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Lenczner Slaght is a leading firm in insolvency and restructuring litigation. Our history reaching back to the origins of the Companies’ Creditors Arrangement Act in the 1980’s and our extensive courtroom experience during the last 25 years, gives us a unique ability to advance our clients’ interests and, where necessary, litigate difficult issues in the course of complex commercial reorganizations.
Our clients have the benefit of our experience acting not only for creditors and debtors, but court appointed officers, such as monitors and receivers, leading to a substantial depth of experience and expertise in commercial reorganizations and restructurings, personal property security matters, creditors' rights, receiverships, bankruptcies, enforcement in secured transactions and other facets of bankruptcy, insolvency and restructuring litigation.
Our lawyers have most recently represented either key stakeholders or court appointed officers in Canada’s most challenging and complex restructurings including the CanWest, Calpine, JTI MacDonald, ABCP restructuring, Air Canada, Teleglobe, Hollinger and Stelco matters.
Practice Contact: Peter Griffin - (416) 865-2921
| Insolvency Cases |
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CanWest (2009) – representation of the management directors.
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Hollinger (2009) – Counsel for the Monitor during the CCAA proceedings.
ATB Financial v. Metcalfe & Mansfield Alternative Investments II Corp. (2008) – Representation of a sponsor in wide ranging and innovative restructuring of asset back commercial paper in Canada.
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| Calpine Corporation (2007) – Canadian counsel to Calpine Corporation in the complex, cross-border Calpine insolvency proceeding which included CCAA proceedings in Alberta and simultaneous Chapter 11 proceedings in the U.S. Bankruptcy Court. At the time of filing, Calpine was the sixth largest case to file Chapter 11 in U.S. restructuring history and one of the largest CCAA proceedings in Canadian restructuring history. |
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Re Hemosol (2007) – Representation of corporate finance entity securing successful sale of debtors’ assets.
Re State Group (2007) - Counsel for the administrative agent for certain lenders in a receivership asserting a priority under the Personal Property Security Act over a tax refund and other undistributed funds.
JTI MacDonald (2006-2007) – Counsel to the Attorney General of Canada in complex CCAA proceedings initiated as a result of litigation brought by the Attorney General and others.
Re Muscletech Research and Development Inc. (2006) – Representation of creditor in court ordered mediation process.
Re 1231640 Ontario Inc. (2006) – Representation of creditor in complex insolvency/receivership matter re priority of secured creditor interests.
Stelco (2006) – Counsel to the Board of Directors of Stelco during the CCAA restructuring.
Re Cygnal Technologies Corporation (2007) – Counsel to the Board of Directors of public company during CCAA restructuring/going private transaction.
Re Terastar Realty Corp. (2005) – Representation of property owner with restrictive covenant to protect rights as against vesting order.
Teleglobe (2002-2005) – Counsel to the Monitor in a major restructuring proceeding involving an international telecommunications company.
Air Canada (2003-2004) – Counsel to the Monitor in a complex insolvency proceeding involving a myriad of cross-border issues and over 100 interlocutory motions and other contested matters. Lenczner Slaght managed the creditor claims process, which involved the administration and coordination of the adjudication of hundreds of proven claims against Air Canada which had an aggregate value of CAD $8 billion.
Re Veltri Metal Products Co. (2004) – Representation of lien claimant in CCAA proceedings.
Re Shelson (2003) – Representation of bidder in bid solicitation process.
Re Consumers Packaging (2003) – Representation of Molson Canada in insolvency proceedings involving its major bottle/packaging supplier.
Re PSINet Ltd. (2003) – Representation of U.S. parent in cross-border insolvency proceedings respecting priority of parent’s inter-company claim/re-registration of lapsed security.
Superintendent of Bankruptcy v. PricewaterhouseCoopers Inc. (2003), 65 O.R. (3d) 760 (C.A.) - Acting for the Superintendent of Bankruptcy in the appeal of an order approving the fees and disbursements of a trustee in bankruptcy.
Re Royal Oak Mines (1999-2000) – Representation of senior secured creditor in CCAA/receivership of mining company.
Re Eatons (1999) – Representation of landlords in Canada’s largest retail insolvency.
Re Skydome (1998) – Representation of McDonald’s of Canada re insolvency of major sports venue.
Re Confederation Life Insurance Company (1995-1997) – Representation of former auditors in claims against and arising from insolvency of life insurance company.
Re Olympia & York Developments Ltd. (1992-1995) – Representation of senior secured creditor/other claimants in CCAA proceedings and subsequent insolvency administration.
Re Dylex (1995) – Representation of landlords in CCAA restructuring.
Re Cadillac Fairview (1995) – Representation of Canadian Broadcasting Corporation in insolvency of developer of Canada’s premiere Toronto based broadcasting centre.
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