When financial hardship hits, informed and decisive action is required. At Clark Wilson, our Insolvency & Restructuring Group has the knowledge, experience and practical business perspective to provide timely and effective advice to both lenders and debtors as well as to receivers, monitors, directors and shareholders. Our technical knowledge of and experience with the Companies Creditors Arrangement Act, the Bankruptcy and Insolvency Act, and other relevant Federal and Provincial legislation, combined with our deep experience with insolvency and restructuring proceedings, will ensure that your interests are well-represented.

Our Group combines accomplished and respected litigators with commercial lawyers who know and understand the complexities of the largest commercial loans and credit facilities and the nuances of the restructuring process.

Examples of our group's relevant experience include:

• Representing the trustee in bankruptcy for an international clothing retailer

• Acting for creditors in the restructuring proceedings of Quintette Coal Limited and Woodward’s Limited

• Acting for a national railway cross-border insolvency of 360 Networks

• Representing clients from a variety of sectors in receivership proceedings

• Appearing before the BC Supreme Court and Court of Appeal in CCAA Proceedings involving a national telephone services provider

• Representing a client before the BC Supreme Court and Court of Appeal on a complex cross-border bankruptcy matter

• Acting for lenders and companies with respect to corporate reorganization transactions

• Providing advice to a large financial institution relating to a complex commercial foreclosure

• Providing advice to a major hotel operator regarding the foreclosure of a condominium hotel in a ski resort

For complex situations where specific expertise is required, the Insolvency & Restructuring Group can also draw on the capabilities of other Clark Wilson's other practice groups including Commercial Lending, Corporate Finance / Securities, Labour & Employment, Taxation, and Intellectual Property.

The Personal Liabilities of Insolvency Practioners under Insolvency Legislation

Dreier LLP scandal upends 360networks (USA) restructuring

Judge agrees to extend stay order in ABCP saga

Rol-land Farms receive protection under CCAA

Flaherty in talks with Provinces on commercial paper

Group Publications:

Slowing Economy and Tighter Lending Standards Present Opportunities and Challenges
(Business Matters, September 2008)

Derivatives Industry Lobbies for Further Changes to Bankruptcy and Insolvency Legislation
(Financing $tatements, October 2006)

Commercial Tenant Bankruptcies (What’s a Landlord To Do?)
BCRELinks.com (September, 2004)

Senate Committee Recommendations for Reforms to the Bankruptcy and Insolvency Act and the Companies Creditors Arrangement Act
(Financing $tatements, Spring 2004)

Planning for Change: Workforce Flexibility

In challenging economic circumstances, providing workforce flexibility is a key concern. These articles by our Labour & Employment Group cover some of the major issues surrounding workforce management and flexibility:

Managing Flexibility in the Workplace While Avoiding Constructive Dismissals

Managing Recruitment, Succession and Retirement

Downsizing and Sale of a Business Unit