Our firm acts regularly in large, complex and high-stakes litigation or arbitration, in matters of vital importance to our clients. We are there to counsel and to represent our clients, and to defend their interests, whether before the courts of justice or arbitration tribunals, or by way of negotiation or mediation.
Our firm frequently acts in matters relating to insolvencies and restructurings. In 2012, our insolvency and restructuring group welcomed Mtre. Sylvain Vauclair, a leading expert in insolvency in Canada, as partner in charge of the group.
Re: Canwest Global Communications Corp., 2010 ONSC 4209: We represented Goldman Sachs in connection with its approx. $700 million claim in litigation relating to the restructuring of CanWest Global Communications Corp. and its $2 billion acquisition by Shaw Communications Inc.
Re Metcalfe & Mansfield Alternative Investments II Corp. et al., (Re), 2008 ONCA 587: We acted in the matter of the restructuring of the Canadian market of asset-backed commercial paper (ABCP), worth some $32 billion. We also challenged the restructuring plan for a one billion dollar group of noteholders, namely Air Transat, Pharmacies Jean-Coutu, Aéroports de Montréal and the Société générale de financement du Québec.
Michaud v. Steinberg Inc.,  R.J.Q. 1684 (C.A.): We successfully challenged Steinberg’s restructuring plan which included clauses releasing directors of the corporation.
Toronto-Dominion Bank v. BNP Paribas (Canada), 2005 QCCA 426: We represented the Toronto-Dominion Bank in this matter where BNP claimed prior rights over the inventories of bankrupt third party.
Toronto-Dominion Bank v. Windheim, J. E., 2003-2172 (C.A.):We successfully defended the Toronto-Dominion Bank that was sued for having authorized the deposit of fraudulently endorsed cheques.
Examples of Mtre. Sylvain Vauclair’s past insolvency experience:
Attorney for the Creditors’ Committee in the context of the cross-border restructuring under the CCAA of Pionner Chemical’s bank debt and bondholder debt of over one billion dollars;
Attorney for Eicon Networks Corporation in the context of the restructuring under the BIA and CCAA of its liabilities and multi-jurisdictional operations;
Attorney for Citigroup in the context of Air Canada’s restructuring under the CCAA;
Attorney for QIT Fer et Titane inc. (part of the Rio Tinto group), principal creditor in the context of Ivaco Inc.’s restructuring under the CCAA;
Attorney for the special committee of debenture holders in the context of the restructuring under the CCAA of Boutiques San Francisco, a major Quebec fashion retailer;
Attorney for Uniboard Inc. and its subsidiaries in the context of the out of court restructuring of their bank and bondholder debt in the amount of $275 million;
Attorney for Papiers Gaspésia, Limited Partnership (paper mill project in the Province of Quebec totaling $700 million) in the context of the corporate restructuring under the CCAA;
Attorney for Climan Transport in the context of its bankruptcy proposal;
Attorney for Longroad Asset Management, a U.S. equity fund, as lender and purchaser of the new CS Brooks (textile industry) equity in the context of CS Brooks’s debt restructuring under the CCAA;
Attorney for RSM Richter as controller under the CCAA and then as trustee in bankruptcy of Jetsgo Corporation;
Attorney for SGF in the context of the Tembec plan of arrangement under the CBCA;
Attorney for the SONACC government agency in the context of Attractions Hippiques’ proceedings under the CCAA;
Attorney for Boises Cascades in the context of its attempt to acquire Temlam assets in the Temlam bankruptcy;
Attorney for Unimax in its attempt to acquire Tirecraft in the context of Tirecraft’s proceedings under the CCAA;
Attorney for BNP Canada, one of Quebecor World’s lenders, in the context of Quebecor World’s proceedings under the CCAA;
Attorney for Textron Financial in the context of Collins & Aikman’s proceedings under the CCAA;
Member of the team of attorneys for Chrysler Canada during the financial crisis and restructuring of the Canadian and American auto industry;
Attorney for CGI in the context of the restructuring of Aveos’s liabilities;
Attorney for Conjuchem in its attempt of restructuring under the CCAA;
Attorney for FSTQ and a French investment fund as interim lender and purchaser of Mecachrome’s share capital in the context of proceedings under the CCAA and the French safeguard;
Attorney of Osisko in its attempt to acquire Northern Star Mining in the context of Northern Star’s bankruptcy proposal;
Attorney to bondholders in the context of the informal restructuring of United Farmers of Alberta’s bondholder obligations;
Attorney for GE in the context of White Birch’s proceedings under the CCAA;
Attorney for RSM Richter as controller in the context of Kitco Metals’ proceedings under the CCAA;
Member of the team of attorneys for Pakit Inc. in the context of Pakit’s restructuring under the CCAA;
Attorney for Dow Corning in the context of Timminco’s proceedings under the CCAA;
Attorney for GE Aviation in the context of Aveos’s proceedings under the CCAA.