Kyle B. Plunkett

Partner Admitted to the Ontario Bar: 2011

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  • Bio
  • Awards & Recognition
  • Professional Involvement
  • Representative Matters
  • Selected Speaking Engagements
  • Selected Publications
  • Insights
  • Education

Kyle is a member of the firm’s Financial Services and Insolvency & Restructuring Groups. He divides his time between commercial restructuring matters and asset-based lending and structured finance 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’s 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. 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  monitors and bankruptcy trustees. He regularly advises parties on issues relating to reorganizations under the CCAA, the Bankruptcy and Insolvency Act  and the Canada Business Corporations Act.

On the corporate and commercial lending side of his practice, Kyle regularly advises and acts for a number of Canada’s largest banks and several alternative asset-based lenders. His lending and finance experience includes asset-based, securitized, structured finance, syndicated, secured, mezzanine and subordinated debt, both domestic and cross-border, transactions.

Kyle is also a member of the firm's Associates Committee and is actively involved in the firm’s student and associate mentorship programs.

Other Languages

French

Awards & Recognition

  • Recognized in the Canadian Legal Lexpert Directory in Insolvency Litigation and Financial Restructuring
  • Recognized in The Best Lawyers in Canada in Insolvency and Financial Restructuring Law
  • Recognized in Chambers Canada as an Up & Comer in Restructuring/Insolvency
  • Recognized as a Lexpert Rising Star 2020: Leading Lawyer Under 40
  • Recognized in Legal Media Group's Rising Stars Expert Guide in Restructuring and Insolvency
  • Recognized as a Thomson Reuters Stand-Out Lawyer – Independently Rated Lawyers, 2024

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:

Acted as legal counsel to San Cristobal Mining Inc., a private mining company formed under the laws of British Columbia, in its acquisition of Minera San Cristóbal S.A. and all associated assets from Sumitomo Corporation, as well as a related equity financing and two debt financings.

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 SQI Diagnostics Inc., a leader in the science of lung health that develops and manufactures respiratory health and precision medical tests, in connection with its acquisition of the assets underlying Precision Biomonitoring Inc.’s human diagnostic COVID-19 PCR testing business and its TripleLock™ molecular diagnostic testing technology.

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 Tandia Financial Credit Union Limited in connection with the receivership application of a group of gas and retail companies. 

Successfully represented The Toronto-Dominion Bank in securing summary judgment against a borrower, and corporate and personal guarantors, in The Toronto-Dominion Bank v. 2275518 Ontario Inc., 2023 ONSC 1050 (CanLII).

Representing Alvarez & Marsal Canada Inc. in its capacity as the court-appointed monitor in the Inscape Group CCAA proceedings.

Counsel to Feronia Inc. (TSXV: FRN), an agribusiness operating in the Democratic Republic of the Congo, in connection with the completion of a third party sale and restructuring transaction.

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 Speaking Engagements

Panellist, "The Role of In-House Counsel During a Recession," Law Society of Ontario: 13th In-House Counsel Summit, February 16, 2023. 

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.

Co-author (with Robb English), "'Keep Your Hands Off My Royalties!' – Exploring the Court's Power and/or
Willingness to Vest Off Royalty Claims under an Approval and Vesting Order," Annual Review of Insolvency Law, 2017.

Education

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