Dave has represented a broad variety of constituents who find themselves involved in insolvent circumstances.  This has included advice to the following stakeholders:

Agriculture

• The lead lender to a grain brokerage, involving the liquidation of its commodity book

• A producer in connection with its multi-jurisdictional liquidation

Class Actions

• A lending syndicate in a plan pursuant to the provisions of the Companies’ Creditors Arrangement Act to participate in the settlement of a major class-action lawsuit

• A major counterparty in the use of the Companies’ Creditors Arrangement Act to participate and settle claims in a multi-jurisdictional class action lawsuit

Energy

• An oil and gas producer in connection with cross-border proceedings under the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code that recapitalized the debtor’s capitalization

• An oil and gas producer in connection with the sale of its properties, and associated reclamation obligations, under the provisions of the Companies’ Creditors Arrangement Act

• The purchaser in a competitive bid process conducted under the Companies’ Creditors Arrangement Act

• The stalking-horse bidder in the successful purchase of substantially all of the property of a multi-jurisdictional oil and gas service company pursuant to the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

• The stalking horse-bidder in the successful purchase of substantially all of the debtor’s oil sands leases in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code.  The engagement included the successful conclusion of a complicated, multi-jurisdictional claims process

• The Receiver in connection with the liquidation of a multi-faceted oil & gas producer in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

• The Receiver in connection with the liquidation of a multi-faceted oilfield services operation in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

• A Monitor in the cross-border restructuring of an oil & gas producer pursuant to the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code. The engagement included the creation and litigated defence of the validity and priority of court-ordered charges

• A lender in the course of advancing a Debtor-in-Possession facility to a borrower seeking protection under the Companies’ Creditors Arrangement Act and then assisting in the full recovery of both the DIP facility and the original loan

Food & Beverage

• A Receiver in the liquidation of a brewery

• A Receiver in the liquidation of multiple retail grocery operations

• A restaurateur in the successful reorganization of its restaurant pursuant to the provisions of the Bankruptcy and Insolvency Act.

Finance

• The Trustee in connection with the liquidation of a failed financial institution in proceedings under the Bankruptcy and Insolvency Act

• A counterparty in the liquidation of a crypto-currency exchange

• Various industry counterparties in the liquidation of commodity exchanges

• A leading industry association in the swaps and derivative community in advancing intervenor status re: the liquidation of eligible financial contracts (EFCs) pursuant to the provisions of the Companies’ Creditors Arrangement Act

• An international credit-provider in connection with its out-of-court liquidation of its international portfolio

Hospitality

• A receiver in the liquidation of a series of hotels and related businesses

• A lender in connection with the restructuring of a luxury resort hotel and spa

Manufacturing

• The Monitor in the cross-border reorganization of an infrastructure supplier.  The cross-border restructuring involved coordinating proceedings in Europe, the U.S., and Canada

• The Receiver in the liquidation of a bottle manufacturing business

• The Trustee of a furniture manufacturer advancing a successful reorganization under the provisions of the Bankruptcy and Insolvency Act

Mining

• A syndicate of foreign lenders instigating proceedings under the provisions of the Companies’ Creditors Arrangement Act

• A foreign purchaser of three surface coal mines pursuant to the provisions of the Companies’ Creditors Arrangement Act. The transaction won the Restructuring Deal of the Year (US$100 million to US$250 million) at the 2017 M&A Advisor Awards 

• A lender in connection with the liquidation of a gravel site and its associated environmental issues.

Health and Wellness

• A Receiver in connection with the ongoing management, and ultimate sale, of a senior care facility

• A Liquidator winding-up a senior care facility pursuant to the provisions of the Companies Act allowing for the conversion of a series of life tenancy arrangements for the continued benefit of the residents

• A Receiver in connection with the stabilization and ultimate sale of a community recreational centre

Real Estate

• A multi-family real estate developer in connection with its reorganization pursuant to the provisions of the Companies’ Creditors Arrangement Act

• A real estate development firm in connection with its reorganization pursuant to the provisions of the Companies’ Creditors Arrangement Act

• A single project condominium development project pursuant to the provisions of the Companies’ Creditors Arrangement Act

• The Receiver of approximately 60 commercial properties throughout Canada

• A lender in connection with the foreclosure of a commercial property

Retail

• A Canada-wide retailer in the liquidation of its holdings pursuant to the provisions of the Companies’ Creditors Arrangement Act

• A national landlord in connection with multiple leases it had extended to a national retail chain pursuant to the provisions of the Companies’ Creditors Arrangement Act

Technology

• A lender in connection with the liquidation of an international gaming website

• A receiver in the liquidation of an R&D facility focused on the development of biofuels

Transportation

• An international trucking company in connection with its reorganization pursuant to the provisions of the Bankruptcy and Insolvency Act

• Lessors in connection with leases they had extended in favour of a national airline in connection with its proceedings pursuant to the provisions of the Companies’ Creditors Arrangement Act