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Insolvency and Restructuring Litigation

woman in front of white wash board

In an increasingly global marketplace, the effects of the insolvency of a Canadian business can be felt not just in Canada, but also in the U.S. and beyond.

While there are some similarities to U.S. bankruptcy proceedings, the unique features of Canadian insolvency and restructuring litigation can give rise to challenges for those unfamiliar with insolvency proceedings north of the border.

woman in front of white wash board

Most insolvency and restructuring processes in Canada – from large cross-border restructurings pursuant to the Companies’ Creditors Arrangement Act, to receiverships, to proposals under the Bankruptcy and Insolvency Act – will involve court proceedings to some extent. 

Our insolvency and restructuring group has extensive experience in a wide array of insolvency and restructuring litigation and can assist U.S. clients successfully navigate the fast paced, ‘real time’ litigation of Canadian insolvency proceedings.

Our team can advise and act on every aspect of insolvency related litigation, including complex debtor restructurings, priority disputes between creditors, disputed claims of lien, set-off and constructive trust, applications for interim financing, and sale approval applications.

Whether you are a debtor, lender, supplier or other creditor, Fasken’s insolvency and restructuring group has the technical skills and commercial understanding to ensure that your rights and interests are protected and advanced at every stage of all types of Canadian insolvency litigation.

Our clients include insolvency professionals in Canada and around the world, all of Canada’s largest financial institutions, specialists in distressed lending and investment, and public and private companies. Fasken has the expertise to advise all our clients on how best to achieve their objectives.

Who can we help?

  • Mining
  • Retail
  • Technology and Intellectual Property, including Start-Up Technology
  • Telecommunications
  • Pharmaceutical and Life Sciences
  • Oil and Gas and Energy
  • Alternative Energy
  • Residential and Commercial Property Development
  • Manufacturing
  • Media
  • Health Care
  • Forestry and Pulp and Paper

Notable Wins & Key Clients