Davies

Financial Restructuring & Insolvency

Our Financial Restructuring & Insolvency practice assists in evaluating the rights and remedies in addition to negotiating positions of our clients, then using our deal making and strategic skills, identifies appropriate financing and M&A alternatives and negotiates compromises designed to achieve a "win-win" result for all stakeholders. If necessary, we use the courts and corporate and insolvency legislation to implement or impose a result, which assists our clients in achieving both their business objective and timetable. We draw on our firm's expertise in corporate finance, mergers and acquisitions, tax and litigation to provide a complete strategic approach to restructuring. Several of the restructurings we have been involved with have had significant multinational components and, in this regard, we have worked closely with insolvency practitioners and courts in other jurisdictions to achieve a coordinated result. This has allowed us to develop a working understanding of U.S. and U.K. insolvency law and procedure which has been helpful in advising our clients.

Our Clients

Our Restructuring & Insolvency practice focuses primarily on businesses in financial difficulty. We have acted for:

  • Debtors;
  • Institutional secured and unsecured lenders;
  • Non-institutional lenders;
  • Bondholders;
  • Lessors;
  • Trade creditors;
  • Employee and management groups;
  • Court-appointed monitors and receivers;
  • Boards and committees of directors;
  • Interim management;
  • Shareholders;
  • Investors;
  • Other parties that are directly or indirectly affected by a company in financial difficulty.

Recognition

Chambers Global: The World’s Leading Lawyers for Business—Restructuring/Insolvency

Chambers Canada: Canada’s Leading Lawyers for Business—Restructuring/Insolvency

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Restructuring and Insolvency

Benchmark Canada—Insolvency

The Legal 500: Canada—Restructuring and Insolvency

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

  • Insolvency & Financial Restructuring: Toronto and Montréal
  • Corporate Commercial Law: Toronto and Montréal

The Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada—Insolvency & Financial Restructuring

Report on Business/Lexpert Special Edition Canada's Leading Corporate Lawyers

The Canadian Legal Lexpert Directory—Insolvency & Financial Restructuring: Toronto and Montréal

The Best Lawyers in Canada—Insolvency & Financial Restructuring Law

Who's Who Legal: Canada—Insolvency & Restructuring

Organizational Leadership

Members of our practice have delivered many papers in Canada and elsewhere dealing with issues arising in complex restructurings and, in addition, we frequently lecture on this subject at Canadian law schools. Our lawyers have made presentations to Insol, the insolvency section of the Canadian Bar Association and Ontario Bar Association, the Canadian Insolvency Foundation, the Canadian Association of Insolvency and Restructuring Professionals, the Conseil québécois de l’insolvabilité, the Insolvency Institute of Canada and Osgoode Hall Law School.

Recent Work

  • Karoon Gas Australia Ltd. acquires 35% interest in the Santos Basin Offshore JV
  • Ben Moss Jewellers' proceedings under the Companies' Creditors Arrangement Act.

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Key Contacts

Jay Swartz Jay A. Swartz
Partner
Toronto
416.863.5520
Robin Schwill Robin B. Schwill
Partner
Toronto
416.863.5502
Denis Ferland Denis Ferland
Partner
Montréal
514.841.6423

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