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Insolvency & Restructuring


Insolvency or restructuring? We’re problem solvers.
Whether you’re restructuring or recovering debt, selling or acquiring assets, we identify and leverage opportunities to chart a path to success. From the negotiating table to the court room, our team always brings creative solutions into focus.
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Overview

Financial crises involve many stakeholders and moving parts. A legal team that knows the landscape and can guide you through as effectively as possible is crucial.

Whether we’re helping clients restructure debt or operations, sell assets or address future risks, we keep the lines of communication open and bring creativity to problem solving.

Our lawyers have been involved in all types of restructuring and insolvency proceedings in Canada and have extensive experience in cross-border restructurings, including under Chapter 11 and Chapter 15 of the United States Bankruptcy Code. We have comparable expertise throughout the U.K. and Africa.

Our clients include debtors, lenders and accounting and advisory firms acting as court-appointed monitors, receivers and information officers in insolvency proceedings. We also regularly advise purchasers, investors, lenders and others in transactions with insolvent debtors.

Appropriate solutions could range from informal workouts and restructurings to more formal proceedings under the Companies’ Creditors Arrangement Act, Canada Business Corporations Act, Bankruptcy and Insolvency Act or Winding-Up and Restructuring Act.

Where matters become contentious, our team is ready to litigate. We are regularly involved in leading court cases and have appeared on many of the most cited cases in Canadian insolvency law.

As proceedings advance, it’s important to consider all angles. We collaborate with colleagues in our tax, banking, labour and employment, pensions, mergers and acquisitions and securities groups to address present and future risk.  We have deep contacts in the industry, which we draw upon regularly to benefit our clients.

We are one of the largest groups in Canada focusing exclusively on insolvency and restructuring, with highly ranked practitioners sitting in all of Canada’s major centres. Our lawyers occupy leadership positions in the Insolvency Institute of Canada, the Turnaround Management Association and other professional organizations.

Read about our client experience and review the expertise we’ve shared in our publications and presentations. If you like what you see, contact any of our lawyers to talk about how we might help.

Achievements

Team

Primary Contacts
  • Stuart Brotman, Partner | Leader, Insolvency & Restructuring, Toronto, ON, +1 416 865 5419, sbrotman@fasken.com
  • Robyn Gurofsky, Partner, Calgary, AB, +1 403 261 9469, rgurofsky@fasken.com
  • Haroon Laher, Partner, Johannesburg, +27 11 586 6025, hlaher@fasken.com
  • Marc-André Morin, Partner, Montréal, QC, +1 514 397 5131, mamorin@fasken.com
  • Luc Béliveau, Partner, Montréal, QC | London, +1 514 397 4336, lbeliveau@fasken.com
  • Kibben Jackson, Partner, Vancouver, BC, +1 604 631 4786, kjackson@fasken.com

Client Work

  • iA Private Wealth Inc. acquired assets under administration of Laurentian Bank Securities Inc. retail division, [Deal - iA Private Wealth Inc.], Acquisition of assets under administration of Laurentian Bank Securities by iA Private Wealth Inc.
  • IAMGOLD Corporation completes C$31 million acquisition of Vanstar Mining Resources Inc., [Deal - IAMGOLD Corporation], Canadian-based intermediate gold producer and developer acquires gold exploration company.
  • Joe Mimran's Unity Acquisitions Inc. acquires the Mastermind Toys Business subsequent to a CCAA proceeding, [Deal - Unity Acquisitions Inc.], Purchase by Canadian retail pioneer Joe Mimran and partners of Canadian toy retailers Mastermind Toys
  • The Industrial Development Corporation of South Africa Limited advance of a secured post-commencement finance facility to provide “oxygen” for Tongaat Hulett Limited, [Deal - The Industrial Development Corporation of South Africa Limited]
  • Blue Wolf Capital Partners completed the acquisition of LOGISTEC Corporation, [Deal - LOGISTEC Corporation], Acquisition of LOGISTEC Corporation by Blue Wolf Capital Partners.
  • NextPoint Financial and 29 subsidiaries file for CCAA proceedings, [Deal - FTI Consulting Inc.], Tax preparation services company commences CCAA proceedings.
  • Artelia acquired FNX-INNOV Inc., [Deal - FNX-INNOV Inc.], FNX-INNOV acquisition by Artelia
  • Voyager Digital Ltd. files for chapter 11 proceedings under the Companies’ Creditors Arrangement Act, [Deal - Voyager Digital Ltd.], Publicly traded cryptocurrency platform commences CCCA proceedings.
  • Harmony Energy Income Trust plc (HEIT plc), an investment company listed on the Specialist Fund Segment of the Main Market of the London Stock Exchange, put in place a £130 million debt facility and completed its associated internal corporate restructuring, [Deal - HEIT Holdings Ltd], Fasken advised HEIT plc and its group on the corporate conditions precedent and conditions subsequent in connection with its £130 million debt facility, including a corporate restructuring with its wholly owned subsidiary HEIT Holdings Ltd and ten of its special purpose vehicle subsidiaries, and the group’s intercompany management services and financing arrangements.

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