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DJ

D.J. Miller

djmiller@tgf.ca
416.304.0559416.304.0559

Bio

D.J. is the recipient of a Lexpert Zenith Award (2017) and TMA Toronto Women of Excellence Award – Exemplar (2017), and has twice been recognized as Insolvency Litigator of the Year (2018 and 2016) by Benchmark Canada where she was lauded for having achieved “a fabulous result on behalf of Nortel pension claimants using novel strategies and against tremendous odds.”

D.J. has been a recommended professional and leading expert in Financier Worldwide’s Bankruptcy and Restructuring Handbook. She is consistently listed as a leading practitioner in both the Insolvency Litigation and Financial Restructuring practice areas of The Canadian Legal Lexpert Directory. D.J. is also ranked as a leading individual by Chambers Canada and by Chambers Global where she is recognized for her involvement in significant matters and is described by interviewees as "extremely strategic." She is considered a “go-to” counsel for all types of stakeholders requiring creative advice to achieve effective workouts both within, and outside of, formal court proceedings.

D.J. is known for her deep knowledge of the insolvency framework, both domestic and international, and for applying analytical and strategic skills to achieve successful outcomes for her clients.

Representative Mandates

  • Canadian counsel for SquareTwo Financial Corporation and its Canadian and US subsidiaries in Chapter 11 and CCAA recognition proceedings, with respect to a US$400 million prepackaged restructuring plan.
  • Canadian counsel for Charming Charlie Holdings Inc. and its affiliates in Chapter 11 and Canadian recognition proceedings.
  • Counsel to Durham College of Applied Arts & Technology in obtaining an Order for a court-appointed Receiver over the joint student association for the college and another institution representing more than 20,000 students.
  • Counsel to Durham College of Applied Arts & Technology in obtaining an Order for a court-appointed Receiver over the joint student association for the college and another institution representing more than 20,000 students.
  • Counsel to Oxford Properties Group Inc. as landlord of several properties in the CCAA proceedings involving Target Canada Corporation, and in completing a pre-emptive transaction removing its properties from the court-approved sales process.
  • Canadian insolvency counsel for the UK Pension claimants (the largest single creditor in the worldwide Nortel Networks proceedings), in successfully obtaining a decision of the Canadian and U.S. Courts allocating $7.3 billion of sale proceeds on a pro rata basis among more than 40 worldwide insolvency estates in 19 countries.
  • Obtained a $600 million judgment from the Canadian Court in the Nortel Networks CCAA proceedings, following a disallowance of the claim in its entirety by the Monitor.
  • Participated in the first joint trial involving the Canadian and U.S. Courts in a cross-border proceeding, and has appeared as counsel at all levels of Court in Canada.
  • Counsel for a secured creditor in successfully obtaining a precedent-setting Order replacing a court-appointed Monitor in a CCAA proceeding.
  • Counsel to Fraser Papers Inc. and its Canadian and U.S. affiliates in a restructuring under the CCAA and Chapter 15 of the U.S. Bankruptcy Code, obtaining amendments to provincial pension legislation to facilitate a Plan of Arrangement.
  • Counsel to the Insolvency Institute of Canada, which was granted intervener status and participated on an appeal to the Supreme Court of Canada in the precedent- setting Indalex case.
  • Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring.
  • Represented one of the largest suppliers in the cross-border restructuring of Anicom Multimedia.
  • Counsel to the operating lender, DIP Lender and largest creditor in the restructuring of one of the largest pork producers in Ontario.
  • Represented Hollinger Inc. in its Canadian and U.S. restructuring.
  • Independent Counsel to the Monitor and court-appointed Receiver in Livent lnc.’s CCAA proceeding and joint Chapter 11 proceeding.
  • Regularly represents lenders and other parties in Canadian and cross-border insolvency and enforcement proceedings.

Representative Mandates

Western University: Characterization of unpaid tuition under the BIA

This case set a precedent in its findings that (i) unpaid tuition constituted a debt in the nature of a student loan under the Bankruptcy and Insol...

