Insolvency and Restructuring
InsuranceCases
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Counsel to a Canadian commercial landlord in an action for breach of contract arising from the default by WeWork on certain commercial lease agreements and in respect of concurrent bankruptcy proceedings in the United States and Canada.
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Counsel to the court-appointed receiver in contempt proceedings on the Commercial List. Successfully obtained a finding of civil contempt and a full indemnity costs award – both of which were upheld on appeal.
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Counsel to G2S2 Capital Inc., a significant creditor, in connection with a contested CBCA restructuring of Calfrac Well Services Ltd.
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Counsel to the court-appointed receiver in an application to recover a judgment debt from Xela Enterprises Ltd., the parent company to several subsidiaries located primarily in Central America and the Caribbean.
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Counsel to the Respondent Laurentian Bank Securities in opposing an application for an interim injunction with respect to the Applicants’ margin accounts brought at the onset of the COVID-19 pandemic in North America.
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Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.
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Counsel to Sears Holdings Corporation in connection with four Canadian class actions and related CCAA insolvency proceedings in Canada.
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Counsel to the GIP Primus, LP in oppression proceedings brought by the Monitor in the context of Algoma's CCAA proceeding.
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Counsel to the homeowners in a successful appeal to determine a question of law that the limitation period did not expire prior to the commencement of the action based on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.
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Counsel to GCNA in a priority dispute with a secured creditor in the context of a receivership. Successfully overturned a body of prior jurisprudence, in an appeal heard by a five-judge panel of the Court of Appeal for Ontario, and established that deemed trust claims under the Construction Lien Act survive bankruptcy.
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