DJ

D.J. Miller

djmiller@tgf.ca
416.304.0559416.304.0559

Bio

D.J. has been a partner at TGF for over 20 years and has a leading restructuring practice in national and cross-border / multi-jurisdictional matters.  She is known for her deep knowledge of the insolvency framework, both domestic and international, and for applying strategic skills to achieve precedent-setting outcomes for her clients.

D.J. is considered “go-to” counsel for clients requiring creative advice both within, and outside of formal insolvency proceedings.  Regular clients include lenders, companies that may be experiencing financial distress or their various stakeholders, landlords, court-appointed Monitors and Receivers and counsel from other jurisdictions who request advice in connection with Canadian insolvency and cross-border matters.    

D.J. is consistently recognized as a leading practitioner in insolvency litigation and financial restructuring including by Chambers Canada and Chambers Global where she is recognized for her involvement in various matters and is described by interviewees as “extremely strategic”.  She has been recognized as Insolvency Litigator of the Year by Benchmark Canada Litigation (2022, 2018 and 2016), named in the Top 50 Women Litigators in Canada (2021 and 2020) and appears in various ranking publications including Who’s Who Legal, Best Lawyers in Canada and Lexpert.

Representative Mandates

  • Counsel to Laurentian University of Sudbury, which is the first publicly-funded university in Canada to be restructured pursuant to insolvency legislation.
  • Counsel to Alvarez & Marsal Canada Inc. as court-appointed Monitor of Lydian International and its related entities in a multi-jurisdictional CCAA restructuring, including the first time that foreign insolvency proceedings have been recognized in Jersey, Channel Islands.
  • Counsel to Ernst & Young Canada Inc. as court-appointed Monitor of Peraso Technologies Inc. in its CCAA restructuring and Chapter 15 U.S. recognition proceedings.
  • Counsel to the Applicant lender which sought and obtained the appointment by the Court of a Receiver over the Comsale Group of Companies in a multi-jurisdictional proceeding for the recovery of assets in Canada, the U.S. and Malaysia.
  • 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 a non-insolvency 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

COVID-19 Does Not Excuse a Failure to Pay Rent

Courts will not rewrite leases by granting tenants rent abatements, despite the impact of the COVID-19 pandemic. That was the bottom line conclusio...

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 UK Pension Claimants

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

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 Inc. CCAA and Chapter 15 proceedings

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. is an immediate past member of the TMA Global Executive Board, and formerly served as VP International Relations in addition to previously serving as President of the TMA Toronto Chapter. D.J. is a member of the Board of Directors of the International Insolvency Institute and Co-Chair of the Canada / U.S. / Caribbean Regional Committee of the International Insolvency Institute

D.J. is a member of:

  • International Insolvency Institute
  • Insolvency Institute of Canada
  • Turnaround Management Association
  • 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 Law Schools at the University of Western Ontario, Queens University and University of Ottawa. She is regularly requested to speak at conferences and is the author of papers on various issues affecting her clients.

Recent professional appearances include:

Recognition

D.J. has been recognized by industry participants and her peers and the profession in various ways including:

  • Insolvency Litigator of the Year 2022, 2018 and 2016 – Benchmark Canada
  • The Best Lawyers in Canada® 2023 and prior years (Insolvency & Financial Restructuring Law)
  • Chambers Canada Guide 2023 and prior years (Restructuring/Insolvency)
  • "Highly Regarded" Lawyer in Canada 2022-2023 - IFLR1000
  • Top 50 Women Litigators in Canada 2021 & 2020 – Benchmark Canada
  • Top 100 Women Litigators in Canada 2022 – Benchmark Canada
  • Leading Lawyer 2022 and prior years – Chambers Canada Guide
  • Leading Lawyer 2022 and prior years – Chambers Global Guide
  • Canadian Legal Lexpert Directory 2022 and prior years – Recognized as a Leading Practitioner (Insolvency & Financial Restructuring) 
  • Who's Who Legal - Global Leader - Restructuring & Insolvency 2022
  • Who's Who Legal - National Leader - Restructuring & Insolvency 2021
  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys 2022 & 2021 (Litigation Star in Ontario)
  • Global Leader in Restructuring & Insolvency 2020 - Who's Who Legal
  • Euromoney’s Expert Guides 2020
  • Lexpert Zenith Award 2017
  • Women of Excellence Award “The Exemplar” 2017 – TMA Toronto
  • 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