Representative Mandates

Court of Appeal confirms that COVID-19 Does Not Excuse a Failure to Pay Rent

The Ontario Court of Appeal (“Court”) recently clarified the scope of what terms are appropriate when granting relief from forfeiture p...

COVID-19 Does Not Excuse a Failure to Pay Rent

Courts will not rewrite leases by granting tenants rent abatements, despite the impact of the COVID-19 pandemic. That was the bottom line conclusio...

JTI-Macdonald Corp.

TGF acts as counsel to the Applicant in its CCAA proceedings. JTIM’s CCAA proceedings are related to the CCAA filings of both Rothmans, Benso...

Western University: Characterization of unpaid tuition under the BIA

This case set a precedent in its findings that (i) unpaid tuition constituted a debt in the nature of a student loan under the Bankruptcy and Insol...

Nortel Networks UK Pension Claimants

Canadian Insolvency Counsel for the UK Pension Claimants, the largest single creditor in the worldwide Nortel Networks proceedings - $4 Billion.

United States Steel

Contentious three-way battle between US Steel, employee and pensioner union and the Province of Ontario.

Cash Store: Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial Services Inc.

Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial Services Inc.

Hollinger: Hotly contested CCAA application resulting in a global settlement

The file involved a hotly contested CCAA application resulting in a global settlement amongst stakeholders followed by a creative harvesting of litigation assets by a litigation trustee all under and as part of a CCAA filing.

Mobilicity

An unusual case involving the Federal Government and a pending lawsuit in respect to the government's actions.

Insolvency Institute of Canada: Precedent-setting Indalex case

Counsel to the Insolvency Institute of Canada, which was granted intervener status and participated on an appeal to the Supreme Court of Canada in the precedent-setting Indalex case.

Coopers & Lybrand

Counsel to Coopers & Lybrand in connection with its restructuring proceedings, and litigation counsel in connection with the successful defence of claims against Coopers with a value of approximately $400M.

AbitibiBowater: Counsel to the Court-appointed Monitor

Counsel to Ernst & Young, court-appointed monitor in the successful cross-border restructuring of the AbitibiBowater entities, one of the world's largest publicly traded pulp and paper manufacturers

Target Canada

Represented a landlord of several properties which completed a pre-emptive transaction to regain its properties and avoid the sales process.

SquareTwo Financial Corporation

Canadian counsel to the companies with respect to a US$400 million prepackaged restructuring plan in Canada and the US.

Durham College

Represented the College in obtaining the first court-appointed Receiver over a student association in a post-secondary context.

Performance Sports Group cross-border restructuring.

TGF represents the court-appointed monitor Ernst & Young in the cross-border restructuring of Performance Sports Group Ltd. and its subsidiaries. Performance Sports Group Ltd. and 17 of its subsidiaries entered into dual plenary cross-border proceedings

Environmental Regulators: Counsel to environmental regulators in connection with numerous mining insolvencies

Counsel to environmental regulators in connection with numerous mining insolvencies.

Lakeport Brewing: A D&O liability claim that resulted in a $1.8 million award

Defended the former principal of Lakeport Brewing Corp. in the defence of a $50 million officer and director liability claim.

Endurance Energy Ltd.: CCAA proceedings for Endurance Energy Ltd

Represents Endurance Energy Ltd. in connection with its proceedings under the CCAA, an Alberta-based oil and gas production company, which successf...

Blockbuster: An orderly liquidation of over 400 stores with significant cross-border issues

Counsel to the Receiver of Blockbuster Canada - an orderly liquidation of approximately 440 stores with significant cross-border issues.

Wabush Mines: CCAA proceedings for Wabush Mines

Advising the DIP Lender in the CCAA proceedings for Wabush Mines

Mady Collier Centre Ltd.: Counsel to the Lending Syndicate and DIP Lender

Advising the lending syndicate and DIP Lender in the CCAA proceedings for Mady Collier Centre Ltd.

Co-op Atlantic: Counsel to the senior secured lender and DIP Lender

Advised the senior secured lender and DIP Lender in the CCAA proceedings for Co-op Atlantic, formerly one of Atlantic Canada’s largest co-operatives

Extreme Fitness, Inc.: Counsel to the senior lender

Advised the senior secured lender in the CCAA proceeding for Extreme Fitness, Inc.

