Corporate Insolvency Lawyers | FMC Law Firm | Insolvency, Restructuring and Finance Consulting Services , Cross Border, Creditors’ Remedies, DIP financing, purchase of company

REPRESENTATIVE WORK

	Nortel Networks – Canadian Counsel for the Official Committee of Unsecured Creditors of Nortel Networks Inc. and certain of its direct and indirect subsidiaries in the cross-border CCAA/Chapter 11 proceedings
	Counsel to Grant Forest Products Inc. on the CCAA and US Bankruptcy Court approved acquisition of its OSB facilities by Georgia-Pacific LLC for US$400 million
	Cooper-Standard Canada - Canadian counsel to an informal note holder group and the backstop parties in connection with the Cooper-Standard cross-border CCAA-Chapter 11 restructuring proceedings
	Trident Exploration Corp. - Canadian Counsel to Trident Exploration Corp. and Trident Resources Corp. in connection with their cross-border CCAA/Chapter 11 restructuring proceedings
	Counsel to the developer of the Jameson House Project, a 36 storey $200 million mixed-use development project, on its ground breaking restructuring under the Companies’ Creditors Arrangement Act
	Advised a local B.C. investor group and CHEK Victoria employees on the acquisition of one of the oldest, and one of the first privately owned B.C. television stations from CanWest Global Communications

	Red Leaves Resort – Acting for Alvarez & Marsal in its capacity as receiver in connection with Red Leaves Resort
	Counsel for Burlington Technologies Inc., a Tier 1 automotive supplier, in its proceedings under the Companies' Creditors Arrangement Act
	Counsel to Bank of Montreal, as secured lender, in the Companies' Creditors Arrangement Act proceedings of Windsor Machine & Stamping Ltd. and related affiliates
	Counsel to the Ad Hoc Committee of CIT Group Funding Company of Canada bondholders
	Masonite International Corporation - Counsel to the The Bank of Montreal in Masonite’s financial restructuring and as the leading global manufacturer of residential and commercial doors emerged from protection under both Chapter 11 of the U.S. Bankruptcy Code and the CCAA
	Grant Forest Products Inc. - Counsel to Grant Forest Products Inc. and its subsidiaries in their proceedings under the Companies' Creditors Arrangement Act
	Represented Procon Mining & Tunnelling in the restructuring of and investment in Cross Lake Minerals Ltd., completed by way of a Plan of Arrangement
	The Ravelston Group of Companies - Lead counsel for RSM Richter Inc. ("Richter"), in its capacity as monitor, receiver and manager and interim receiver of the Ravelston Group of Companies (controlled by Conrad Black, and owner of Hollinger) with respect to cross-border insolvency and criminal proceedings involving Ravelston and certain of its former officers and directors. On account of the various proceedings to which the Ravelston Group of Companies were subject including criminal, regulatory, class-action and restructuring/insolvency, as counsel to Richter, FMC assisted in reviewing and analyzing numerous reviewable and preference transactions involving the Ravelston Group of Companies and their former principals and also provided strategic advice in regard to the U.S. criminal proceedings commenced against Ravelston by the U.S. Attorneys Office for the Northern District of Illinois
	a) Anicom Multimedia and (b) Atchison Casting - Canadian counsel to the bank syndicate in each case, acting for the bank groups in all aspects of Canadian proceedings involving receiverships of multiple Canadian entities, sales of businesses as going concerns and distinct assets, and negotiations with pension regulators resulting in significant proceeds becoming available for the creditors
	Slater Steel - Canadian counsel for the U.S. creditors committee
	Bombay Furniture Company of Canada - Canadian counsel to the debtor in connection with the Bombay cross-border CCAA and Chapter 11 cases, which resulted in the sale of the Bombay Canada business as a going concern
	Pine Valley Coal Ltd. - Acted as Co-Counsel in the mine’s restructuring under the CCAA
	Represents BDO Dunwoody Limited as CCAA monitor and interim receiver of the Sapphire Tower, a Harry Stinson property, located in downtown Toronto
	Pope & Talbot Ltd. – Acted for the Her Majesty the Queen in Right of the Province of British Columbia in successfully having the CCAA proceedings transferred from the Courts of Ontario to the Courts of British Columbia on the basis of forum conveniens
	Acting for Ernst & Young in its capacity as Monitor of Amcan Consolidated Technologies Corp. and its affiliates (an automobile parts manufacturer) in its CCAA proceedings
	Counsel for aircraft lessors in the insolvency of Canada 3000 in a case that was litigated up to the Supreme Court of Canada concerning statutory joint and several liability and priority issues in relation to statutory aircraft seizure and detention rights of Canada’s navigation and airport authorities
