Gabriel brings a strong business perspective to his clients’ complex insolvency, restructuring and commercial litigation matters.
Strategic and pragmatic, Gabriel advises clients on all aspects of their insolvency and restructuring proceedings under the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act. His clients include major financial institutions, insolvency professionals, private equity firms and distressed businesses from various industry sectors.
Gabriel dedicates a significant portion of his practice to commercial litigation matters, including high-profile contractual disputes, and has successfully represented clients from both the public and private spheres at multiple levels of court.
Gabriel lectures on bankruptcy and insolvency law at the Université de Sherbrooke’s Faculty of Law.
Insolvency Institute of Canada
Acted for the Insolvency Institute of Canada in connection with its intervention before the Québec Court of Appeal in the Québec controversy involving the application of section 243 of the Bankruptcy and Insolvency Act and, more specifically, the right of hypothecary creditors to have a receiver appointed and their obligation to provide timely prior notice of the exercise of a hypothecary right.
Kerry Logistics (Canada) Inc.
Acted for Kerry Logistics (Canada) Inc., an international freight forwarder and logistics services provider, in the restructuring under the Bankruptcy and Insolvency Act of its customer, Stokes Inc., a tableware and kitchenware retailer with 147 retail locations across Canada.
Reitmans (Canada) Limited
Acting for Reitmans (Canada) Limited, a TSX-listed clothing retailer with approximately 600 stores across Canada operating under five different banners (Reitmans, Penningtons, Addition Elle, Thyme Maternity and RW&CO), in its restructuring under the Companies' Creditors Arrangement Act.
Bluberi Group Inc.
Successfully acted for 9354-9186 Québec Inc. and 9354-9178 Québec Inc. (formerly known as Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) with regards to (i) appellate proceedings before the Supreme Court of Canada and (ii) their restructuring efforts under the Companies' Creditors Arrangement Act (CCAA). The judges of the Supreme Court, on the bench, unanimously ruled in favour of our clients and overturned the Court of Appeal.
Royal Bank of Canada
Acting for Royal Bank of Canada, the most important secured creditor of Artemano Canada Inc., in the latter's restructuring proceedings under the Bankruptcy and Insolvency Act.
Deloitte Restructuring Inc.
Acting for Deloitte Restructuring Inc., in its capacity as trustee to the notice of intention, in the restructuring of BCBG Max Azria Canada Inc. under the Bankruptcy and Insolvency Act.
Hale Capital Partners
Acted for Hale Capital Partners in connection with a debtor in possession loan to RB Energy Inc. in a Companies' Creditors Arrangement Act proceeding.
Raymond Chabot Inc.
Acting for Raymond Chabot Inc. in its capacity as trustee to the proposal of Peloton Pharmaceuticals Inc.
Acting for O'Leary Funds, one of the largest unitholders of Boralex Power Income Fund (BPT), in connection with its opposition to the takeover bid made by Boralex Inc. for the outstanding units of BPT. O'Leary is challenging the legality of the takeover bid and is seeking an increased consideration for its units taken up in connection with the takeover bid.
HSBC Bank Canada
Acted for HSBC Bank Canada in connection with the restructuring under the Bankruptcy and Insolvency Act of the Gray Aqua Group, a major aquaculture group of companies with operations in various eastern Canadian provinces.
Québec Court of Appeal Settles Controversy Regarding Applicability of CCQ Requirements to Appointment of a Receiver
July 21, 2020 - In a unanimous decision, the Québec Court of Appeal (QCA) put an end to a controversy in the case law regarding the implementation of the receiver regime under the Bankruptcy and Insolvency Act (BIA) in Québec. The QCA confirmed that a secured creditor can have a receiver appointed under...
Canada’s Top Court Provides Crucial Guidance on the Conduct of Insolvency Proceedings
May 08, 2020 - The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020. Davies represented the principal – and successful – appellants in this matter. 1 In its...
Canada’s Top Court Releases Precedent-Setting Decision on Litigation Funding and a Court’s Discretion in Restructuring Process
Jan. 28, 2020 - The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The...
Canadian Bar Association, “Annual Review of Bankruptcy and Insolvency Case Law”; Québec City, QC
Sept. 18, 2018
Canadian Bar Association, “Annual Judicial Review of Bankruptcy and Insolvency”; Montréal, QC
June 06, 2018