Flextronics Corporation: Counsel to Flextronics during the CCAA restructuring of Nortel

Counsel to Flextronics Corporation, Nortel's largest supplier and significant creditor, during the CCAA restructuring of Nortel

Redstone Investment Corporation and Redstone Capital Corporation: Court-appointed representative counsel

Acted as the court-appointed representative counsel to the Redstone Capital Corporation investors in connection with a motion to substantively consolidate the estates of three related Redstone entities.

Ghana Gold Corp.: Representing debtor in CCAA proceedings

Part of the team representing the court-appointed Monitor in the CCAA proceedings of Ghana Gold Corp. Representing the debtors in the CCAA proceeding involving Ghana Gold Corp.

DIP Lender

Restructuring case of one of the largest pork producers in Ontario.

Securities and Exchange Commission

Advisor to OSC and representative to SEC in a cross-border proceeding.

Farley WinDoor Ltd.: Debtor counsel in CCAA filing

Debtor counsel in CCAA filing.

Represented General Motors Corporation in troubled supplier litigation to secure its automotive manufacturing supply chain

Represented General Motors Corporation in troubled supplier litigation to secure its automotive manufacturing supply chain.

Northstar Aerospace group: CCAA proceedings for the Northstar Aerospace group of companies

Advised the court-appointed Chief Restructuring Officer in the CCAA proceedings for the Northstar Aerospace group of companies

Futura Loyalty Group Inc.: Second chair representing the court-appointed Monitor of The Futura Loyalty Group Inc.

Second chair representing the court-appointed Monitor of The Futura Loyalty Group Inc.

Sino-Forest Corporation: Counsel for the Ontario Securities Commission

TGF represented the Ontario Securities Commission in connection with the CCAA proceedings involving Sino-Forest Corporation to ensure those proceedings did not interfere with the enforcement proceedings commenced by Staff of the OSC pursuant to the Securities Act (Ontario). TGF assisted Staff of the OSC in the enforcement proceedings against certain directors and officers and the auditors of Sino-Forest Corporation.

Hartford Computer Hardware, Inc.: Counsel for debtors in connection with foreign main proceedings under the CCAA

Representing the debtors in the recognition under the CCAA of foreign main proceedings involving Hartford Computer Hardware, Inc. and under Chapter 11 of the United States Bankruptcy Code

Hidden Vally Resort, The Elora Mill Inn and Benmiller Inn & Spa

Advised the Court-appointed Receiver of Hidden Valley Resort, The Elora Mill Inn and the Benmiller Inn & Spa

Capital Bank International Limited in Grenada: Counsel to the Liquidator

Advising the Court-appointed Receiver of Capital Bank International Limited in Grenada

Confederation Life and Northumberland General Insurance: Representative Counsel

Representative Counsel in liquidations proceedings.

Fraser Papers Inc. CCAA and Chapter 15 proceedings

Counsel to Fraser Papers Inc. and its Canadian and U.S. affiliates in a restructuring under the CCAA and Chapter 15 of the U.S. Bankruptcy Code, obtaining amendments to provincial pension legislation to facilitate a Plan of Arrangement

Allen-Vanguard Corporation: Counsel to the Syndicate of Lenders to Allen-Vanguard Corporation

Counsel to the Syndicate of Lenders to Allen-Vanguard Corporation, a publicly-traded international military defense corporation, during its restructuring through the CCAA and recapitalization as a private entity

Valle Foam Industries group: Advising the Monitor in the CCAA proceeding for the Valle Foam Industries group of companies

Advising the Monitor in the CCAA proceeding for the Valle Foam Industries group of companies, manufacturers of foam products and defendants in a series of class actions commenced in Canada and the United States

Marriott Hotels of Canada Ltd.: Advised Marriott Hotels of Canada Ltd. in the receivership of The Rosseau Resort Developments Inc.

Advised Marriott Hotels of Canada Ltd., the former operator of the Red Leaves resort hotel and condominium development in Minett, Ontario in connection with the receivership of The Rosseau Resort Developments Inc.

