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Harry M. Fogul

Partner Admitted to the Ontario Bar: 1975

Harry’s financial services practice is built on his negotiating and problem solving experience in insolvency and restructuring matters, for both debtors and creditors. He is well regarded for his ability to solve his clients’ problems and complete complex transactions. Through every engagement, Harry strives to strengthen his clients’ business by providing broad, strategic advice.

Harry is a member of the Financial Services Group. His practice involves receiverships, bankruptcies, liquidations, restructurings, workouts and security realization acting for debtors and creditors. He also advises debtors with respect to defending secured creditor enforcement and filing proposals under the Bankruptcy and Insolvency Act.

He has acted for either secured or unsecured creditors in many major insolvencies and restructurings, including Olympia & York Developments Limited; Central Capital Corporation; First City Trust Company; Standard Trust Company; Campeau Corporation; The Algoma Steel Corporation, Limited; Confederation Life Insurance Company; Cadillac Fairview Inc.; Bramalea Inc., Anvil Range Corporation; Royal Oak Mines Inc.; The T. Eaton Company Limited; The Loewen Group Inc.; Canada 3000 Inc.; Teleglobe Inc.; AT&T Canada Inc.; GT Group Telecom Inc.; Air Canada; Allarco Entertainment Inc.; Canwest Global Communications Corp. and Nortel Networks Corporation.

Harry was the firm's Managing Partner from 1995 to 2000. 

Awards & Recognition

  • Received the highest rating for legal ability as well as an extremely high adherence to the professional standards of conduct, ethics, reliability and diligence by Martindale-Hubbell Law Directory
  • Named to the Martindale-Hubbell Bar Register of Preeminent Lawyers for earning the highest level of professional skill and integrity in the Martindale-Hubbell Law Directory
  • Recognized in The Best Lawyers in Canada in the field of Insolvency and Financial Restructuring
  • Noted in the Legal Media Group Guide to the World's Leading Insolvency and Restructuring Lawyers
  • Received the inaugural Ontario Bar Association Murray Klein Award for Excellence in Insolvency Law, May 2009

Professional Involvement

Memberships

  • Canadian/Ontario Bar Association (Insolvency Law Section, Vice Chair 1992-1993 and Executive 1985-1993)
  • Insolvency Institute of Canada 
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)

Selected Speaking Engagements

Speaker, "Professional Responsibility and Ethics of Advising Clients on Creditor Proofing," Aird & Berlis LLP, Internal Seminar, May 2011.

Speaker, "Protecting Against Bankrupt Payors in a Recession," The Sixth Minute Family Law Lawyer (LSUC), December 2009.

Speaker, "Dealing with Financial Difficulties," Amethyst Learning, October 2009.

Speaker, "BIA Amendments Personal," CAIRP - New Perspectives and Strategies on the Horizon, Insolvency and Restructuring Forum, May 2009.

Speaker, "The Bank has Called - Assessing the Problem and Forming a Strategy" and "Formal Restructuring Under Insolvency Legislation," Tax, Banking and Financing Strategies for Clients Facing Financial Difficulty, AJAG Professional Development, February 2009.

Speaker, "Asset Protection Planning," CA Professional Development Program, December 2008.

Speaker, Seminar to Trustees on Amendments to the Companies Creditors' Arrangement Act, Bankruptcy and Insolvency Act and the Wage Earner Protection Program Act, September 2008.

Speaker, "The Bank has Called - Assessing the Problem and Forming a Strategy" and "Formal Restructuring Under Insolvency Legislation," Financial Difficulties Seminar: Sales Down/Costs Up - Staying Alive and CCH webinar, June 2008.

Speaker, "Asset Protection Planning," Aird & Berlis LLP Tax Breakfast, March 2008.

Speaker, "Personal Insolvency as it Affects... Life After Filing," Ontario Bar Association Seminar, April 2007.

Speaker, "Asset Protection Planning," Estate Planning Council of Toronto, January 2006.

Panellist, "Bankruptcy Reform," Canadian Association of Insolvency and Restructuring Professionals Annual Conference, June 2003.

Speaker, "Strategies for Debtors on Security Enforcement," Enforcement and Insolvency Issues for Lenders, Ontario Bar Association seminar, May 2002 (Repeated October 2002).

Speaker, "Representing the Bankrupt on a Discharge Hearing, Acting for Debtors and Bankrupts," Ontario Bar Association, June 2000.

Speaker, "Debts Surviving Bankruptcy - A New Beginning," Insolvency seminar, Canadian Insolvency Practitioners Association Annual Conference, May 2000.

Speaker, "Creditor Proofing-The Six Minute Debtor-Creditor Lawyer," The Law Society of Upper Canada, September 1997.

Panellist, "Partnership Agreements for Professionals," Canadian Insolvency Practitioners Association Annual Conference, September 1997, Niagara-on-the-Lake.

Speaker, "Insolvency of Professionals - The Next Millennium," Canadian Insolvency Practitioners Association Annual Conference, October 1996.

Speaker, "Effect of Changes to the Bankruptcy and Insolvency Laws, High Speed Enforcement and Realization of Commercial Loan Security," Insight Information Conference, June 1996.

Speaker, "Creditor-Proofing Transactions," Super Transactions Conference, Federated Press, May 1996.

Co-speaker, "Priorities in Proposals and Arrangements, Slicing the Pie-Priorities on Insolvency in the 90s," with Steven L. Graff, Ontario Bar Association Conference, April 1995.

Co-speaker, "Winning in the Insolvency Bearpit-Position of Corporate Debtor and Debtor's Directors" with Douglas A. Palmateer, OBA Annual Institute Conference, February 1995.

Panellist, "Professional Bankruptcies and Proposals," Ontario Bar Association, Insolvency Law Section, October 1994.

Participant, Revenue Canada Panel, Canadian Insolvency Practitioners Association Annual Conference, June 1994.

Speaker, "Acting for Debtors on a Restructuring, The Failing Small Business-Essential Debtor/Creditor Practice," The Law Society of Upper Canada Conference, May 1994.

Speaker, "Realization Via Bankruptcy - The Last Resort, Enforcement and Realization of Commercial Finance Security," Insight Information Conference, April 1991.

Speaker, "Rights of the Debtor Under the PPSA, The Analysis and Application of Changes to the PPSA," Insight Information Conference, May 1990.

Co-speaker, "Technical Update on Bankruptcy," with Douglas A. Palmateer and Steven L. Graff, Canadian Insolvency Association Annual Conference, May 1990.

Speaker, "Reasonable Notice," Dunwoody Limited, National Insolvency Conference, March 1990.

Co-speaker, "Protection of Assets-Legitimate Shelters, Debtors and Creditors," with Douglas A. Palmateer, The Canadian Institute Conference, February 1989 and March 1990.

Speaker, "Changes in Enforcement The New PPSA - The How To Approach," Insight Information Conference, October 1989.

Speaker, "The Trustee and the Bankrupt's Spouse," Canadian Insolvency Association Annual Conference, May 1989.

Speaker, "Setting Aside Debtor's Attempts to Defeat His Judgment Creditors," The Agency and the Ecstasy, Remedies in the Enforcement of Judgment Debts seminar, Canadian Bar Association, March 1982 (Repeated April 1982).

Selected Publications

Harry is the former editor of two distinguished insolvency publications: the Ontario Bar Association's Insolvency Newsletter and the International Association of Insolvency Practitioners' Insol newsletter.

Education

  • LLB, McGill University, 1973
  • BCL, McGill University, 1972
  • BA, McGill University, 1969