Representative Mandates

TGF has played a leading role in proceedings on behalf of the following clients:

• JTI MacDonald Corp., one of the three largest tobacco companies in the world in connection with a successful restructuring of the entire tobacco industry in Canada involving billions of dollars of debt.
• Oxford Properties as landlord in successfully opposing motions for forced assignments by the Court to new tenants and assignees for anchor tenant space formerly occupied by Hudson’s Bay Company at various locations across Canada, including at Canada’s #1 shopping centre.
• Pride Group of 71 debtor companies, being one of the largest trucking and transportation companies in Canada in their restructuring and wind-down under the CCAA, and foreign recognition under Chapter 15 of the US Bankruptcy Code.
• Canso Investment Counsel in the negotiation of a Restructuring Support Agreement, New Debt Term Sheet, Recapitalization Transaction Term Sheet, Governance Term Sheet, Consent and Waiver Agreement, Information Circular, and a CBCA Plan of Arrangement for Corus Entertainment.
• Laurentian University of Sudbury, as the only public university in Canada to utilize insolvency legislation to undertake a restructuring, involving the compromise of $350 million of debt and an overhaul of academic programs, operations and its finances.
• PricewaterhouseCoopers Inc., as court-appointed Receiver of Bridging Finance (an alternate lender with $2 billion in assets under management raised from over 26,000 investors)
• Government of Yukon in various receivership proceedings involving mining operations in the most northern Territory of Canada, including in its capacity as regulator and Interim Receivership Lender of $220 million in the Victoria Gold Corp. receivership.
• Counsel to Canadian federal, provincial and territorial governments and agencies in the Canadian foreign recognition proceeding for Purdue Pharma’s Chapter 11 proceeding under the US Bankruptcy Code.
• Diebold-Nixdorf debtor companies, as Canadian counsel in the CCAA recognition proceeding for the restructuring of over $2.7 billion in funded debt in the first-ever dual proceeding under the US Bankruptcy Code and Dutch WHOA restructuring law
• GE Capital Aviation Services, Inc. the largest creditor and key stakeholder in the cross-border restructuring proceedings involving Air Canada, Canada’s largest airline
• The Boeing Company and aircraft lessors High Ridge and AerDragon in Lynx Air’s restructuring under the CCAA.
• Eastern Meat Solutions Inc. and its affiliates, in a restructuring under the CCAA.
• United States Steel Corporation as the DIP lender and largest creditor in the CCAA proceedings of US Steel Canada Inc.
• Ernst & Young Inc., as the Court-appointed Monitor of the debtor Carillion entities in a CCAA proceeding.
• Alvarez and Marsal Canada Inc. as court-appointed Monitor in Lydian International’s CCAA restructuring, including the first-ever recognition of a foreign insolvency proceeding in Jersey, Channel Islands
• Oxford Properties Group, as landlord in a number of significant retail insolvency proceedings in Canada including Hudson Bay Company, Sears Canada, Nordstrom, Target Canada, Claire’s Canada, WeWork Canada, The Body Shop Canada and Comark.
• PricewaterhouseCoopers Inc., court-appointed Monitor of Pacific Exploration and Production Corporation, the largest privately-owned oil and gas producer in Latin America through the first Canada / US / Columbia cross-border insolvency proceeding, restructuring $5 billion in creditors’ claims.
• Fraser Papers Inc. and its Canadian and US affiliates in a restructuring pursuant to the CCAA and US Bankruptcy Code involving assets and operations in both Canada and the US, successfully obtaining amendments to Canadian pension legislation to address the company’s pension liabilities and facilitate distributions to creditors through a substantively consolidated Plan of Arrangement.
• RSM Richter Inc., as court-appointed Receiver in the Norshield hedge fund scandal involving the tracing of over $400 million in investor funds in various jurisdictions worldwide.
• Grant Thornton Limited as Trustee in Bankruptcy of AP Private Equity and Aiden Pleterski, a self-described “Crypto King”.
• Ernst & Young Inc. as court-appointed Monitor in the Canadian CCAA proceedings of Peraso Technologies Inc., including Chapter 15 recognition proceedings in the U.S.
• Ernst & Young Inc. as court-appointed Monitor, in the dual plenary proceedings under Chapter 11 in the US and the CCAA in Canada of Performance Sports Group Ltd. and its affiliates, including a US$575 million sale transaction.
• BDO Canada Limited as court-appointed Receiver of Unique Broadband Systems Ltd. including Chapter 15 foreign recognition proceedings
• Grant Thornton Ltd. as court-appointed Receiver of the Comsale group of companies under the Bankruptcy and Insolvency Act (Canada), together with foreign recognition proceedings under Chapter 15 of the US Bankruptcy Code and enforcement in Malaysia.
• Ernst & Young Inc., as court-appointed Monitor in the CCAA restructuring of the Canadian Abitibi-Bowater entities, one of the world’s largest publicly traded pulp and paper manufacturers, in conjunction with a plenary Chapter 11 proceeding.
• KPMG Inc. as court-appointed Receiver of the Portus group of companies, recovering over 95% of the more than $800 million of investors’ money, involving many jurisdictions.
• Square Two Financial Corporation and 17 affiliates in a CCAA and Chapter 11 restructuring of US$400 million of debt involving a stock sale in Canada and an asset sale in the US, including the first-ever pre-filing stay of proceedings granted in an insolvency proceeding in Canada.
• Charming Charlie debtor companies in Canadian recognition proceedings under the CCAA relating to a restructuring of obligations including a debt for equity swap pursuant to a U.S. Chapter 11 proceeding.
• Westmoreland Coal Company in its USD$110 million recapitalization and restructuring transaction through a Chapter 11 proceeding in the United States and Canadian recognition under the CCAA.
• UK Pension Claimants – the largest single creditor in the global insolvency proceedings of the Nortel Networks group of companies, successfully obtaining: (i) a ground-breaking pro rata allocation of US$7.3 billion in sale proceeds among 40 insolvency estates in 19 countries following the first joint trial between a Canadian and US Court, (ii) a CDN$600 million judgment following a disallowance of the claim by the court-appointed Monitor
• RCR International Inc. & W.J. Dennis & Company in connection with their Canadian proceedings under the CCAA and foreign recognition pursuant to Chapter 15 of the US Bankruptcy Code.
• BeatBox Beverages Canada Inc. and Future Proof Brands LLC, as critical customers and suppliers in the restructuring proceeding of the Flow Beverage debtors.
• Travel + Leisure Co., the ultimate parent of entities that owned financially distressed timeshare resort Mountainside Lodge in Whistler, B.C.
• Counsel to the constructors in a P3 contract with the Ontario Government to design, build and maintain for 30-years an extension of Highway 427 (a major freeway) in Toronto.
• Counsel to RTG/OLRT-C in a complex, high-value construction dispute with the City of Ottawa relating to Stage 1 of Ottawa’s LRT System known as the Confederation Line.

Representative Mandate writeups