Brainhunter Inc.: Counsel to the Monitor

Advised the Monitor in the CCAA proceeding for Brainhunter Inc., a publicly traded provider of information technology and engineering staffing services

Olympus United Funds Corp.: CCAA proceeding for Olympus United Funds Corp

Advising the Monitor in the CCAA proceeding for Olympus United Funds Corp., commenced by its Court-appointed Receiver to implement a multi-million dollar settlement with the company's former auditors

Baffinland Iron Mines Corporation shareholder remedy dispute

Representing the dissenting shareholders of Baffinland Iron Mines Corporation in pursuit of shareholder remedies.

Defended ICI Canada at trial in an action for specific performance of an agreement for the sale of land in Georgian Bay

Key Porter Books Limited and H.B. Fenn and Company Ltd: Counsel to the debtors

Advised Key Porter Books Limited and H.B. Fenn and Company Ltd., formerly Canada's largest book distributor

GE Capital Aviation Services (Air Canada): Acting on behalf of GE Capital Aviation Services, Inc., a principal stakeholder in the Air Canada CCAA proceedings

Acting on behalf of GE Capital Aviation Services, Inc., a principal stakeholder in the Air Canada CCAA proceedings

Bell Canada reorganization

Acting on behalf of a committee of contesting bondholders in the BCE reorganization, which involved the world's largest leveraged buy-out with an enterprise value of $52 billion.

Athletes World: Represented the Monitor of a retailer in its restructuring and successful Plan of Arrangement under the CCAA

Represented the Monitor of a retailer in its restructuring and successful Plan of Arrangement under the CCAA.

Mosaic Group: Acted as counsel to the court-appointed Interim Receiver of Mosaic Group

Acted as counsel to the court-appointed Interim Receiver of Mosaic Group, a cross-border marketing and technology company, during the liquidation of its assets for the benefit of its creditors

Stelco: Represented the court-appointed monitor Ernst & Young in the restructuring of Stelco

Represented the court-appointed monitor Ernst & Young in the restructuring of Stelco, one of the most significant CCAA restructurings in Canadian history

Muscletech: Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring

Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring

Calpine: Counsel to a committee of unsecured bondholders of Calpine Corporation subsidiaries in oppression proceedings

Counsel to a committee of unsecured bondholders of Calpine Corporation subsidiaries in oppression proceedings, as well as the subsequent cross-border restructuring of Calpine and its subsidiaries

Canada 3000 (Airport Authorities): Successful appeal to the Supreme Court of Canada

Successful appeal to the Supreme Court of Canada.

Irwin Toy: Acted as counsel to the largest unsecured creditor of Irwin Toy during the liquidation of its assets

Acted as counsel to the largest unsecured creditor of Irwin Toy during the liquidation of its assets.

Norshield

Litigation counsel to the receiver, RSM Richter Inc., in the Norshield hedge fund scandal involving the tracing and attempted recovery of over $400 million in funds in several jurisdictions. Involved cross-border proceedings in the United States, Barbados and the Commonwealth of The Bahamas.

Counsel to the Receiver: Portus Group of Companies

Lead litigation counsel to the receiver of the Portus Group of Companies, which involved over $800 million of investor funds at risk in Canada's largest hedge fund scandal.

Portus: Counsel for the Court-appointed Receiver of the Portus Group

TGF represented the Court-Appointed Receiver of the Portus Group of Companies appointed upon the application of the Ontario Securities Commission pursuant to the Securities Act (Ontario). Investors were owed approximately $790,000,000. They recovered 93.13 cents on the dollar of their claims. The largest asset of the Estate were principal protected notes issued by a Canadian Bank which, after extensive negotiations, agreed to prepay the notes on a commercially reasonable basis. The case also involved pursuing monies misappropriated from the Portus Group by one of its principals through various jurisdictions in the Caribbean, Europe, Hong Kong and Israel arising out of the Portus insolvency.

Anicom Multimedia: Represented one of the largest suppliers in the cross-border restructuring of Anicom Multimedia

Represented one of the largest suppliers in the cross-border restructuring of Anicom Multimedia.

Livent Inc.: Independent Counsel to the Monitor and Court-Appointed Receiver in Livent Inc.'s CCAA proceeding and joint Chapter 11 proceeding

Independent Counsel to the Monitor and Court-Appointed Receiver in Livent Inc.'s CCAA proceeding and joint Chapter 11 proceeding

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