Read our recent article on a significant Canadian case with implications on how pension claims are prioritized in insolvency proceedings.
As trusted advisers to our best-in-class clients, we have an unsurpassed record of success. The team’s creativity, business and capital markets knowledge, and strategic counsel set it apart and consistently place it in the centre of the field’s largest transactions and proceedings.
Clients call on our experts for guidance whenever risks or opportunities arise. Special engagements reporting to senior management, boards of directors or special board committees permit us to discreetly guide clients through strategic and legal alternatives for resolving or pre-empting financial challenges. Our lawyers also provide context-specific counsel on individual and corporate duties, responsibilities and potential liabilities.
For our industry-leading investment-side clients, our team gives beginning-to-end counsel on acquisitions, equity and debt investments, and other transaction opportunities. Beginning with a full understanding of our clients’ objectives and surrounding considerations, our team advises on strategies and situational dynamics, develops deal structures, negotiates terms, and engineers and implements the most effective path to completion.
Our team is also experienced in representing noteholders and lenders at all levels of the debt structure. We work closely with ad hoc groups, syndicates or individual debtholders in managing their interests opposite borrowers/issuers and other stakeholders. We work to set and drive the agenda as called for in the circumstances.
Other professionals in the field often call on us as their counsel, including court-appointed monitors, receivers and trustees. Our respected standing in the professional community and the judiciary positions us well to bridge stakeholder differences and move proceedings and transactions forward in a timely and effective manner.
Specific mandates span the entire spectrum of corporate restructuring, recapitalization and insolvencies to include negotiated debt modifications, refinancings, bridge loans, equity issuances/subscriptions, governance, liability analysis, communications strategies, debt-to-equity exchanges, sales auctions, acquisitions, exit financing, corporate plans of arrangement under the Canada Business Corporations Act and provincial counterparts, Winding-up and Restructuring Act proceedings, and both main and ancillary proceedings under the Companies’ Creditors Arrangement Act, Bankruptcy & Insolvency Act and U.S. Bankruptcy Code.
As compared to others in this field, our team’s distinctive capabilities include:
- a breadth of skills that goes well beyond traditional restructuring and insolvency law to include business and capital markets knowledge, governance expertise, and strategic skills;
- the only fully integrated Canadian/U.S. cross-border corporate restructuring practice, with experienced experts based full-time in both jurisdictions;
- a network of relationships in this field that is second-to-none and facilitates access and credibility that often proves invaluable to clients;
- a seamless interdisciplinary team that provides expertise from Torys’ other practice groups (litigation, securities, lending, employment, environmental, tax et. al.) as needed for today’s increasingly multi-faceted restructurings; and
- an unusually diverse client base that gives our team a uniquely broad range of skills, experiences and perspectives that help foster creative, constructive and effective strategies.