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.
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.
Acting for Goldman Sachs in connection with Tervita Corporation's, a leading environmental solutions provider, Chapter 15 proceedings and the plan of arrangement under the Canada Business Corporations Act.
KSV Kofman Inc.
Acting for KSV Kofman Inc. in its roles as Monitor of the Urbancorp Group of Companies in connection with proceedings under the Companies' Creditors Arrangement Act and as Information Officer for Urbancorp Inc.
Nortel Networks UK Limited
Acting as Canadian counsel to Nortel Networks UK Limited together with 18 of its subsidiaries and their Joint Administrators (the EMEA Estate), in connection with the global liquidation of the Nortel group of companies.
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...
Indalex: Supreme Court of Canada (SCC) Upholds DIP Financing Priority
Feb. 01, 2013 - The SCC’s decision in Indalex eliminates many of the concerns that arose from the Court of Appeal’s ruling in this case. In a nutshell: the super-priority of debtor-in-possession financing is upheld as overriding provincial deemed trusts;, the statutory deemed trust under Ontario’s...
Insolvency v. Environmental Legislation – Still a Lot of Clean up to Do
Dec. 07, 2012 - The Supreme Court of Canada (the SCC) released its decision in Newfoundland and Labrador v. AbitibiBowater Inc.1 today. As insolvency practitioners and environmental lawyers know, this case dealt fundamentally with the question of whether or not environmental remediation orders issued by...
Sino-Forest: Ontario Court of Appeal Agrees That Indemnity Claims of Auditors and Underwriters Are Equity Claims
Nov. 29, 2012 - As a result of Sino-Forest Corporation’s insolvency, the shareholders of the Company will lose their investment. Certain shareholders have started class actions in Canada and the United States (not yet certified) to recover damages from the underwriters of Sino Forest’s shares and its auditors,...
Finance Multi-Jurisdictional Guide 2012: Canada
Mar. 20, 2012 - This article is a Q&A guide to finance in Canada. The Q&A gives a high-level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge clauses, guarantees and loan agreements. Download this article.
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)
Report on Business/Lexpert Special Edition Canada’s Leading Corporate Lawyers
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; Who’s Who Legal: Thought Leaders—Restructuring and Insolvency