	PricewaterhouseCoopers Inc. - Acted for PricewaterhouseCoopers Inc. as Court-appointed receiver and trustee in the bankruptcy of Interact as well as counsel to PricewaterhouseCoopers Inc. as trustee of Eric Cable, the principal of the Interact Companies
	KPMG re Exchange Bank and Trust Inc. – Acted for Receiver appointed by the British Columbia Securities Commission over bank deposits and securities held in Canadian chartered banks and brokerage houses in the name of an off-shore bank and against which various claims were being made by miscellaneous parties
	PricewaterhouseCoopers Inc. re Interact – Acted for PricewaterhouseCoopers Inc. the Court-appointed Monitor in the Interact companies’ unsuccessful Companies’ Creditors Arrangement Act proceedings
	New Skeena Forest Products ("Skeena #3") – Restructuring counsel in New Skeena’s reorganization proceedings under the Companies’ Creditors Arrangement Act
	Tricap Restructuring Fund – Restructuring counsel for this major bondholder in the judicial reorganization proceedings of Doman Industries Ltd. under the Companies’ Creditors Arrangement Act
	North American Tungsten – Restructuring counsel in reorganization proceedings under the Companies’ Creditors Arrangement Act
	PricewaterhouseCoopers - acted and continue to act as counsel to the court appointed receiver of two environmentally contaminated gold and silver mine sites in Yukon Territory
	KPMG Inc. - Acted as counsel for KPMG Inc., the court-appointed Monitor in the Companies’ Creditors Arrangement Act proceedings commenced by A&B Sound
	Investors of "The Portus Group" – Appointed by the Ontario Superior Court as Representative Counsel on behalf of approximately 26,000 Investors of "The Portus Group" (a securities firm placed into receivership by the Ontario Securities Commission)
	Edgewater Casino Inc. - Acted as counsel in successful reorganization under the Companies’ Creditors Arrangement Act proceedings - led to a transaction in which all creditors were paid in full together with a significant recovery for shareholders
	Western Express Airlines - This local cargo and air ambulance service provider filed under the Companies’ Creditors Arrangement Act in which the FMC team acted for its majority shareholder and largest secured creditor
	PricewaterhouseCoopers Inc. - Represented PricewaterhouseCoopers in their role as court-appointed Monitor in Companies’ Creditors Arrangement Act proceedings commenced with respect to NEMI Northern Energy & Mining Inc.
	Solv-Ex Corporation - Counsel for the U.S. purchaser of Canadian oil sands interests under Companies’ Creditors Arrangement Act protection in a highly competitive international bidding (and "Stalking Horse") process, conducted under a protocol between the Bankruptcy Courts of the United States and Canada
	Smoky River Coal - Counsel for U.S. lenders in connection with a creditor sponsored Companies’ Creditors Arrangement Act reorganization involving coal mining interests in northern Alberta
	Principal Group of Companies - Counsel for the trustee in bankruptcy of numerous Principal Group companies involving the liquidation of a sophisticated financial institution; the retainer included successfully obtaining compensation against government operated regulatory agencies for regulatory failures and defending the constitutionality of provincial insolvency legislation
	Conor Pacific Environmental Technologies - Counsel for the debtor of a publicly listed company in connection with the reorganization of its debt in Companies’ Creditors Arrangement Act proceedings completed from start to finish in 71 days
	Crafts Canada - Counsel for a multi-jurisdictional retailer in connection with a successful Companies’ Creditors Arrangement Act reorganization involving significant downsizing of the debtor's leasehold interests and inventory levels
	Phantom Freightlines - Counsel for the debtor in connection with the successful reorganization of an international trucking company under the proposal provisions of the Bankruptcy and Insolvency Act
	Androscoggin - Counsel for ISDA® in its intervention in the Ontario Court of Appeal regarding the interpretation of "eligible financial contracts" under the Companies’ Creditors Arrangement Act
	Sulphur Corp. - Counsel for the monitor in connection with the Companies’ Creditors Arrangement Act reorganization of a sulphur port - the engagement included the establishment and defence of Companies’ Creditors Arrangement Act priority charges
	Anita Koo - Counsel for a Canadian chartered bank in connection with the recovery of defrauded funds
	Gauntlet Energy - Counsel to the purchaser of oil and gas interests in a highly competitive process run out of a Companies’ Creditors Arrangement Act reorganization - the engagement included involvement in the liquidation of the debtor, the resolution of representative actions, and the determination of the priority of GST claims
