D.J. Miller

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 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. is consistently listed as a leading practitioner in both the Insolvency Litigation and Financial Restructuring practice areas of The Canadian Legal Lexpert Directory, and in Who's Who Legal for Restructuring and Insolvency. 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

• Represented the Insolvency Institute of Canada as intervenor in a successful appeal heard by the Supreme Court of Canada on November 8, 2018 in the precedent-setting Callidus case confirming the priority of secured creditors over the Crown for unpaid HST upon bankruptcy.
• 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 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.