Virginie Gauthier — Partner
With more than two decades of experience, Virginie is one of the preeminent restructuring and insolvency lawyers in Canada. She is a trusted advisor and a formidable advocate in complex domestic and cross-border restructuring and insolvency matters who is known for bringing steady judgment and commercial pragmatism to high-stakes situations.
Virginie’s practice has been built on her involvement in some of Canada’s seminal insolvency and restructuring cases including Sears Canada, Nortel Networks, Just Energy, Laurentian University and the cross-border restructuring of Pacific Exploration & Production. She acts for a wide breadth of clients including debtors, court officers, potential purchasers, financial institutions, secured creditors and bondholder committees
Virginie is a recognized voice in her field. She lectures on advanced bankruptcy and insolvency law in the LLM program at Osgoode Hall Law School, serves as an examiner for the Office of the Superintendent of Bankruptcy’s Oral Board Exams, and is a frequent author and speaker on insolvency and restructuring topics. Her peers and industry guides have recognized her work, including Chambers Canada, Chambers Global, The Best Lawyers in Canada, the Canadian Legal Lexpert Directory, IFLR1000 and Who’s Who Legal.
Prior to joining RECON, Virginie was a partner practicing insolvency and restructuring law at two of Canada’s leading law firms, Norton Rose Fulbright LLP and Gowling WLG. She is fluent in English and French and is an active member of the Insolvency Institute of Canada, the Turnaround Management Association, IWIRC, and the Canadian Bar Association.
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Called to the Bar in Ontario
Called to the Bar in Quebec
Member, Insolvency Institute of Canada
Member, IWIRC
Member, Turnaround Management Association
Member, Canadian Bar Association
Awards and Recognition
Leading lawyer in Lexpert: Insolvency and Restructuring since 2020
Since 2020, ranked as a leading lawyer Chambers and Partners Canada, in the area of Restructuring/Insolvency
Since 2021, ranked as a leading lawyer in Chambers Global, in the area of Restructuring/Insolvency
Recognized in The Best Lawyers in Canada since 2019 in the area of Insolvency and Financial Restructuring Law
International Financial Law Review 1000, Canada: Restructuring and Insolvency (Highly Regarded), 2020
Recognized as a leading lawyer in Restructuring and Insolvency in Who’s Who Legal 2024
Publications
Virginie has authored many articles including:
“Guide to Insolvency in Canada” Chambers and Partners Insolvency Global Practice Guides (2021-2024).
“Court-Appointed Liquidators Pursuant to Corporate Statutes: A Useful Mechanism That Protects All Stakeholders” (2022) Annual Review of Insolvency Law at 465.
"Supreme Court of Canada: "Pre-post set-off rights can and should be stayed by an initial order"" Gowling WLG, Insight & Resources (16 December 2021).
"Supreme Court of Canada confirms priority of court ordered charges in a CCAA proceeding," Fully Secured – Financial Services & Secured Lending Newsletter, Gowling WLG, also on Lexology.com, Aug. 24, 2021.
"Recent Ontario Court of Appeal decision provides insight on the recognition of foreign orders," Fully Secured – Financial Services & Secured Lending Newsletter, Gowling WLG, also on Lexology.com, Aug. 17, 2021.
"Bankrupt tenant: Can a landlord draw on a letter of credit after the trustee disclaims the lease?," People & Property – Real Estate Newsletter, Gowling WLG, also on Lexology.com, Feb. 9, 2021.
"Rights of First Refusal and Options to Purchase in Insolvency Proceedings - Not Quite Insurmountable", Journal of the Insolvency Institute of Canada, Vol. 8-6, 2019.
"Ontario Superior Court confirms third-party releases are permitted in BIA proposals," Lexology.com, Apr. 13, 2012.
"The "mirror principle:" a partial "roll up" DIP order can be recognized under Part IV of the CCAA," Lexology.com, Jun. 20, 2012.
"Sino-Forest: Ontario Court of Appeal upholds superior court decision on "equity claims"," Lexology.com, Nov. 27, 2012.
"2010 Update on Insolvency Jurisprudence in Ontario," 6th Annual Pan-Canadian Insolvency and Restructuring Law Conference, Montreal, Sept. 13, 2010.
"SCC confirms no crown priority for unremitted GS/QST in a bankruptcy," Lexology.com, Dec. 10, 2009.
"Overview of Security Review Considerations" and "Security Review Checklist," OBA Conference Centre, Toronto, Oct. 26, 2009.
