Mark Schrager is a partner in the Financial Restructuring & Insolvency and Litigation practices. He has represented debtors, creditors, purchasers, landlords, liquidators, trustees and directors on matters ranging from litigation to corporate reorganizations and asset sales and financing. Mark has represented banking and non-banking lending institutions in traditional and asset-based loans as well as syndicated facilities.
Mark’s litigation experience, both at the trial and appellate levels, includes bankruptcy, insolvency and realization matters as well as shareholder disputes, creditors’ rights and real estate cases for numerous institutions and private concerns.
Representative Work
- Acted as insolvency counsel to Adaltis Inc., a health care company publicly traded in Canada, with operating subsidiaries in China and Italy.
- Acted for R.J. Corman Railroad Group regarding a disputed bidding process in the insolvency of Railpower Technologies Inc.
- Acted for Boutique Liliane and La Vie en Rose against La Senza in a contested bidding procedure in the insolvency of Boutiques Euphoria Inc.
- Acted for SG Overseas to assert secured claims in the insolvency of SaarGummi (Québec) Inc.
- Represented Cinar Corporation in the context of a litigation for over $100 million in damages, on behalf of Cinar Corporation and its affiliates, when an ex parte worldwide asset freezing (Mareva) injunction was obtained against two defendants who were the companies’ past directors, Ronald Weinberg and the Estate of his late wife Micheline Charest, and related parties. Leave to appeal this decision was denied by both the Québec Court of Appeal and the Supreme Court of Canada.
- Acted for Kerr-McGee Stored Power Corporation with respect to the proposal of Avestor LLP, a producer of lithium batteries.
- Represented ExelTech Aerospace Inc. in the enforcement of secured claims in the matter of the insolvency of Jetsgo Corporation.
- Acted for Renewable Energy Systems Holdings Ltd. with regard to partnership issues in a wind farm joint venture.
- Acted for Montcap Financial Corporation in the establishment of credit facilities for Produits Belt-Tech inc. and the insolvency of LaGran Canada Inc.
- Represented Famous Players Cinemas Inc. ("Famous Players") before the Québec Court of Appeal and the Supreme Court of Canada. Famous Players was accused by its landlord's mortgage creditor of participating in breach of contract by agreeing with the landlord to the cancellation of Famous Players' lease when such cancellation was allegedly prohibited under the terms of the landlord's mortgage.
Recognition
- Repeatedly recommended in the Canadian Legal LEXPERT® Directory in matters of insolvency and corporate restructuring.
- Listed in The Best Lawyers in Canada in the area of Insolvency & Financial Restructuring.
- Recognized in the PLC Which Lawyer? Yearbook as a recommended lawyer in the area of dispute resolution.
- Named as a leading lawyer in restructuring and insolvency in IFLR 1000.
Articles and PublicationsMark has published a number of articles, the most recent of which are "Secured Creditors – Perfection and Enforcement, How to Challenge Security: Overview of Some Pitfalls in Quebec" (2007 Pan Canadian Insolvency Conference – Canadian Bar Association) and "Financing the Insolvent Company – an Overview" (Canadian Institute, September 2006).
Teaching EngagementsMark has been a sessional lecturer at the McGill University Faculty of Law, and has given lectures on a variety of legal subjects.
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