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Kathryn Esaw

Partner Admitted to the Ontario Bar: 2010

Kathryn provides practical legal advice on a broad range of insolvency and restructuring matters.

Kathryn is a member of the firm's Financial Services Group. She represents debtors, court officers, creditors and purchasers in proceedings under the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act throughout Canada, as well as debtors, creditors and lenders in informal restructurings under the Canada Business Corporations Act and provincial equivalents.

Kathryn spoke at the 2018 Canadian Bar Association Insolvency Law Conference on the rise of technology restructurings, including the implications of cryptocurrency and insolvency. She has also been a guest lecturer on restructurings at the Osgoode Hall Law School LLM program.

Kathryn clerked at the Superior Court of Justice in Toronto.

Awards & Recognition

  • Recognized in the International Financial Law Review's IFLR1000: The Guide to the World's Leading Financial Law Firms 2019 as a Rising Star in Restructuring and Insolvency
  • Recognized in Legal Media Group's Rising Stars Expert Guide in Restructuring and Insolvency

Professional Involvement

Memberships

  • International Women's Insolvency Restructuring Confederation
  • Turnaround Management Association

Representative Matters

Representing Richter Advisory Group Inc. in its capacity as the information officer in the Companies’ Creditors Arrangement Act proceedings involving Imerys Talc Canada Inc.

Representing Alexandria Minerals Corporation, a junior gold exploration and development company with a flagship property located in Val d’Or, Quebec, in connection with its plan of arrangement under the Canada Business Corporations Act.

Representing Deloitte Restructuring Inc. in the receivership of Distinct Infrastructure Group Inc. et al.

Representing certain landlords in the insolvency proceedings commenced by Payless ShoeSource Canada Inc. and Payless ShoeSource Canada GP Inc. under the Companies’ Creditors Arrangement Act.

Representing Aralez Pharmaceuticals Inc. et al in their proceedings under the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code.

Representing Energy Capital Partners and Trive Capital, as majority debt holders, in the Canada Business Corporations Act plan of arrangement restructuring of NCSG Crane & Heavy Haul Corporation.

Representing Essar Steel Algoma Inc. et al in its proceedings under the Companies’ Creditors Arrangement Act (with recognition proceedings under Chapter 15 of the U.S. Bankruptcy Code).

Representing the purchaser in the receivership proceedings of Arc Productions Ltd. under the Bankruptcy and Insolvency Act.

Representing Performance Sports Group Ltd. et al in their proceedings under the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code.

Representing the purchaser in the proposal proceedings of Strike Minerals Inc. under the Bankruptcy and Insolvency Act. 

Representing a secured lender in connection with Walter Energy Canada Holdings Inc.’s proceedings under the Companies’ Creditors Arrangement Act.

Representing certain suppliers in connection with Target Canada Co.’s plan of arrangement under the Canada Business Corporations Act.

Representing Karrys Bros., Limited et al in their proposal proceedings under the Bankruptcy and Insolvency Act.

Representing Essar Steel Algoma Inc. et al in connection with its plan of arrangement under the Canada Business Corporations Act.

Representing certain suppliers in the Companies’ Creditors Arrangement Act proceedings of Catalyst Paper Corp. et al.

Representing Northstar Aerospace Inc. et al in their proceedings under the Companies’ Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code.

Representing Ernst & Young Inc. in its capacity as monitor to NewPage Port Hawkesbury Corp. in its proceedings under the Companies’ Creditors Arrangement Act

Representing Timminco Ltd. et al in their proceedings under the Companies’ Creditors Arrangement Act.

Representing purchasers in proceedings under the Companies’ Creditors Arrangement Act and the Bankruptcy and Insolvency Act.

Selected Speaking Engagements

Speaker, “Recent Developments in Ontario Case Law,” Commercial List Users Committee Annual Education Program, June 5, 2019.

Speaker, "Insolvency Litigation Breakfast: What I Wish I Knew," The Advocates' Society, April 12, 2019.

Selected Publications

“Ontario Court of Appeal Provides Guidance on Vesting Orders in Receivership - And Beyond,” Commercial Insolvency Reporter, August 2019 (co-author).

“Canada” chapter, Getting the Deal Through – Acquisition Finance, June 2013 and 2014 (co-author).

“Re Nortel and Re Northstar: Abitibi Interpreted,” Commercial Insolvency Reporter, December 2013 (co-author).

Education

  • JD, University of Toronto, 2009
  • BA (Hons. with distinction) University of Western Ontario, Richard Ivey School of Business, 2006