"Hot Topics in Insolvency and Restructuring" (panel), CAIRP, 5th Annual Commercial Insolvency and Restructuring Session, Toronto, April 23, 2009.
"Perfectionner l'enregistrement, la documentation et l'exécution des garanties au Canada et aux États-Unis," Sixième conférence avancée sur le financement et les sûretés, The Canadian Institute, Montreal, Jan. 28-30, 2009.
"Anticipated Amendments to Federal Insolvency Statutes: New Statutory Charges and Priorities," The Six Minute Debtor-Creditor & Insolvency Lawyer Conference, Law Society of Upper Canada, Toronto, April 22, 2008.
"The Personal Property Security Act (Ontario)" and "The Securities Transfer Act (Ontario): An Overview," The Canadian Institute, Toronto, March 6, 2008.
Education
McGill University, BCL/LLB
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Counsel to Myra Falls Mine Ltd. in its CCAA proceedings
Counsel to BJK Holdings Inc. as DIP lender and stalking horse purchaser in the CCAA proceedings of the Heritage Cannabis group
Counsel to Red, White & Bloom Inc. as DIP lender, first-ranking secured creditor and stalking horse purchaser in the CCAA Proceedings of the Aleafia Health group of companies
Counsel to the Court-appointed liquidator in the liquidation of Ontario Electronics Stewardship
As plan of arrangement counsel to Sol Cuisine Ltd. in its $125.4 million transaction of PlantPlus Foods LLC
As counsel to Cadillac-Fairview in the CCAA proceedings of the McEwan Group
As counsel to Lakehead University in the CCAA Proceedings of Laurentian University
As counsel to NextEra Marketing, in the CCAA proceedings of Just Energy
As counsel to the King Street Food Group in its CCAA restructuring
Counsel to Otéra Capital, first-ranking secured creditor, in the receivership proceedings of 33 Yorkville Inc.
In the CCAA proceedings of Lydian Armenia, as counsel to Osisko, one of the three secured creditors
Anvil Range Mining, counsel to the trustee in bankruptcy, Deloitte Restructuring Inc.
Sears Canada Inc., as counsel to the Court-appointed Monitor FTI Consulting Inc. in the CCAA proceedings of Sears Canada Inc. and its affiliates
As counsel to Pacific Exploration Corporation and Production (now Frontera Energy), a company dedicated to exploration and production of crude oil and gas, in its cross-border insolvency proceedings
As counsel to Mobilicity in the context of its proceedings under the CCAA
As counsel to the ad hoc committee of secured bondholders and DIP Lenders in the CCAA proceedings of The Cash Store Financial Services Inc.
As Canadian counsel to the committee of secured noteholders in connection with the potential restructuring of a North American mining company
As counsel to Caisse de Dépôt et Placement du Québec in connection with the CCAA proceedings of the Devonshire Trust (Commercial Paper)
Nortel Networks Inc., as counsel advising the Nortel group of companies
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Virginie’s speaking engagements include:
Insolvency Institute of Canada, October 20, 2023, “Pacta sunt Servando. Or not.”
Canadian Association of Insolvency and Restructuring Professionals (CAIRP), September 12, 2023, “Sector Focus: Commercial Real Estate”.
Insolvency Insider Real Estate Conference, May 24, 2023, “Contested Receiverships vs CCAA Applications”.
The Advocates’ Society, February 14, 2023, “Digging Your Way Out of a Hole: Restructuring Complex Real Estate Developments”.
Annual Review of Insolvency Law, February 3, 2023, “A Kindler, Gentler Process? The Increasing use of Corporate Statutes in Canada to Restructure and Liquidate Distressed Entities”.
Association du Barreau Canadien, April 22, 2022, “La Loi sur la Faillite et L’insolvabilité et les Restructurations”.
Annual Review of Insolvency Law Conference, February 4, 2022, “Use of French in CCAA Proceedings”.
Annual Review of Insolvency Law Conference, February 4, 2022, “L’utilisation du français dans les procédures de la LACC”.
Year-end Legal Review for In-House Counsel (Gowling WLG LLP), November 29, 2022, “Focus on Insolvency and Restructuring Trends”.
Canadian Bar Association, CBA French Speaking Common Law Members Online Symposium, April 22, 2022.
Annual Review of Insolvency Law Conference, February 26, 2021, “Estate Litigation – Governance & Finance”.
Recognition
