We are dynamic, creative and business-minded restructuring lawyers with the depth, expertise and experience necessary to guide clients through all manner of in-court and out-of-court restructurings, liability management, financings and distressed and special situation matters.
Our team prides itself on its ability to deliver smart, practical and cost-efficient strategic and tactical advice to clients. We routinely advise businesses on operational and financial reorganizations, distressed acquisitions, liquidations and other restructuring transactions. Our work includes forbearance, security enforcement, equity and debt investment and advising senior management and boards of directors on corporate duties and responsibilities in insolvency situations.
Our thriving domestic and international restructuring practice is recognized for its special expertise in matters involving US Chapter 11 proceedings, with many of our members acting as Canadian counsel in cross-border matters.
Trusted Advisors for Major Stakeholders
The Group represents debtors, court-appointed officers (including monitors, receivers and trustees), secured creditors and purchasers across a full range of in-court and out-of-court restructurings. We also act as representative counsel for stakeholder groups in larger and more complex matters.
Our lawyers are as comfortable in the boardroom as the courtroom, and although we are counsel of choice for complex court-supervised insolvency litigation mandates, many of the firm’s biggest wins have been those in which successful negotiations kept its clients out of court proceedings.
Deep Experience Across a Broad Range of Industries
Miller Thomson’s team members have played lead roles in proceedings across a broad spectrum of industries, including such innovative and cutting-edge businesses as cannabis, cryptocurrency, biotechnology and space law.
The firm also has tremendous experience advising clients in more traditional industries such as finance, securities, real estate and property development, manufacturing, mining and natural resources, retail, media and broadcasting, not-for-profit, technology and professional services.
In addition to our work with traditional commercial entities and professional services firms, members of the Restructuring & Insolvency Group advise charities, community groups, social justice advocates, indigenous bodies, religious organizations and other non-profit entities, with a view toward strengthening Canada’s social fabric.
Uniquely Pan-Canadian Law Firm
Miller Thomson is a uniquely Pan-Canadian law firm. With offices in five provinces and every major city in Canada, we are uniquely positioned to assist companies in addressing their immediate and critical business needs, wherever and whenever they may arise.
Multi-Disciplinary Approach
Our Group actively leverages the deep bench of industry-specific expertise that the firm offers in order to enhance client value.
We work alongside and collaborate closely with industry-leading specialty groups, drawing on the firm’s expertise in securities, environmental and trade law, pensions and benefits, commercial litigation, mergers and acquisitions, real estate, labour and employment, and intellectual property.
Active Involvement and Thought Leadership
We are actively involved in the leading insolvency professional organizations such as INSOL International, the International Insolvency Institute, the Insolvency Institute of Canada and the Turnaround Management Association.
Our members also lecture at top Canadian law schools and regularly author academic and professional publications on a wide range of current insolvency topics.
Representative Mandates
- Bridging Finance Misrepresentation Claimants
- Hi-Rise Capital Ltd.
- QuadrigaCX
Notable matters
- Court-appointed representative counsel for the Ad Hoc Committee representing investors holding approximately $2 billion of non-bank sponsored Canadian Asset Backed Commercial Paper (ABCP) in responding to the freeze in trading in the $32 billion ABCP market beginning in August, 2007 and the subsequent reorganizational plan under the Companies’ Creditors Arrangement Act (CCAA). Counsel on several critical reported decisions on the ABCP restructuring which has been called “the largest and by far the most complex restructuring in Canada’s history” (American Lawyer Magazine).
- Representing the court-appointed receiver of Tiercon Industries Inc., a major international automotive parts supplier
- Represented Cu-Connect, a company providing Internet switching services to credit unions and other financial institutions, as well as automatic teller machine services, in its reorganizational proceedings under the CCAA
- Represented GE Capital Corporation in the international insolvency of the Calpine Group
- Court-appointed representative counsel for the Ad Hoc Committee of Tort Claimants in the international insolvency of the Muscletech group of companies pursuant to the CCAA and Article 15 of the United States Bankruptcy Code
- Representing a group of major Canadian airport authorities in the Air Canada CCAA restructuring
- Representing two major Canadian banks in the Air Canada CCAA restructuring
- Representing a major Texas-based telecom company in the CCAA restructuring of Teleglobe
- Representing a major Canadian Bank in the cross-border Restructuring of the Laidlaw group of companies
- Acting for the Bankruptcy Trustee of Bre-X Minerals including obtaining Mareva injunctions and coordinating collection activities in several foreign jurisdictions
- Acting for a secured creditor of Solvex, a U.S. / Canada cross-border reorganization
- Representing the agent for the liquidator in the Sovereign Life Insurance Company liquidation
- Representing a variety of stakeholders, including a pipeline company, a gas marketer, joint venturers, and secured creditors in the CCAA restructurings of Blue Range Resources Corp. and FracMaster
- Acting for the biggest single creditor organization in the Confederation Life liquidation—the largest insurance company liquidation in North American history
- Advising a significant landlord in the Eaton’s / Dylex / Dalmy’s CCAA restructurings and other major retail CCAA and BIA reorganizations
- Acting for the Government of Québec and Héma-Québec in the CCAA proceedings by the Canadian Red Cross Society
- Acting for the Government of Newfoundland in Royal Oak Mines’ CCAA proceedings
- Acting as Alberta counsel for the noteholders of Hurricane Hydrocarbons and the Creditor Committee of Smokey River Coal, current CCAA restructurings
- Representing the British Columbia and Ontario Governments in the Canadian Airlines restructuring
- Representing the British Columbia Government in the Skiing Louise restructuring
- Representing the purchaser of an operating subsidiary of American Eco in the American Eco restructuring
- Representing the pension fund administrators or custodians in many major Canadian insolvencies
- Representing banks, life insurance companies and other financial institutions in many major receiverships and reorganizations
- Advising receivers and bankruptcy trustees in many major corporate administrations
