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Bankruptcy, Insolvency & Restructuring
Bankruptcy, Insolvency & Restructuring

Stikeman Elliott has the depth and breadth of experience to handle the most complex insolvencies and corporate restructurings for businesses of all sizes in multiple industry sectors. Our bankruptcy, insolvency and restructuring team draws its significant depth from practitioners who are experienced not just in insolvency law, but also in the insolvency-related issues that arise in other areas, including litigation, banking, securities, tax, M&A, pensions, employment and regulatory law.


The Lexpert Guide to the Leading Cross-Border Litigation Lawyers in Canada ranks more Stikeman Elliott lawyers in the Insolvency and Restructuring sector than any other firm in Canada. Our reputation as a leader in the sector has been acquired by guiding many of Canada's most complex commercial restructurings to a successful conclusion. In a practice area noted for tight deadlines, conflicting agendas and complex business and legal issues, our ability to respond quickly, negotiate effectively and craft workable solutions greatly benefits our clients.

In addition to working on some of the highest profile restructuring transactions in Canadian history, including the $32 billion Asset-Backed Commercial Paper restructuring, the largest ever in Canada, and the Air Canada debtor-in-possession financing and restructuring, the largest in Canadian history at that time, our lawyers have assisted management teams across Canada, in businesses of all sizes, in protecting their interests, overcoming business challenges and seizing new strategic opportunities. Our experience includes advising both public and private companies in corporate reorganizations and restructuring, acting for debtors, creditors, accounting firms, trustees under indentures and other stakeholders, negotiating and structuring debtor-in-possession financing arrangements, advising on enforcement of security and acquisition or divestiture of insolvent or distressed assets.

Recognition for Our Work


Stikeman Elliott's experience in major insolvencies is reflected in leading reputational surveys and the Group and its members are cited as Canadian leaders in global legal directories and publications such as Chambers Global, IFLR1000, the Lexpert/American Lawyer Media Guide to the Leading 500 Lawyers in Canada, and Euromoney's Guide to the World's Leading Insolvency and Restructuring Lawyers.

  • The International Who's Who of Insolvency & Restructuring Lawyers 2011 ranks Sean Dunphy, David Byers, and Jean Fontaine as leading lawyers, with Dunphy making the Top 10 "Most Highly Regarded Individuals" in the world.
  • Chambers Global ranks Toronto partners David Byers, Sean DunphyLiz Pillon and Ashley Taylor as leading Canadian lawyers in this field. 
  • Sean Dunphy is ranked in Euromoney's Guide to the World's Leading Insolvency and Restructuring Lawyers.
  • The current edition of IFLR 1000 notes that "They come up with constructive workable solutions to problems. There is never a problem they don't seem to be able to find some fix or solution to." The publication further cites Sean Dunphy, David Byers, Jean Fontaine and Ashley Taylor as leading lawyers in the sector.
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada lists Toronto partners David Byers and Sean Dunphy in the Insolvency and Financial Restructuring practice area. 
  • The Canadian Legal Lexpert Directory ranks David Byers and Sean Dunphy among the "most frequently recommended" insolvency litigators in the Toronto market and Ashley Taylor as "repeatedly recommended". Sean Dunphy is also ranked as "most frequently recommended" in the corporate restructuring field. Jean Fontaine is listed as a "consistently recommended" insolvency practitioner in the Montréal market.


Recent Group Activities

Insolvency partners particpate in ARIL conference
Sean Dunphy is a panel member on "The Implications of Indalex" and Liz Pillon is speaking on "Creditors' Committees-Do They Add Value?" at the 9th Annual Review of Insolvency Law conference being held on February 10, 2012 in Vancouver.

Insolvency lawyers recognized by Lexpert 
Sean Dunphy, David Byers, and Jean Fontaine of the firm's Insolvency Group are recognized as leading lawyers in Lexpert's Special Edition on Insolvency and Restructuring, November 2011.

Insolvency lawyers recognized by Who's Who Legal
Sean Dunphy, David Byers, and Jean Fontaine of the firm's Insolvency Group are ranked as leading laywers in The International Who's Who of Insolvency & Restructuring Lawyers 2011, with Sean Dunphy being cited as one of the top 10 insolvency and restructuring lawyers in the world.

Firm sponsoring IWIRC conference
Stikeman Elliott will be a sponsor at the International Women's Insolvency and Restructuring Confederation Fall Conference, taking place October 11 - 13 in Tampa, FL. Elizabeth Pillon and Nancy Ramalho of the Bankruptcy, Insolvency and Restructuring Group will be attending.

Insolvency lawyer instructing on bankruptcy 
Maria Konyukhova will be teaching at Osgoode's Master of Laws intensive bankruptcy course in June 2011 .

Indalex Restructuring
The firm acts for the Court-appointed Monitor of Indalex Limited and related entities in its ongoing CCAA proceedings. (Legal team: Ashley Taylor and Lesley Mercer)

Stikeman Elliott restructuring receives TMA award
The global restructuring of AbitibiBowater Inc. undertaken by the firm's Bankruptcy, Insolvency & Restructuring Group was named "Turnaround of the Year 2010" by the Turnaround Management Association. The $6 billion global restructuring process involved an unprecedented number of cross-border implications and many challenges in finding an equitable way to apply the sometimes divergent Canadian and US laws. Click here for a summary of the restructuring, including the Group's legal team involved.

IFLR Law Firm of the Year
Stikeman Elliott has been named the 2011 Canadian Law Firm of the Year by the International Financial Law Review, on the strength of its rankings in M&A, Corporate Finance, BankingRestructuring and Project Finance.

Priszm Income
Fund filing
The firm acted for Priszm Income Fund in respect of its filing under Companies' Creditors Arrangement Act and the additional financing related thereto.

'Best of Canada' lauded in Financial Post
Stikeman Elliott's ranking among Canada's top five law firms by Chambers Global was cited by the Financial Post, with special mention of the firm's market-leading practices and individuals in M&AMining and Restructuring.

Firm sponsor of IWIRC
Stikeman Elliott is proud to be a gold level sponsor in the International Women's Insolvency Restructuring Confederation's 2011 activities, including the spring and fall conferences.

#1 Cross-border corporate counsel
Stikeman Elliott has the most lawyers ranked in the areas of M&A (10), Corporate Finance (13) and Insolvency & Restructuring (2) in Lexpert's 2010 Guide to the Leading US/Canada Cross-Border Corporate Lawyers.


 
Contacts
Key Contacts

Montréal:
Jean Fontaine 
Guy Martel

Toronto:
David Byers
Sean Dunphy

Ottawa:
Stuart McCormack

Calgary:
Michael Mestinsek
David Wood  

Vancouver:
Hein Poulus

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