Where it is critical to avoid the cost and constraints of court-supervised proceedings, we negotiate private solutions that keep corporate distress out of the public record. When a capital structure is no longer sustainable, we engineer debt and equity exchanges that provide the runway required for recovery. We focus on achieving desired commercial outcomes, whatever they may be, and help clients understand stakeholder dynamics and leverage to achieve a consensual reset. Our role is to provide a discrete, technical alternative to formal insolvency, ensuring the enterprise continues to operate without the stigma of a public filing.

We lead large-scale and corporate restructurings under the CCAA. We navigate debtors through complex restructurings and manage the complex interests of a wide variety of stakeholders,including lenders, landlords, vendors, and employees. We assist debtors in achieving commercial resolutions, to protect enterprise, and to emerge solvent. We work with debtors to conduct efficient sale and investment solicitation processes, meet refinancing goals and milestones, negotiate Plans of Arrangement, and manage the court process with precision. We ensure the company has the stability required to execute a turnaround while under court protection. Our firm provides the tactical team required to see a debtor through from entry to exit.

We guide commercial debtors through the complexities of proposal proceeding under the BIA, focusing on going concern outcomes to avoid bankruptcy and preserve the business. We work with debtor corporations to file Notices of Intent to Make a Proposal, and to structure viable proposals in NOI proceedings that address creditor interests while achieving a clean restructuring outcome. We navigate the statutory requirements of the BIA with a focus on achieving a consensual and court-approved resolution. We support management in maintaining operations throughout the process, ensuring the proposal offers a realistic and sustainable path forward for the enterprise.

In both court-appointed and private receiverships, we provide the legal guidance required for creditors to protect and realize on collateral. We act for secured lenders and receivers to ensure integrity and transparency of the process. Our work focuses on supporting the receiver in their mandate while protecting the underlying value of the assets. We navigate and negotiate transactions in the realization process that achieve maximum realization for creditors and that maintain compliance with the framework of receivership orders.

We utilize the CBCA to facilitate corporate reorganizations that require a refreshed capital structure. This process allows a company to restructure its debt and equity outside the traditional insolvency framework. We assist the board and management in navigating the plan of arrangement process, ensuring the reorganization meets the technical requirements for voting and court approval. Our counsel provides the stability needed to execute complex changes while maintaining the company’s standing as a solvent going concern.

We are regularly engaged as counsel to court-appointed officers, including Monitors, Receivers, and Trustees, who require decisive, rigorous support on complex and opposed mandates. Our role is to support court officers to manage stakeholder interests while fulfilling their statutory duties and reporting obligations. We navigate the competing demands of debtors, creditors, and other stakeholders, providing the legal certainty required for the officer to act with confidence. We manage the procedural components of the file, ensuring the officer’s actions remain protected and aligned with the court’s expectations throughout the proceedings.

We represent lenders and commercial creditors seeking to enforce and assert rights and pursue remedies when a counterparty is in default. Our approach is to navigate the enforcement process with technical precision, seeking to secure our client’s interests through negotiation or litigation. We assist creditors in understanding their position within the capital structure and identifying the most effective path to recovery. As experienced debtor counsel, we bring insight into the enforcement and realization process, overcoming typical obstacles and smoothing the path to efficient recovery.

We assist debtors in securing the DIP financing required to maintain operations during a CCAA or BIA proceeding. We work with management to identify sources of financing and negotiate terms that provide the necessary liquidity while meeting the court’s requirements for approval. We assist debtors in navigating potential opposition and to ensure the financing supports broader restructuring objectives.

We resolve disputes over the distribution of proceeds in insolvency and liquidation scenarios. When the available assets cannot satisfy all claims, we represent stakeholders asserting priority with the goal of preserving and advancing stakeholder positions in large-scale and opposed priority and allocation disputes.