Business Development Bank of Canada

Acted for Business Development Bank of Canada in relation to the restructuring proceedings of Forex Inc. et al. under the Companies’ Creditors Arrangement Act.

Fonds immobilier de solidarité FTQ and Fonds de solidarité

Acted for Fonds immobilier de solidarité FTQ and Fonds de solidarité with the restructuring of Groupe Sélection under the Companies' Creditors Arrangement Act relating to the acquisition of Groupe Sélection’s entire interest in the historic site District des Brasseurs (former Molson Brewery), and the subsequent sale of a portion of such interest to Montoni, making FTQ and Montoni equal owners of the property.

Nemaska Lithium Inc.

Acted for Nemaska Lithium Inc. in proceedings instituted by Victor Cantore requesting that Nemaska be compelled to convey him a 3% net smelter return royalty on all metals extracted from Nemaska's Whabouchi mine.

Laurentian Bank of Canada

Acting for Laurentian Bank of Canada, a secured creditor of Kanwal Inc., in the latter's restructuring and receivership proceedings. 

The Aldo Group Inc.

Acted for The Aldo Group Inc. in its successful restructuring under the Companies’ Creditors Arrangement Act. This restructuring won Insolvency and Restructuring Deal of the Year at the 2023 Canadian Law Awards.

Reitmans (Canada) Limited

Acting for Reitmans (Canada) Limited, a TSX-listed clothing retailer with approximately 600 stores across Canada operating under five different banners (Reitmans, Penningtons, Addition Elle, Thyme Maternity and RW&CO), in its restructuring under the Companies' Creditors Arrangement Act.

The Pallinghurst Group

Acted for The Pallinghurst Group, a private investor in the global natural resources sector, in its joint 50-50 acquisition with Investissement Québec of Québec-based Nemaska Lithium Inc. pursuant to a sales process under the Companies' Creditors Arrangement Act. The acquisition was structured as a credit bid with Nemaska's largest secured creditor, Orion Mine Finance, and achieved through a reverse vesting order granted by the Superior Court of Québec and upheld by the Québec Court of Appeal.

Insolvency Institute of Canada

Acted for the Insolvency Institute of Canada in connection with its intervention before the Québec Court of Appeal in the Québec controversy involving the application of section 243 of the Bankruptcy and Insolvency Act and, more specifically, the right of hypothecary creditors to have a receiver appointed and their obligation to provide timely prior notice of the exercise of a hypothecary right.

Kerry Logistics (Canada) Inc.

Acted for Kerry Logistics (Canada) Inc., an international freight forwarder and logistics services provider, in the restructuring under the Bankruptcy and Insolvency Act of its customer, Stokes Inc., a tableware and kitchenware retailer with 147 retail locations across Canada.

Québecor Inc.

Acted for Québecor Inc. in connection with its proposed acquisition of Cirque du Soleil and related insolvency proceedings.

HSBC Bank of Canada

Acting for HSBC Bank of Canada in its capacity as operating lender and DIP lender to Ernest Enterprises (Mtl) Ltd.

Bluberi Group Inc.

Successfully acted for 9354-9186 Québec Inc. and 9354-9178 Québec Inc. (formerly known as Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) with regards to (i) appellate proceedings before the Supreme Court of Canada and (ii) their restructuring efforts under the Companies' Creditors Arrangement Act (CCAA). The judges of the Supreme Court, on the bench, unanimously ruled in favour of our clients and overturned the Court of Appeal.

Deloitte Restructuring Inc.

Acting for Deloitte Restructuring Inc., in its capacity as trustee to the notice of intention, in the restructuring of BCBG Max Azria Canada Inc. under the Bankruptcy and Insolvency Act.

Hale Capital Partners

Acted for Hale Capital Partners in connection with a debtor in possession loan to RB Energy Inc. in a Companies' Creditors Arrangement Act proceeding.

Royal Bank of Canada

Acting for Royal Bank of Canada, the most important secured creditor of Artemano Canada Inc., in the latter's restructuring proceedings under the Bankruptcy and Insolvency Act. 

Raymond Chabot Inc.

