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Stuart Brotman Toronto Lawyer

Stuart Brotman *

Partner | Leader, Insolvency & Restructuring Fasken
Jurisdiction Ontario, 2000
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Stuart Brotman is Leader of the firm's Insolvency and Restructuring Group. Acting in all nature of insolvency proceedings, Stuart assists clients in bankruptcy, receivership and restructuring under the Companies' Creditors Arrangement Act (CCCA), the Bankruptcy and Insolvency Act, the Canada Business Corporations Act and the Winding-up and Restructuring Act.

Stuart has considerable cross-border experience, having advised clients under the CCAA and Chapter 15 of the United States Bankruptcy Code. Advising both private and public companies, these clients include a broad range of stakeholders, including debtors, creditors, suppliers, customers and other contracting parties and monitors, receivers and trustees in bankruptcy. He also frequently represents prospective purchasers in pursuing and completing asset sales in domestic and cross-border insolvency proceedings.

Stuart is regularly involved in lending transactions, advising primarily on recovery and intercreditor issues. He has particular experience with the interaction between traditional bank financing and alternative financing in the mining sector (eg., streaming and royalties). Stuart also maintains an active commercial litigation practice.

An active speaker, Stuart regularly writes and presents on topics related to insolvency and creditors’ rights. Stuart is a member of the prestigious Insolvency Institute of Canada. He is recognized by Chambers Canada, the Canadian Legal Lexpert Directory, among other publications.

Achievements

Client Work

  • 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.
  • National Bank of Canada and Macquarie Bank Limited co-lead international lending syndicate in the provision of aggregate C$425 million credit facilities for BW Gold Ltd., [Deal - A syndicate of lenders led by National Bank of Canada and Macquarie Bank Limited], Financing to partially fund the construction, development, commissioning and other costs associated with the operation of a mine at the Blackwater Gold Project in British Columbia, Canada
  • The Bank of Nova Scotia, Bank of Montreal and National Bank of Canada co-lead international lending syndicate in US$1 billion credit facility re-financing for NFI Group Inc., [Deal - A syndicate of lenders led by The Bank of Nova Scotia, Bank of Montreal and National Bank of Canada], Canadian banks lead syndicate of international lenders in credit facility amendment for a leading provider of sustainable bus and motor coach solutions
  • BNP Paribas hedges CCCA Proceedings of Harte Gold Corp., [Deal - BNP Paribas], International bank completes assignment of rights and obligations for independent Canadian gold producer.
  • First Commercial Bank and msi Spergel Inc. recover debt in ZM Global Inc. receivership proceedings, [Deal - First Commercial Bank and msi Spergel Inc.], Receivership proceedings of furniture importing business.
  • Gordon Brothers and Hilco Streambank lead liquidation of Canadian Le Château stores, [Deal - Gordon Brothers and Hilco Streambank], Joint venture liquidation of inventory and equipment of Canadian clothing retail chain.
  • Issuance of a $20 million convertible debenture to The Co-operators Financial Services Limited by Smart Employee Benefits Inc., [Deal - Co-operators Financial Services Limited], $20 million strategic financing completed.
  • Advised CCAA Proceeding of Beleave Inc. and certain of its subsidiaries licensed under the Cannabis Act (Canada), [Deal - Grant Thornton, Limited]
  • Tiger Asset Solutions Canada, ULC and GA Retail Canada ULC lead liquidation of certain GNC Canada stores, [Deal - Tiger Capital and Great American Group], Joint venture liquidation of inventory and equipment of health and nutrition related products retailer.

Career & Education

Education

  • LLB Osgoode Hall Law School at York University
  • MBA York University
  • BA (ASC) University of Western Ontario

Memberships & Affiliations

  • Member, Law Society of Upper Canada
  • Member, Insolvency Institute of Canada
  • Past President and Director, Turnaround Management Association (Toronto Chapter)
  • Member, International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association - Insolvency Section
  • Member, American Bankruptcy Institute
  • Member, Advocates' Society

Knowledge

Events

News

Publications

  • Overview of the Wage Earner Protection Program, 10/24/2012
  • Chapter 15 Five Years Out - a Canadian Perspective: Treatment of Cross-Border Insolvencies in United States Courts, 5/13/2010
  • Trekking Cross-Border Bankruptcy Sales, 10/16/2009

Speaking Engagements

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