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Kyle B. Plunkett

Partner Admitted to the Ontario Bar: 2011

Kyle divides his time between commercial restructuring matters and M&A and financing work, developing a broad practice built on providing practical solutions to complex problems. With a diverse background, including time spent working in banking and finance, Kyle has the experience to provide clients guidance beyond the scope of traditional legal advice. 

Kyle is a member of the firm’s Financial Services and Insolvency & Restructuring Groups. His insolvency and restructuring practice encompasses both the litigation and commercial aspects of turnarounds, reorganizations, liquidations, security enforcement, receiverships and plans of arrangement in the context of formal and informal restructuring proceedings. The corporate and commercial lending transactions of his practice include asset-based, syndicated, secured, mezzanine and subordinated debt, both domestic and cross-border.

With particular experience in all areas of Canadian insolvency and restructuring proceedings and transactions, Kyle has acted for and advised secured and unsecured creditors, debtor-in-possession lenders, debtors, suppliers, boards of directors, chief restructuring officers, purchasers, receivers, interim receivers, Companies’ Creditors Arrangement Act (CCAA) monitors and bankruptcy trustees. He regularly advises parties on issues relating to reorganizations under the CCAA, the Bankruptcy and Insolvency Act (BIA) and the Canada Business Corporations Act (CBCA).

Other Languages

French

Awards & Recognition

  • Recognized in Legal Media Group's Rising Stars Expert Guide in Restructuring and Insolvency

Professional Involvement

Memberships

  • Canadian Bar Association
  • Ontario Bar Association
  • Toronto Lawyers Association
  • Turnaround Management Association
  • Ireland-Canada Chamber of Commerce

Community Involvement

  • Board Member, NextGen Turnaround Management Association

Representative Matters

Lending Matters:

Acts on a regular basis for Schedule I banks and asset-based lenders with respect to their secured lending facilities.

Acts on a regular basis for lenders who finance and/or purchase loan receivables and related assets. Prepared receivable purchase agreements and assignments to deal with the transfer of the assets, and/or negotiated secured loan agreements to finance such purchases.  

Acted for The Toronto-Dominion Bank in its capacity as Administrative Agent, Joint-Arrangers, Joint-Bookrunner and a lender in connection with syndicated credit facilities established in favour of Sangoma Technologies Inc. and Sangoma U.S. Inc. (the “borrowers”) in the total amount of $64 million to support the borrowers’ working capital requirements and acquisition of a U.S. target.

Represented Baylin Technologies Inc. (TSX:BYL), a diversified leading global wireless technology management company, in the completion of a $40.25 million bought deal public offering of subscription receipts and 6.5% extendible convertible unsecured debentures and the related acquisition of Alga Microwave Inc.

Represented Baylin Technologies Inc. in an acquisition of assets from the radio frequency and microwave divisions of Advantech Wireless Inc. and certain of its affiliates. 

Acted for an entity who purchased a portfolio of receivables and related assets under a private-label credit card program established with a Canadian chartered bank. Prepared receivable purchase agreements and assignments to deal with the transfer of the assets, and negotiated a secured loan agreement to finance the purchase. 

Insolvency Matters:

Counsel to Alvarez & Marsal Canada Inc. in its capacity as the court-appointed receiver of Sameh Sadek (aka Sam Sadek), St. Maharial Pharmacy Inc. dba MD Health Pharmacy, St. Maharial Clinic Inc., SRX Investment Inc., Shepherd RX Pharmacy Inc. and Lilian Fam. The Receiver was appointed on a motion by AstraZeneca Canada Inc. pursuant to the Ontario Courts of Justice Act in connection with an alleged multi-million dollar fraud involving several large pharmaceutical companies.

Counsel to KSV Kofman Inc. in its capacity as the court-appointed receiver and manager of Xela Enterprises Ltd.

Counsel to Albert Gelman Inc. in its capacity as the court-appointed receiver of Noreast Foods Ltd.

Counsel to CAT Inc. in connection with its purchaser of certain assets of S.L.H. Transport Inc. in the insolvency proceedings commenced by Sears Canada Inc. et al. under the Companies’ Creditors Arrangement Act.

Counsel to BDO Canada Limited in its capacity as the court-appointed receiver of Astoria Organic Matters Ltd. and Astoria Organic Matters Canada LP.

Regularly acts as counsel to The Toronto-Dominion Bank as secured creditor in various receivership proceedings and/or workouts involving various borrowers.

Selected Publications

Clarity in Appeal Procedures Part II: The BIA Prevails – or Does It?,” Aird & Berlis Financial Services Flash, April 10, 2019. Republished in Banking & Finance Law Review, July 2019.

Insights

Publications Article Jan 23, 2019 Clarity in Appeal Procedures: The BIA Prevails

Education

  • LLB, University of Leicester, 2008
  • BA, University of Windsor, 2005