Robin B. Schwill

Partner

Robin B. Schwill

Robin B. Schwill

Partner

Bar Admissions
  • Ontario, 1996

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.

Robin B. Schwill

Partner

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.

Target Corporation

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.

Ascribe Capital

Acting for Ascribe Capital in connection with Sanjel Corporation's Companies' Creditors Agreement Act proceedings.

Goldman Sachs

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.

Jaguar Mining Inc.

Acted for the Special Committee of the Board of Directors of Jaguar Mining Inc. in connection with its non-brokered private placement of convertible senior secured debentures for aggregate proceeds of up to US$21.5 million.

Danier Leather Inc.

Acted for Danier Leather Inc. in connection with an amended and restated secured asset-based loan facility for an initial commitment of up to $35 million.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in its acquisition of Advance Engineered Products Ltd.'s tank production and services business under a sale proceeding conducted pursuant to the Companies' Creditors Arrangement Act. The assets purchased also include the mobile vacuum systems business carried on under the Westech Vac Systems name and the metal fabrication and machining business carried on under the Dumur Industries name.

Alvarez & Marsal

Acted for Alvarez & Marsal in its capacity as the court-appointed monitor of Nelson Education, Canada's leading education publishing company, in connection with proceedings under the Companies' Creditors Arrangement Act to facilitate the sale and transfer of the business to its first lien lenders, a group of U.S. hedge funds.

PricewaterhouseCoopers Inc.

Acting for PricewaterhouseCoopers Inc., in its capacity as the court appointed monitor of Great Western Minerals Group Ltd., a TSX Venture Exchange listed company, with debts in excess of $90 million and subsidiaries in the UK and South Africa, in connection with proceedings pursuant to the Companies' Creditors Arrangement Act.

Noteholders of Armtec Infrastructure Inc.

Acted on behalf of a committee of noteholders in connection with proceedings affecting Armtec Infrastructure Inc. and its subsidiaries under the Companies' Creditors Arrangement Act.

Richter Advisory Group

Acted as counsel to Richter Advisory Group Inc. as receiver and manager in the matter of AFI Hydro Inc.

Jaguar Mining Inc.

Acted for the special committee of the board of directors of Jaguar Mining Inc. in connection with the recapitalization of Jaguar and related financing, pursuant to which the US$269 million of outstanding convertible bonds of Jaguar were exchanged for equity and the bondholders subscribed for US$50 million of new common shares of Jaguar, reducing the shareholders' continuing interest to less than 1%.

PricewaterhouseCoopers Inc.

Acted for PricewaterhouseCoopers Inc., in its capacity as Court-appointed Monitor for 923451 Ontario Limited (formerly known as Comstock Canada Ltd.), CCL Realty Inc. and CCL Equities Inc.

Bulletin

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...

Speaking Engagement

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

Bulletin

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...

Bulletin

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...

Article

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.

Speaking Engagement

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

Bar Admissions

Ontario, 1996

Education

Osgoode Hall Law School, LLB, 1994
York University, MBA, 1991
York University, BBA, 1990

Professional Affiliations

American Bankruptcy Institute
Insolvency Institute of Canada
International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)
Turnaround Management Association

Board Memberships

The Boulevard Club Limited, former director and former president

Teaching Engagements

For over 15 years, Robin was an award-winning lecturer on financial statement disclosure and transparency issues in the MBA program at York University’s Schulich School of Business. He continues to lecture on this topic for the Schulich Executive Education Centre.

Robin has lectured on bankruptcy, insolvency and secured transaction matters at various professional development programs at Osgoode Hall Law School. He has also lectured in finance and commercial law courses for the Credit Institute of Canada.

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.

Target Corporation

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.

Ascribe Capital

Acting for Ascribe Capital in connection with Sanjel Corporation's Companies' Creditors Agreement Act proceedings.

Goldman Sachs

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.

Jaguar Mining Inc.

Acted for the Special Committee of the Board of Directors of Jaguar Mining Inc. in connection with its non-brokered private placement of convertible senior secured debentures for aggregate proceeds of up to US$21.5 million.

Danier Leather Inc.

Acted for Danier Leather Inc. in connection with an amended and restated secured asset-based loan facility for an initial commitment of up to $35 million.

Ironbridge Equity Partners

Acted for Ironbridge Equity Partners in its acquisition of Advance Engineered Products Ltd.'s tank production and services business under a sale proceeding conducted pursuant to the Companies' Creditors Arrangement Act. The assets purchased also include the mobile vacuum systems business carried on under the Westech Vac Systems name and the metal fabrication and machining business carried on under the Dumur Industries name.

Alvarez & Marsal

Acted for Alvarez & Marsal in its capacity as the court-appointed monitor of Nelson Education, Canada's leading education publishing company, in connection with proceedings under the Companies' Creditors Arrangement Act to facilitate the sale and transfer of the business to its first lien lenders, a group of U.S. hedge funds.

PricewaterhouseCoopers Inc.

Acting for PricewaterhouseCoopers Inc., in its capacity as the court appointed monitor of Great Western Minerals Group Ltd., a TSX Venture Exchange listed company, with debts in excess of $90 million and subsidiaries in the UK and South Africa, in connection with proceedings pursuant to the Companies' Creditors Arrangement Act.

Noteholders of Armtec Infrastructure Inc.

Acted on behalf of a committee of noteholders in connection with proceedings affecting Armtec Infrastructure Inc. and its subsidiaries under the Companies' Creditors Arrangement Act.

Richter Advisory Group

Acted as counsel to Richter Advisory Group Inc. as receiver and manager in the matter of AFI Hydro Inc.

Jaguar Mining Inc.

Acted for the special committee of the board of directors of Jaguar Mining Inc. in connection with the recapitalization of Jaguar and related financing, pursuant to which the US$269 million of outstanding convertible bonds of Jaguar were exchanged for equity and the bondholders subscribed for US$50 million of new common shares of Jaguar, reducing the shareholders' continuing interest to less than 1%.

PricewaterhouseCoopers Inc.

Acted for PricewaterhouseCoopers Inc., in its capacity as Court-appointed Monitor for 923451 Ontario Limited (formerly known as Comstock Canada Ltd.), CCL Realty Inc. and CCL Equities Inc.

Bulletin

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...

Speaking Engagement

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

Bulletin

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...

Bulletin

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...

Article

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.

Speaking Engagement

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

Bar Admissions

Ontario, 1996

Education

Osgoode Hall Law School, LLB, 1994
York University, MBA, 1991
York University, BBA, 1990

Professional Affiliations

American Bankruptcy Institute
Insolvency Institute of Canada
International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)
Turnaround Management Association

Board Memberships

The Boulevard Club Limited, former director and former president

Teaching Engagements

For over 15 years, Robin was an award-winning lecturer on financial statement disclosure and transparency issues in the MBA program at York University’s Schulich School of Business. He continues to lecture on this topic for the Schulich Executive Education Centre.

Robin has lectured on bankruptcy, insolvency and secured transaction matters at various professional development programs at Osgoode Hall Law School. He has also lectured in finance and commercial law courses for the Credit Institute of Canada.