Nortel Networks: Canadian Insolvency Counsel for the UK Pension Claimants, the largest single creditor in the worldwide Nortel Networks proceedings - $4 Billion.

Canadian counsel to the Trustees of Nortel Networks UK Limited’s Pension Trust and the Pension Protection Fund throughout the unprecedented trials and appeals.

Insolvency Institute of Canada: Precedent-setting Indalex case

Counsel to the Insolvency Institute of Canada, which was granted intervener status and participated on an appeal to the Supreme Court of Canada in the precedent-setting Indalex case. 

Target Canada

Represented a landlord of several properties which completed a pre-emptive transaction to regain its properties and avoid the sales process.

SquareTwo Financial Corporation

Canadian counsel to the companies with respect to a US$400 million prepackaged restructuring plan in Canada and the US.

Durham College

Represented the College in obtaining the first court-appointed Receiver over a student association in a post-secondary context.

DIP Lender

Restructuring case of one of the largest pork producers in Ontario.

Fraser Papers: Counsel to Fraser Papers Inc. and its Canadian and U.S. affiliates in a restructuring under the CCAA and Chapter 15 of the U.S. Bankruptcy Code

Counsel to Fraser Papers Inc. and its Canadian and U.S. affiliates in a restructuring under the CCAA and Chapter 15 of the U.S. Bankruptcy Code, obtaining amendments to provincial pension legislation to facilitate a Plan of Arrangement

Muscletech: Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring

Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring

Anicom Multimedia: Represented one of the largest suppliers in the cross-border restructuring of Anicom Multimedia

Represented one of the largest suppliers in the cross-border restructuring of Anicom Multimedia.

Livent Inc.: Independent Counsel to the Monitor and Court-Appointed Receiver in Livent Inc.'s CCAA proceeding and joint Chapter 11 proceeding

Independent Counsel to the Monitor and Court-Appointed Receiver in Livent Inc.'s CCAA proceeding and joint Chapter 11 proceeding

 

Professional Involvement

D.J. currently serves as Chair of the Chapter Presidents' Council representing 53 worldwide Chapter Presidents of Turnaround Management Association (TMA) as a member of the Global executive Board. She is pas President of the Toronto Chapter of TMA. 

D.J. is a member of:

  • Turnaround Management Association, Board of Directors and Chair (Toronto Chapter)
  • Insolvency Institute of Canada
  • Toronto Lawyers Association
  • Canadian Bar Association
  • American Bankruptcy Institute
  • The Advocates’ Society
  • International Women’s Insolvency & Restructuring Confederation (IWIRC)
  • INSOL International

D.J. co-developed and taught a course in Advanced Insolvency Law at The University of Windsor Law School, and has also been a guest lecturer in the Bankruptcy/Insolvency course and the Pension Law course at the Faculties of Law at The University of Western Ontario and Queens’ University. She is regularly requested to speak at conferences and is the author of papers on various issues affecting her clients.

Her recent professional appearances and publications include:

Recognition

D.J.’s accolades include:

  • Leading Lawyer 2019 – Chambers Canada Guide
  • Euromoney’s Expert Guides 2018
  • Insolvency Litigator of the Year 2018 and 2016 – Benchmark Canada
  • Lexpert Zenith Award 2017
  • Women of Excellence Award “The Exemplar” 2017 – TMA Toronto
  • Canadian Legal Lexpert Directory 2018 and prior – Recognized as a Leading Practitioner (Insolvency Litigation) and (Financial Restructuring) 
  • Leading Expert in Bankruptcy and Restructuring Handbook 2015 – Financier Worldwide

News

Education

  • LL.B. (University of Windsor), 1991
  • B.A. (Hons.) (University of Western Ontario), 1988

Thornton Grout Finnigan LLP, Suite 3200, 100 Wellington Street West, P.O. Box 329, Toronto-Dominion Centre, Toronto, ON M5K 1K7 Canada T 416.304.1616 E info@tgf.ca

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