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Miranda Spence

Partner Admitted to the Ontario Bar: 2011

Miranda is a member of the firm’s Litigation and Financial Services Groups. She maintains a broad litigation practice, with an emphasis on general commercial, restructuring and insolvency, and construction disputes. She appears regularly before the Ontario Superior Court of Justice, including the Commercial List, the Bankruptcy Court and the Construction Lien Masters, and has appeared as counsel at all levels of the Ontario courts.

Miranda is a strong advocate who thrives in the courtroom and in negotiations with opposing counsel. She is a confident communicator who has a talent for breaking her clients’ complex problems down into simpler parts, enabling her to fully understand her clients’ goals, and develop effective solutions rooted in practical, business-minded strategy.

Miranda, who summered and articled with the firm, frequently acts as a mentor to the firm's summer and articling students, as well as to law students through the University of Toronto's alumni mentorship program. Her patient nature and understanding of the challenges associated with building a practice make her a valuable resource to students and new lawyers.

Professional Involvement

Professional Activities

  • Secretary of the Insolvency Litigation Practice Group, The Advocates’ Society
  • Past member, The Advocates' Society's Young Advocates' Standing Committee

Memberships

  • The Advocates' Society
  • Toronto Lawyers Association
  • Ontario Bar Association
  • Canadian Bar Association
  • Turnaround Management Association
  • International Women's Insolvency and Restructuring Confederation

Representative Matters

Counsel to the court-appointed receiver of Astoria Organic Matters Ltd. and Astoria Organic Matters Canada LP (“Astoria”) in successfully defending efforts by the purchaser of Astoria’s assets to seek leave to sue the receiver.

Counsel to the beneficiary of an option to purchase the deceased’s company in an application seeking directions regarding the terms upon which the option may be exercised.

Counsel to the senior secured creditor of A-1 Asphalt Maintenance Ltd. in an appeal addressing whether funds subject to Construction Lien Act statutory trusts may be excluded from distribution to creditors in an insolvency proceeding.

Counsel to a retailer who purchased the debtor’s interest in certain leases out of a Bankruptcy and Insolvency Act proposal proceeding related to Aeropostale Canada Corp. in seeking a judicial determination of the scope of rights that may be assigned in such circumstances.

Counsel to a municipality in opposing an injunction brought by Hogan Pharmacy Partners Ltd., a former service provider, to compel the municipality to reinstate the service provider’s contract with the municipality pending arbitration.

Counsel to a landlord with respect to concurrent receivership and Construction Lien Act proceedings involving Arc Productions Limited.

Counsel to the senior secured creditor in the receivership proceedings involving 1299746 Ontario Inc. o/a Compuquest2000.

Counsel to the debtor in the receivership proceedings involving Edgemere Estate Limited Partnership and Edgemere Estate Limited.

Counsel to a defendant real estate developer in a contractual dispute with its development partners, involving significant parcels of development lands.

Counsel to the applicant charity in an application for judicial review relating to decisions made by the CRA, in the context of the revocation of the applicant’s charitable registration.

Counsel to the plaintiff employer in an action to enforce non-competition and non-solicitation provisions of an employment agreement.

Ontario counsel to the senior secured lender in the insolvency proceedings commenced by Laura's Shoppe (P.V.) Inc. under the Companies' Creditors Arrangement Act.

Canadian counsel to the Nortel Trade Claims Consortium in the cross-border insolvency proceedings commenced by Nortel Networks Corporation et al.

Counsel to the defendant partnership in an action for damages and other declaratory relief brought by a former alleged partner.

Counsel to the trustee in bankruptcy in the insolvency proceedings commenced by Casimir Capital Ltd. under the Bankruptcy and Insolvency Act.

Counsel to the plaintiff payment processing company in an action for damages against its colocation services provider relating to a loss of data.

Counsel to the plaintiff in an action to set aside an assignment of patent rights to a widely-used household product.

Counsel to the vendor take-back mortgagee in the enforcement of a mortgage by way of foreclosure, where the action was defended on grounds of misrepresentations in the agreement of purchase and sale.

Counsel to the respondent in an application seeking to invalidate a promissory note and related security granted in the context of a renewable energy project.

Counsel to the complainant in a lawyer misconduct matter before the Law Society Tribunal, where the defence engaged issues relating to the complainant's privacy.

Acted as the Independent Supervising Solicitor in the enforcement of an Anton Piller order made in the context of an action seeking damages for fraud.

Counsel to the plaintiff in an action for breach of copyright and related relief relating to industrial meat-processing equipment.

Counsel to the defendant in an action brought pursuant to the Fraudulent Conveyances Act.

Counsel to various parties to proceedings brought pursuant to the Construction Lien Act (Ontario), including general contractors, sub-contractors and owners.

Counsel to both landlords and tenants in actions seeking damages for breach of lease agreements.

Counsel to a variety of banks in relation to all aspects of the enforcement of personal guarantees. 

Counsel to plaintiffs in collection actions, including the enforcement of judgments.

Selection of Reported Cases

Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269

Muchmaker Estate (Re), 2019 ONSC 59

Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2018 ONSC 6062

Hogan Pharmacy v. Municipality of Halton, 2018 ONSC 1442

Re Aeropostale Canada Corp. (Notice of Intention), 2018 ONSC 1468 

Royal Bank of Canada v. DCM Erectors, Inc., 2017 ONSC 2580

Salus Capital Partners, LLC v. Shilon, 2016 ONSC 7799, 2016 CarswellOnt 21099

Nortel Networks Corporation (Re), 2016 ONCA 332

Royal Bank of Canada v. Lunardi, 2016 ONSC 2541

Fram Elgin Mills 90 Inc. v. Romandale Farms Limited, 2015 ONSC 7308

Green v. Green, 2015 ONCA 541

In the Matter of the Proposal of Casimir Capital, 2015 ONSC 2819

Poss Design Limited v. Beograd Machine & Tools Co. Ltd., 2015 ONCA 74

Business Development Bank of Canada v. Druckmann, 2015 ONSC 1517

King David Inc. v. Andrin Investment Ltd., 2015 ONSC 1935

Poss Design Limited v. Beograd Machine & Tools Co. Ltd., 2014 ONSC 3051

2026125 Ontario Limited v. Ashland Paving Ltd., 2014 ONSC 5173 (Div. Ct.)

Grossi Consulting Services Limited v. Premier Salons Ltd., 2014 ONSC 5028

Fernandez et al. v. Unique Auto Collision Network Solutions Corp. et al., 2014 ONSC 3642

Fernandez v. Unique Auto Collision Network Solutions Corp., 2014 ONCA 458

Royal Bank of Canada v. DCM Erectors, Inc., 2013 ONSC 2864

Indcondo Building Corporation v. Sloan, 2012 ONCA 502

Selected Publications

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

Clarity in Appeal Procedures: The BIA Prevails,” Aird & Berlis Financial Services Flash, January 23, 2019.

2018 Annual Cross Country Check-Up (Ontario),” Canadian Bar Association 14th Annual Insolvency Law Conference, September 14, 2018.

Insights

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

Education

  • JD, University of Toronto, 2010
  • Sorbonne Law School (Universite Paris I), Student Exchange Program, 2009
  • BA (Hons.) (First Class), University of King’s College, 2007