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.

Ivanhoé Cambridge Inc. and Oxford Properties Group

Acting for Ivanhoé Cambridge Inc. and Oxford Properties Group in the restructuring proceedings of Le Château Inc. under the Companies' Creditors Arrangement Act.

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.

Fulcrum Capital Partners Inc.

Acted for Fulcrum Capital Partners Inc. and some of its related entities in the context of G.I. Sportz's restructuring under the Bankruptcy and Insolvency Act, utilizing the relatively rare foreign recognized Canadian receivership proceedings to implement a cross-border asset sale to the purchaser of secured debt.

Fédération des Caisses Desjardins

Acted for Fédération des Caisses Desjardins in connection with the cross-border restructuring of Cirque du Soleil under the Companies' Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code as well as the implementation of cash management arrangements and other facilities.

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.

Bentley Leathers Inc.

Acted for Bentley Leathers Inc., a Montréal-based luggage, handbags and travel accessories retailer, in its restructuring into a new entity to preserve over 160 of its 250 stores across Canada.

Things Remembered Canada Inc.

Acted for Things Remembered Inc. (Canada) and Things Remembered, Inc. (U.S.) in their cross-border restructuring proceedings under the Bankruptcy and Insolvency Act in Canada and Chapter 11 of the U.S. Bankruptcy Code.

Deloitte Restructuring Inc.

Acting for Deloitte Restructuring Inc. in its capacity as receiver of SPG International Ltd.

Formula E Operations Ltd.

Successfully acted for Formula E Operations Ltd. (FEO) in connection with its claims arising from the City of Montréal's decision to cancel the Montréal ePrix. This includes asserting FEO's claims against the City of Montréal and in the bankruptcy proceedings of Montréal C'est Électrique, a non-profit corporation set up by the City for the purposes of acting as promoter of the Montréal ePrix.

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.

RBC Financial Group

Acted for RBC Financial Group regarding the financial restructuring of debtors.

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.

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. 

Laurentian Bank of Canada

Acting for Laurentian Bank of Canada, one of the debtor's most important secured creditors, in the restructuring of Gestion Eric Savard under the Companies' Creditors Arrangement Act.

Interaction Asian Restaurants LP

Acted for Interaction Asian Restaurant LP, the Canadian operator of the PF Chang's restaurant chain, in its restructuring proceedings under the Bankruptcy and Insolvency Act.

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.

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.

Ernst & Young Inc.

Acted for Ernst & Young Inc., as receiver for Northern Star Mining Corp. and Jake Resources Inc., in connection with a sale of the debtors' assets in the context of proceedings under the Bankruptcy and Insolvency Act.

HSBC Bank Canada

Acting for HSBC Bank Canada, a significant creditor of Homburg Invest Inc. and its subsidiaries, in the restructuring attempt of Homburg Invest Inc. under the Companies' Creditors Arrangement Act.

Samson Bélair/Deloitte & Touche Inc.

Acted for Samson Bélair/Deloitte & Touche Inc. as receiver in relation to the environmental aspects of the restructuring of AbitibiBowater (now known as Resolute Forest Products), including the sale of real estate properties in several provinces.

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.

G.I. Sportz Inc.

Acted for G.I. Sportz Inc. in its acquisition of the assets of Procaps LP, a leading paintball manufacturer, and its affiliates in connection with a receivership process.

ExelTech Aerospace Inc.

Acted for ExelTech Aerospace Inc. and related companies in connection with proposals and asset sales under the Bankruptcy and Insolvency Act.

Shermag Inc.

Acted for Shermag Inc. and its subsidiaries in connection with its Companies' Creditors Arrangement Act proceedings.

Cinar Corporation

Acted for Cinar Corporation by successfully obtaining judgments on behalf of Cinar and its affiliates from the Superior Court and Court of Appeal ordering Paquette & Associés to pay the proceeds from the sale of the residences of Ronald Weinberg (which amounted to over $4 million) to the Weinbergs' creditors, including in particular, Cinar.

Adaltis inc.

Acted for Adaltis Inc. in proceedings under the Companies' Creditors Arrangement Act and subsequent bankruptcy proceedings.

Alvarez & Marsal Canada ULC

Acted for Alvarez & Marsal Canada ULC as monitor of Maax Inc. and its subsidiaries under the Companies' Creditors Arrangement Act and proceedings under Chapter 15 of the U.S. Bankruptcy Code.