	International Utilities Structures Inc. - Counsel to the monitor in a multinational Companies’ Creditors Arrangement Act reorganization of a utility pole manufacturer with operations in Canada, the U.S., and Europe
	Gemini Engineering - Counsel for a professional engineering group in the restructuring of its affairs after a calamitous foreign contract (sponsored in part by Canadian government agency), resulting in its return to profitability and no loss of jobs
	Octane Energy - Counsel for a Canadian chartered bank in connection with the preservation of its credit facility, the implementation of a DIP credit facility, and full recovery of all amounts outstanding
	Nicholas Lysek - Counsel for a Canadian chartered bank in connection with the recovery of defrauded funds
	Acted and continue to act for a shareholder, partner and manager of Meadow Lake Pulp Mill, the world’s first zero liquid effluent discharge Pulp Mill (BCTMP), in the context of the largest Companies’ Creditors Arrangement Act proceedings (by dollar amount) in Saskatchewan history
	Millar Western Holding Holdings (Meadow Lake) Ltd., Millar Western Investments (Saskatchewan) Ltd., Millar Western Industries Ltd. and Millar Western Forest Products Ltd. – Represented counsel for a partner, shareholder, administrator and marketing agent in relation to the reorganization of Meadow Lake Pulp Mill, being the largest (in amount of debt) Companies’ Creditors Arrangement Act proceeding in Saskatchewan’s history
	Represented and continue to represent a bank in the context of the receivership and bankruptcy of Head West Energy Inc. and related companies, engaged in the oil field equipment rental business
	Acting on behalf of a bank in a PPSA priority dispute with Wells Fargo Equipment Finance Company in relation to numerous pieces of equipment - The case centers on the issue of when a bank has "knowledge" of certain facts within the meaning of the PPSA
	Acting on behalf of a bank in a PPSA priority dispute with Paccar Financial Services Inc. in relation to large trucks leased by Paccar - The case centered on the issue of whether a trucking fleet used to generate income by a company in receivership constituted inventory within the meaning of the PPSA
	Acting on behalf of a bank in a PPSA priority dispute with Atco Structures Inc. in relation to numerous commercial trailers - The case centers on the types of leases which are subject to the provisions of the PPSA
	Restructuring counsel for Concert Industries Ltd. and its subsidiaries in a successful reorganization under the Companies’ Creditors Arrangement Act and the Canada Business Corporations Act
	Royal Bank of Canada - Acted for Royal Bank of Canada with respect to the realization of its security with respect to advances made in connection with the Marché Central Real Estate Project - Successfully defended Royal Bank of Canada against a $95 million (including capital and interest) lawsuit claiming reimbursement of the amounts paid by the garantors of the loan advances as well as damages with respect to alleged lenders’ liability
	Counsel for major secured bondholders with respect to realization of their security in the context of an attempted reorganization of Luminon Light Wave Technology Inc. and Lilt Canada Inc. under the Companies’ Creditors Arrangement Act and in the context of the Bankruptcy and Insolvency Act
	Counsel for Deloitte & Touche, Inc. in its capacity as trustee in bankruptcy in the Luminon Light Wave Technology Inc. and Lilt Canada Inc. matter in presenting a proposal to realize the tax losses and reorganization proceedings under the Canada Business Corporations Act
	Counsel for PyroGenesis in its reorganization under the Bankruptcy and Insolvency Act
	Counsel for Harris Bank, Bank of Montreal and a lending syndicate with respect to the realization of its security against the Atchison Casting Corp. and its subsidiaries, including Canadian Steel Foundries (Atchison Casting Corp. also had operating entities in the province of Ontario and in the United States)
	Counsel for Tembec Industries in the context of the Companies’ Creditors Arrangement Act proceedings filed by Papier Gaspésia
	Hunjan International Inc. – Counsel for this Debtor company in its attempt at reorganization proceedings under the CCAA and U.S. Bankruptcy Code (Hunjan was a privately held auto parts manufacturer of plastic interior and exterior parts)
	KPMG Inc. – Counsel for KPMG Inc. in its role as court-appointed Monitor under the Companies’ Creditors Arrangement Act in connection with Roman Corporation’s reorganization proceedings under the Companies’ Creditors Arrangement Act (the debtor corporation is a publicly held company and manufacturer and converter of recycled paperboard packaging)
	Genesys Capital Partners Inc. - Acted for this major secured creditor and significant equity holder of Affinium Pharmaceuticals Inc. in connection with its successful reorganization proceedings under the Bankruptcy & Insolvency Act (in the Matter of the Proposal of Affinium Pharmaceuticals Inc.)
