesne  

Partner

Executive Summary

Marc Duchesne is a Partner in our Financial Services Group in Montréal and the Co-Leader of the Insolvency and Financial Restructuring Group. His areas of practice include banking law, insolvency, restructuring, real estate law and commercial litigation.

Representative Work

  • Advises financial institutions, creditors, receivers, monitors and trustees, and defends their interests before the courts in matters pertaining to realization on security, bankruptcy, corporate restructuring, asset recovery and liability suits.
  • Advises debtor companies and parties interested in matters of restructuring and insolvency.
  • Represents owners, contractors and bonding companies with respect to issues pertaining to the construction industry.
  • Acted for aircraft lessors in the Companies' Creditors Arrangement Act (CCAA) proceedings commenced by Nationair.
  • Acted for aircraft lessors in the CCAA and subsequently instituted bankruptcy proceedings commenced by Canada 3000.
  • Acted for aircraft lessors, as well as Canadian and American aircraft part suppliers, in the CCAA proceedings commenced by Air Canada.
  • Acted for the monitor in the CCAA proceedings commenced by PanGeo Pharma Inc., a publicly traded pharmaceutical company.
  • Acted for the monitor in CCAA proceedings commenced by CinéGroupe Inc. and its subsidiaries, an animated film production company.
  • Represented lenders and financial institutions in numerous lenders' liability cases.
  • Acted for the liquidator of the Norbourg and Évolution Mutual Funds.
  • Acted for the monitor in the Canadian Asset-Backed Commercial Paper (ABCP) proceedings.
  • Represented a secured creditor in the cross-border restructuring of Quebecor World Inc.
  • Represented the ad hoc Committee of senior secured note holders and the trustee in the cross-border restructuring of AbitibiBowater.
  • Represented the client Official Committee of Unsecured Creditors of Bear Island Paper Company, L.L.C., in the CCAA cross-border restructuring of White Birch Paper.
  • Represented various creditors and proposed purchasers in the restructuring of Aveos Fleet Performance Inc. et al.
  • Represented the purchaser of Davie Yard Canada Inc., a shipyard undergoing restructuring.
  • Represented certain bonding companies in the recovery of their losses.

Publications & Presentations

  • Co-author of the Canadian chapter of the 4th and 5th editions of The Restructuring Review.

Speeches

  • Insight, "Analyse des restructurations récentes," April 28, 2010.
  • The Canadian Institute, Advanced Conference on Commercial Leases: "Faillite et insolvabilité : Pourquoi faut-il s'en préoccuper en 2010-2011?," June 16, 2010.
  • The Canadian Institute: "Réussir le financement de l'entreprise insolvable : DIP et autres sources de financement," October 26, 2010.
  • National Centre for Business Law, 8th Annual Review of Insolvency Law Conference: "Avoidance Actions in the United States" (panellist), February 4, 2011.
  • CAIRP, Annual Conference: "Le coût des fonds au-delà des primes et des intérêts : le prêt-achat ', les dérivés de crédit, l'achat et la vente de réclamations et les nouveaux acteurs de la restructuration moderne" (co-presentation with Ken Atlas re "The Price of Money, Loan-to-Own, Credit Default Swaps, Claims Trading And The New Players in Restructuring") August 17, 2011.
  • The Canadian Institute: "Les clauses de défaut, le droit et la réalité," June 14, 2011.
  • Annual Review of Insolvency Law: "Creditors' Committees – Do They Add Value?"(panellist), February 10, 2012.
  • Insight - conférence sur l'insolvabilité et la restructuration commerciale : "Indalex : La Cour d'appel de l'Ontario a-t-elle devancé le législateur?," September 27 2012.
  • The Canadian Institute – Restructuration, insolvabilité et faillite : "Naviguer au travers des incertitudes liées aux fonds de pension déficitaires afin de prendre des décisions stratégiques dans le cadre d'une restructuration," October 29, 2012.
  • University of Ottawa, Civil Law Faculty : "Droit de la faillite et de l'insolvabilité," autumn session, 2011.

Rankings & Recognitions

  • Recognized in the 2017 edition of IFLR1000 – The Guide to the World's Leading Financial Law Firms (Restructuring & Insolvency).
  • Recognized as the 2014 Montreal Insolvency and Financial Restructuring Lawyer of the Year by The Best Lawyers in Canada®.
  • Recognized in the 2017 and 2016 editions of The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Insolvency and Financial Restructuring).
  • Selected by peers for inclusion in the 2018 edition (and since 2008) of The Best Lawyers in Canada® (Insolvency and Financial Restructuring Law). Also named "Insolvency and Financial Restructuring Lawyer of the Year – Montréal" in the 2018 edition of Best Lawyers®.
  • Recognized in the 2017 and 2016 edition of Chambers Canada – Canada's Leading Lawyers for Business (Restructuring/Insolvency).
  • Recognized as a recommended lawyer in the 2017 and 2016 editions of the Legal 500 Canada (Restructuring and Insolvency).
  • Recognized in the 2017, 2016, 2015, 2014 and 2013 editions of Chambers Global – The World's Leading Lawyers for Business (Restructuring/Insolvency).
  • Recognized in the 2016, 2015, 2014, 2013 and 2012 editions of Who's Who Legal: Canada (Insolvency and Restructuring).
  • Recognized in the 2017, 2016, 2015, 2014 and 2013 editions of The Canadian Legal Lexpert® Directory (Insolvency and Financial Restructuring).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.
  • Recognized in the 2014, 2013 and 2012 editions of The International Who's Who of Insolvency and Restructuring Lawyers.
  • Recognized in the 2016, 2015, 2014 and 2013 Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (Insolvency and Financial Restructuring).
  • Recognized as a leading litigator in the 2016, 2015, 2014 and 2013 editions of Lexpert®/ Report on Business Litigation Special Edition.