Acting for Raymond Chabot Inc. in its capacity as trustee to the proposal of Peloton Pharmaceuticals Inc.

O'Leary Funds

Acting for O'Leary Funds, one of the largest unitholders of Boralex Power Income Fund (BPT), in connection with its opposition to the takeover bid made by Boralex Inc. for the outstanding units of BPT. O'Leary is challenging the legality of the takeover bid and is seeking an increased consideration for its units taken up in connection with the takeover bid.

HSBC Bank Canada

Acted for HSBC Bank Canada in connection with the restructuring under the Bankruptcy and Insolvency Act of the Gray Aqua Group, a major aquaculture group of companies with operations in various eastern Canadian provinces.

MEXX Canada Company

Acted for Mexx Canada Company in its restructuring proceedings under the Bankruptcy and Insolvency Act.

HSBC Bank Canada

Acting for HSBC Bank Canada, the most significant creditor of Béton Brunet and its affiliates, in its restructuring attempt under the Companies' Creditors Arrangement Act.

City of Lévis

Acted for the City of Lévis in defence of a class action and other related actions instituted by citizens who have built houses on land which they claim was unsuitable for traditional constructions.

Leonardo S.p.a.

Acting for Leonardo S.p.a. in its lawsuit against Bombardier Inc. in which it seeks the judicial termination of the manufacturing contract for the CSeries horizontal and vertical tail stabilizers, as well as damages totalling $320 million.

RSM Richter and Royal Bank of Canada

Acted for RSM Richter and Royal Bank of Canada in connection with a personal bankruptcy involving claims of $30 million and the validity of a protective trust.

Hydro-Québec

Acted for Hydro-Québec before the Québec Court of Appeal in its appeal against a judgment of the Québec Superior Court awarding $27 281 556 in damages to Construction Kiewit Cie., a contractor hired by the public utility company to build a hydroelectric dam for $111M. Kiewit originally claimed $59 355 847 for various losses which were allegedly incurred during construction as result of either force majeure or Hydro-Québec's fault.

Ingram Micro Inc.

Acted for Ingram Micro Inc. in connection with the restructuring of Groupe Dumoulin and its affiliates under the Companies' Creditors Arrangements Act.

“With Leave or Not With Leave, That is the Question – When is an Order “Made Under” the CCAA?”, co-author

Feb. 02, 2024 - CanLII and Thomson Reuters
Read the article.

Canadian Association of Insolvency and Restructuring Professionals, 21st Annual Review of Insolvency Law Conference, “Spoiled for Choice: More Options, More Opinions, More Questions?”; Vancouver, BC

Feb. 02, 2024

Top Court Denies Leave to Appeal in Contested Application for a Reverse Vesting Order in Nemaska Restructuring Proceedings

Apr. 30, 2021 - The Supreme Court of Canada (SCC) has denied leave to appeal in the proceedings of Nemaska Lithium Inc. and its subsidiaries (collectively, Nemaska) under the Companies’ Creditors Arrangement Act (CCAA). In November 2020, the Québec Court of Appeal (QCA) dismissed leave applications from...

Québec Court of Appeal Settles Controversy Regarding Applicability of CCQ Requirements to Appointment of a Receiver

July 21, 2020 - In a unanimous decision, the Québec Court of Appeal (QCA) put an end to a controversy in the case law regarding the implementation of the receiver regime under the Bankruptcy and Insolvency Act (BIA) in Québec. The QCA confirmed that a secured creditor can have a receiver appointed under...

Canada’s Top Court Provides Crucial Guidance on the Conduct of Insolvency Proceedings

May 08, 2020 - The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020. Davies represented the principal – and successful – appellants in this matter....

Canada’s Top Court Releases Precedent-Setting Decision on Litigation Funding and a Court’s Discretion in Restructuring Process

Jan. 28, 2020 - The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The...

Canadian Bar Association, “Annual Review of Bankruptcy and Insolvency Case Law”; Québec City, QC

Sept. 18, 2018

Canadian Bar Association, “Annual Judicial Review of Bankruptcy and Insolvency”; Montréal, QC

June 06, 2018