Cinar Corporation

Acted on behalf of Cinar Corporation in significant litigation in Canada and elsewhere involving the recovery of in excess of $100 million in relation to certain unauthorized transactions effected by past directors and officers of the corporation. This litigation also involved multi-jurisdictional safeguard, enforcement and liquidation proceedings.

HSBC Bank Canada

Acting for HSBC Bank Canada, the most important guaranteed creditor of ROL Manufacturing (Canada) Ltd. and its subsidiaries, in relation to its restructuring attempt under the Companies' Creditors Arrangement Act proceedings and United States Chapter 15 proceedings of ROL Manufacturing and its subsidiaries.

Laurentian Bank of Canada

Acted for Laurentian Bank of Canada, a significant secured creditor of Groupe de Scieries GDS and its subsidiaries, in their restructuring attempt under the Companies' Creditors Arrangement Act. Davies was successful in obtaining for the Bank significant modifications to the Initial Order, which led to the Bank's claim being purchased by another creditor.

Amcor Limited

Acted for Amcor Limited in the sale of its White Cap business in Europe, Asia, Brazil and the US to Silgan Holdings Inc. for a base price of $230 million.

Cinar Corporation

Acted for Cinar Corporation and its affiliates, in the context of a litigation for over $100 million in damages, where an ex parte worldwide asset freezing injunction was obtained against two defendants who were the companies' past directors, Ronald Weinberg and the Estate of his late wife Micheline Charest, and related parties. Leave to appeal this decision was denied by both the Québec Court of Appeal and the Supreme Court of Canada.

Doing Business in Canada 2023, contributor

Nov. 14, 2023 - Davies’ Doing Business in Canada guide provides executives, in-house counsel and foreign investors with an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada…

Insolvency Insider, “Q4 2021: Capping Off Another Bizarre Year in Insolvency”; Webcast

Feb. 01, 2022

Insolvency Institute of Canada, 2021 National Conference, “Sea to Sea I / East (Atlantic Canada & Quebec)”; Webcast

Nov. 04, 2021

Christian Lachance Speaks to La Presse About Impact of Subsidy Cuts on Business Restructurings

July 21, 2021 - In a recent article in La Presse (available in French only), Davies partner Christian Lachance shares his insights on the potential impacts of a reduction in government subsidies on business restructurings and the steps that entrepreneurs can take to preserve their businesses. Given the...

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...

Natasha MacParland and Christian Lachance Discuss Davies’ Insolvency Study with Canadian Lawyer

Jan. 15, 2021 - Business insolvencies in Canada declined in 2020 despite COVID-19, according to a recent Davies report highlighted this week in Canadian Lawyer. Davies partners Natasha MacParland and Christian Lachance spoke to the magazine about what the findings reveal and what they might signify for...

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...

Super Priority or Super Powers? FCA Rules That CRA Can Collect Unremitted GST on Proceeds of Third-Party Secured Interest

May 20, 2020 - In The Toronto-Dominion Bank v Queen (2020 FCA 80), the Federal Court of Appeal (FCA) confirmed a Federal Court (FC) decision and ruled that a secured creditor had a statutory obligation to pay the Canada Revenue Agency (CRA) for a tax debt of an arm’s-length borrower because the secured...

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...

Callidus Capital Corporation v HMQ: Last Word Goes to the Secured Creditor

Nov. 14, 2018 - The Supreme Court of Canada (the SCC) has overturned the decision rendered by a majority of the Federal Court of Appeal (the FCA) in Callidus Capital Corporation v Her Majesty the Queen. The case originated out of a motion filed in the Federal Court (the FC) by Callidus Capital...

Liquidating CCAAs and Pension Deemed Trust Priorities

Sept. 14, 2017 - The very clearly written decision of Québec Superior Court Justice Stephen Hamilton in the Bloom Lake and Wabush Mines Companies’ Creditors Arrangement Act (CCAA) proceedings is certain to be the topic of current discussion in the Canadian insolvency and secured lending communities. See...

Le Conseil des Syndics de faillite du Québec, L’Association québécoise des professionnels de la réorganisation et de l’insolvabilité Annual Conference, “Jurisprudential Assessment on Commercial Insolvency”; Montréal QC

Nov. 20, 2013

The Canadian Institute, conference, “Canada-wide review of decisions of the last year and their impact on your practice”; Montréal, QC

Oct. 26, 2013

Insight Information, conference, “Jurisprudential Assessment on Commercial Insolvency”; Montréal, QC

Sept. 27, 2012