Insolvency & Restructuring
- Who To Contact
- Who We Help
- Representative Matters
- Recent Developments
The insolvency or restructuring of a business can create complex issues and competing agendas. With a broad range of experience, Aird & Berlis LLP’s Insolvency & Restructuring lawyers are able to recognize opportunities and negotiate solutions that maximize recoveries and minimize risk, time and expense.
Recognized as leaders in their field, our Insolvency & Restructuring lawyers draw on specialized experience and diverse expertise from other areas of the firm to develop effective strategies and successfully represent clients in both the boardroom and the courtroom. We are adept at navigating out-of-court restructurings, the purchase and sale of distressed businesses and assets, the structuring and implementation of debt workout arrangements for senior and subordinated lenders, borrowers and investors and assisting regulatory bodies with investigations and enforcement strategies.
We have extensive international experience and are able to leverage deep connections throughout Canada and the world to provide truly global advice. We have assisted with significant insolvency and restructuring mandates in the United States, the United Kingdom, Africa and the Caribbean.
As a valuable extension of their management teams, clients look to us for intelligent transactional advice, practical solutions and commitment to client satisfaction with a range of services, including:
- Proceedings under the Companies' Creditors Arrangement Act (CCAA)
- Proceedings under the Bankruptcy and Insolvency Act (BIA)
- Canadian recognition of international insolvency proceedings under the CCAA and other statutory regimes
- Reorganizations under the Canada Business Corporations Act (CBCA) and the Ontario Business Corporations Act (OBCA)
- Secured lender representation – enforcement and recovery
- Monitor, receiver and trustee representation
- Creditors’ rights and remedies
- Corporate and commercial workouts
- Priority disputes
- Governmental or quasi-governmental issues
- Power of sale and mortgage remedies
- Debtor-in-possession (DIP) financings
- Loan portfolio and security review, assessment and analysis
Who We Help
With in-depth knowledge and experience in insolvency and restructuring law, a proven track record in litigation, and a commitment to client satisfaction, we are regularly retained to advise and assist:
- Companies in financial distress
- Financial institutions
- Secured and unsecured creditors
- Court-appointed officers, including monitors, receivers and trustees
- Financial advisors
- Debtor-in-possession (DIP) lenders
- Purchasers of distressed assets and businesses
- Directors and officers
- Municipalities and other governmental and quasi-governmental bodies
On July 16, 2021, CannTrust announced that its plan of compromise, arrangement and reorganization was sanctioned by the Ontario Superior Court of Justice as part of CannTrust’s restructuring proceedin...
Microsoft Corporation reached a significant settlement with Nortel Networks Corporation after insolvency proceedings, which took over nine years. The Nortel proceedings, which involved the largest ins...
On behalf of the bank, Sanj Mitra and Alyssa Gebert successfully negotiated and completed the refinancing of the borrower.
The M&A Advisor recognized the management buyout of Thane International Inc. as the Consumer Discretionary Deal of the Year in the over $50 million to $100 million category as part of its 11th Ann...
Pacific West Commercial Corporation (Pacific West), an affiliate of Vancouver-based Stern Partners Inc. (Stern Partners), completed the acquisition of the business and assets of Comark Inc. (Comark), ...
Check Your Numbers Twice: Receiver and Its Counsel Denied Their Inadvertently-Omitted Fees and DisbursementsIn what can only be described as a bitter pill to swallow for the professionals involved, the Ontario Superior Court of Justice in Duca Financial Services Credit Union Ltd. v. 2203284 Ontario Inc. ha...
Aird & Berlis partners Neil Bass, Steven Graff, Trent Horne and Steve Tenai are among the leading lawyers named in the Lexpert Special Edition: Litigation 2020.
Aird & Berlis is proud to announce that partner Kyle Plunkett has been recognized as a 2020 Lexpert Rising Star: Leading Lawyer Under 40.