Insolvency & Restructuring
- Who To Contact
- 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 August 14, 2023, Datatax Business Services Limited, an income tax and accounting company based in Calgary, filed a Notice of Intention to Make a Proposal under subsection 50.4(1) of the Bankruptcy ...
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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), ...
Firm NewsAird & Berlis is pleased to announce its inclusion in the 2024 edition of the Chambers Canada Legal Guide. The firm was recognized as a leader across eight different practice areas. 27 of the firm’s l...
ArticleA recent Canadian insolvency filing could provide insight into how U.S. courts will approach Chapter 15 applications from foreign cannabis-related entities.
ArticleThe appellate decision in AssessNet Inc. v. Ferro Estate serves as a reminder that the bankruptcy context from which an action originates must inform any analysis regarding whether such action is stat...
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ArticleThis case comment both summarizes the factual background present in Cicada and provides readers with helpful tips for insolvency and civil litigators on how to actually enforce and recover against sto...
ArticleStalking horse bid procedures have been a feature of the Canadian insolvency and restructuring landscape for almost two decades, but there is no national consensus on what criteria courts should consi...
Firm NewsThe Canadian Legal Lexpert Directory has recognized 51 partners at the firm as leading lawyers across 33 different practice areas. Aird & Berlis was also recognized at the firm level across 15 differe...
News ItemAird & Berlis is pleased to announce it has been recognized at the firm and individual level in the 2023 edition of the Chambers Global Guide. The firm was recognized as a leader in the areas of Tax a...
Firm NewsAird & Berlis is pleased to announce its inclusion in the 2023 edition of the Chambers Canada Legal Guide. The firm was recognized as a leader across seven different practice areas. Twenty of the firm...
Firm NewsAird & Berlis is pleased to announce that the following members of the firm have been recognized as top practitioners in the 2022 edition of Chambers Canada: Canada’s Leading Lawyers for Business.
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...
Firm NewsAird & Berlis partners Neil Bass, Steven Graff, Trent Horne and Steve Tenai are among the leading lawyers named in the Lexpert Special Edition: Litigation 2020.
Firm NewsAird & Berlis is proud to announce that partner Kyle Plunkett has been recognized as a 2020 Lexpert Rising Star: Leading Lawyer Under 40.