	Hunter Drums Limited – Restructuring counsel for this Canadian subsidiary U.S.-based parent, Russell-Stanley Holdings, Inc. et al. under Section 18.6 (international ancillary proceedings) of the Companies’ Creditors Arrangement Act ancillary to a pre-packaged plan of reorganization under Chapter 11 of the U.S. Bankruptcy Code, which resulted in the sale of substantially all of the assets of and Canadian subsidiaries
	Ernst & Young Inc. – Counsel for Ernst & Young Inc. in its capacity as Court-appointed Disbursement Receiver, in respect of a significant environmentally contaminated industrial site in Ontario
	OAO Severstal - Acted for this bidder in the Court-supervised sales process for Stelco Inc., a Canadian steel manufacturing company, and its affiliates under the Companies’ Creditors Arrangement Act
	VSA, LLC – Counsel for the sub-debt holders in the Court-appointed receivership of VSA, LLC
	Dinnerex Limited Partnership – Acted as counsel regarding Dinnerex’s reorganization and sale of various Swiss Chalet franchises throughout Canada
	HSBC Bank Canada – Counsel for HSBC Bank Canada in connection with the insolvency of Creative Building Maintenance Inc., a major provider of cleaning and building maintenance services across North America
	Thistle Mining Inc. – Assisted this Yukon Mining Corporation with subsidiaries in the Philippines and South Africa with its insolvency restructuring under the Companies’ Creditors Arrangement Act
	NRI Manufacturing Inc.– Acted for a major Canadian bank in connection with the insolvency of NRI Manufacturing Inc., a supplier of rubber automobile and industrial products and in connection with its debtor in possession financing
	Ticketmaster Canada Inc. - Acted as counsel to Ticketmaster Canada Inc., a major stakeholder with respect to the implementation and court approval of the cross-border restructurings and/or sale of businesses including Livent Inc. and the Ottawa Senators Hockey Club
	Ravelston Corporation Limited - Acted for RSM Richter Inc., the Court-appointed Receiver of Ravelston, in respect of tax issues and a disputed settlement with CanWest Global Communications Corp.
	Veltri Metal Products Company - Acted for Export Development Canada, a senior lender, in respect of the cross-border Chapter 11 and CCAA proceedings of Veltri, a major North American automobile parts supplier
	Slater Steel - Acted for U.S. Unsecured Creditors Committee in respect of cross-border Chapter 11 and CCAA proceedings for Slater Steel, a major North American steel manufacturer
	Doyle Salewski Inc. – Acted as counsel to Doyle Salewski Inc. (Interim Receiver) in Bankruptcy and Insolvency Act Proposal of North American Printing Inc., a major printer of catalogues, magazines and direct mail pieces
	Cervus group of companies - Acted for Cervus, a TSX traded administrator and originator of a billion dollar portfolio of residential mortgages in Creditors’ Companies Remedy Act proceedings that resulted in payment of all creditors and a return to shareholders
	Basis 100 - Acted for Basis 100 and its subsidiary, EFA Software, in a complicated multi-jurisdiction insolvency of a software developer in the international financial services sector
	Acted for Monitor in Creditors’ Companies Remedy Act proceedings of a automotive parts manufacturer
	Acted for Interim Receiver in resolving priority issues arising from liquidation of a construction company
	Acted for largest creditor in a receivership of a large car rental business
	Acted for largest creditor in a multi-million dollar fraud involving a farm equipment dealer
	Acted for Creditor’s committee in a 28-lender restructuring of a large truck leasing enterprise
	Restructured and liquidated numerous syndicated retail food industry franchises
	Acted for Monitor in Creditors’ Companies Remedy Act liquidation of automotive brake manufacturer
	Acted for Monitor in the restructuring of one of the largest sod farming operation in Canada
	Accounting clients we have represented include: Abakhan & Associates; Mackay & Company; Deloitte & Touche Inc.; Ernst & Young Inc.; KPMG Inc.; PricewaterhouseCoopers Inc.
	Investment Bankers: BMO Nesbitt Burns; Vancouver City Savings Credit Union
	Banks and Lending Institutions: Bank of Montreal, Business Development Bank of Canada, GE Commercial Distribution Finance, (formally Deutsche Financial Services), HSBC Bank Canada, Mercantile Bancorp, Royal Bank of Canada, RoyNat, Van City Capital Corporation, Westminster Savings and Credit Union