Bankruptcy and Insolvency Litigation
Our firm has acted in some of Canada’s highest-profile bankruptcy and insolvency matters, and our lawyers have developed deep experience representing diverse stakeholders. Some representative cases include Nortel, three tobacco companies, Sears, Air Canada, ABCP, Sino Forest, Lac Megantic Railway, Stelco and Algoma.
We regularly represent private and publicly traded corporations, labour unions, retirees and pension administrators, class-action plaintiffs, note-holders, lenders, debtors, directors, officers, and shareholders. Our cases have included private and court-supervised debt workouts and restructurings, receiverships, bankruptcies, winding-ups, secured transaction and priority disputes, directors’ and officers’ liability, lender liability and shareholder disputes.
Representative Work
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Jeff Larry and Dan Rosenbluth successfully enforced a personal guarantee in a decision concerning the interpretation of “continuing” guarantees. The decision was upheld on appeal.
Intercap Equity Inc. v. Bellman, 2022 ONCA 61 -
Ken Rosenberg, Lily Harmer, Gord Capern, Max Starnino, Karen Jones, Emily Lawrence, Kris Borg-Olivier and Denise Cooney acted for the steelworkers in the restructuring and litigation following the insolvency of U.S. Steel Canada Inc. (now Stelco).
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Rob Centa successfully represented the United Steelworkers in an oppression proceeding in an ongoing CCAA proceeding.
Ernst & Young Inc. v Essar Global Fund Ltd et al, 2017 ONSC 1366 (CanLII), http://canlii.ca/t/h2mnl -
Together with Max Starnino, Megan Shortreed represented the employees of Maple Bank GmbH’s Canada Branch in a winding up under the Winding-up and Restructuring Act in Maple Bank GmbH (Re), 2017 ONSC 2536.
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Ken Rosenberg, Max Starnino and Lindsay Scott are co-counsel along with Koskie Minksy and Siskinds for the representative plaintiffs in the Ontario class action against Sino-Forest Corporation and some of its current and former officers and directors, auditors and underwriters. Ken, Max and Lindsay represent the class interests in Sino-Forest’s CCAA proceeding that started in March 2012.
