Robin excels at identifying the critical issues in restructuring and insolvency proceedings and finding deal-oriented solutions. Clients value his pragmatic advice, with one client saying Robin “strikes a true balance between being a lawyer and a business professional.”
Chambers Global 2015
Clients in diverse industries trust Robin’s solid and focused advice on their corporate turnarounds, work-outs and restructurings, distressed asset sales and acquisitions, debtor-in-possession financings, and secured and unsecured creditor rights enforcement. They rely on Robin’s wealth of experience in dealing with multinational deals and appreciate his ability to keep a discussion on track.
Robin is known for his expertise in designing creative and novel processes – including under all facets of the Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act proceedings – to bring matters to a successful resolution. He is Canadian co-counsel to Nortel’s U.K. estate in the cross-border Nortel insolvency proceedings and Canadian counsel to Target Corporation in the Target Canada insolvency proceedings.
Gotham Green Partners, LLC
Acting as special tax and insolvency counsel for Gotham Green Partners, LLC, a New York-based private equity firm focused on global cannabis and cannabis-related enterprises, in the proposed recapitalization, under a Restructuring Support Agreement, of iAnthus Capital Holdings, Inc., which owns, operates and partners with licensed cannabis operations throughout the United States.
Artemis Growth Partners LLC
Acted for Artemis Growth Partners LLC in the $80-million acquisition (and related financing) of Bridge Farm Group from Sundial Growers.
KSV Kofman Inc.
Acted for KSV Kofman Inc. in its role as monitor of James E. Wagner Cultivation Corporation, a Canadian licensed cannabis producer, in connection with proceedings under the Companies' Creditors Arrangement Act.
FTI Consulting Canada Inc.
Acting for FTI Consulting Canada Inc. in its capacity as court-appointed monitor of Imperial Tobacco Canada Limited and its affiliated corporation, Imperial Tobacco Company Limited, in proceedings under the Companies' Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code.
United Steelworkers Union
Acted as co-counsel on behalf of the United Steelworkers Union in Essar Steel Algoma Inc.'s three-year restructuring by way of sale of assets to Algoma Steel Inc. under the Companies' Creditors Arrangement Act.
Gotham Green Partners, LLC
Acted as Canadian insolvency counsel for Gotham Green Partners, LLC, a New York-based private equity firm focused on global cannabis and cannabis-related enterprises, with respect to its US$50-million investment in iAnthus Capital Holdings, Inc. (iAnthus), consisting of, in part, high-yield senior secured notes of a subsidiary of iAnthus, which are exchangeable for shares of iAnthus. iAnthus, a Canadian publicly listed company, owns, operates and partners with licensed cannabis operations throughout the United States.
Canadian Imperial Bank of Commerce
Acting for Canadian Imperial Bank of Commerce, as a secured creditor of Discovery Air Inc., in the latter's restructuring attempt under the Companies' Creditors Arrangement Act proceedings.
Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.
GSO Capital Partners LP
Acted for GSO Capital Partners LP and its affiliates in the negotiation and establishment of two credit facilities, and the acquisition of substantially all of the assets of Grafton-Fraser Inc., former owner of Tip Top Tailors and other men's retail chains across Canada, pursuant to the Companies' Creditors Arrangement Act.
Acting for Ascribe Capital in connection with Sanjel Corporation's Companies' Creditors Agreement Act proceedings.
In the News
Natalie Renner and Robin Schwill Detail First-Ever “Going Concern” Sale of Cannabis Producer in Canadian Lawyer
Sept. 17, 2020 - Davies partners Natalie Renner and Robin Schwill were featured by Canadian Lawyer this week in an article on their facilitation of a “going concern” asset sale of an insolvent cannabis company – a Canadian industry first. The sale involved a complete transfer of the business, and the...
Canada – COVID-19 Response Search, contributor
Apr. 15, 2020 - Global Insolvency (American Bankruptcy Institute)
Read the article.
COVID-19: Preserving Your Business in a Pandemic
Mar. 27, 2020 - There is abundant information circulating about the extreme financial toll that the COVID-19 pandemic is expected to take on businesses across the globe. Here we address what creditors and debtors can do now to manage risk and preserve their value through this crisis. What Creditors Can...
Insolvency Institute of Canada, Annual Conference and General Meeting, “In Good Faith: Recent Amendments to the BIA and CCAA”; Naples, Florida
Oct. 26, 2019
Liquidating CCAAs and Pension Deemed Trust Priorities
Sept. 14, 2017 - The very clearly written decision of Québec Superior Court Justice Stephen Hamilton in the Bloom Lake and Wabush Mines Companies’ Creditors Arrangement Act (CCAA) proceedings is certain to be the topic of current discussion in the Canadian insolvency and secured lending communities. See...
Ryerson University, Ted Rogers School of Management, workshop, “Good Faith, Honesty and the Bhasin v. Hrynew Decision: Where to From Here?”; Toronto, ON
Apr. 28, 2017
In the News
Did the Supreme Court Clarify or Muddy the Duty of Good Faith? – Lexpert
May 25, 2015 - Davies partner Robin Schwill is quoted in an article published by Lexpert that considers how the Supreme Court of Canada’s landmark decision in Bhasin v. Hrynew may affect Canadian contract litigation.
Supreme Court of Canada Establishes Duty of Honesty in Contractual Performance: Bhasin v Hrynew
Nov. 17, 2014 - In a landmark decision released on November 13, 2014, the Supreme Court of Canada (SCC) recognized for the first time in Canada a general organizing principle of good faith in the common law of contract and a more specific duty of honesty in the performance of contracts between parties. The...
Guest lecturer, Queen’s University Faculty of Law, “Distressed M&A”
Mar. 05, 2012
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
The Legal 500 Canada—Restructuring and Insolvency (Leading Lawyer)
The Canadian Legal Lexpert Directory—Insolvency and Financial Restructuring: Financial Restructuring
The Best Lawyers in Canada—Insolvency and Financial Restructuring Law
Who’s Who Legal: Canada—Restructuring and Insolvency; Who’s Who Legal: Restructuring & Insolvency