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

REPRESENTATIVE WORK

	Pine Valley Coal Ltd. - Acted as Co-Counsel in the coal mines restructuring under the Companies' Creditors Arrangement Act

	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 to The Bombay Furniture Company of Canada in respect to its CCAA restructuring

	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 for PricewaterhouseCoopers being 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 multi-national 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

	Concert Industries Ltd. – 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 $95M ( 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

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