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) 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.

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 past President of the Toronto Chapter of TMA.

D.J. is a member of:

Turnaround Management Association, Board of Directors and Chair (Toronto Chapter)
International Insolvency Institute
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 include:

Oct 31, 2019

D.J. Miller will be speaking on a panel at the National Conference of Bankruptcy Judges (NCBJ) in Washington, D.C. providing a comparison of U.S. and Canadian Restructuring Proceedings.

Oct 10, 2018

D.J. Miller was a panelist at the FTI Women’s Initiative event entitled “Own Your Narrative.”

Dec 08, 2017

D.J. Miller will be speaking on a panel on Cross-Border Issues at a two-day event hosted by Turnaround Management Association (Global), in Chicago.

Oct 14, 2016

D.J. Miller is a speaker on a panel at the TMA Global NextGen Leadership Summit in Chicago on the topic “View From the Top”.

Jun 20, 2016

D.J. Miller is a panelist speaking about “Creative Solutions for Resolving Complex Insolvency Litigation” at the Advocates’ Society program.

May 26, 2016

D.J. Miller is co-chair of the TMA Spring Gala, which raised over $80,000 for a local charity.

Mar 01, 2016

D.J. Miller is moderating a panel at the Turnaround Management Association (TMA) Network of Women (NOW) Event, “Best Practices in Client Relationships”.

Feb 05, 2016

D.J. Miller is speaking at the 13th Annual ARIL Conference: “Nortel: The Long and Winding Road."

Nov 23, 2015

D.J. Miller is a panelist at the Ontario Network of the International Women's Insolvency and Restructuring Confederation (IWIRC) event "Reaching the Top of the Ladder (The Reality of the Ascent)".

Oct 19, 2015

D.J. Miller is speaking at the Law Society of Upper Canada (LSUC) Complex Commercial Litigation Matters Conference: “Insolvency Issues Affecting Complex Commercial Litigation.”

Feb 15, 2013

D.J. Miller is a panelist in the Insolvency Institute of Canada Webinar: “Indalex Ltd. Decision.”

Feb 08, 2013

Bob Thornton and D.J. Miller are presenting at the 12th Annual ARIL Conference: “Best Practices When Dealing with Employees, Pensioners and Union Stakeholders in a Restructuring.”

Nov 14, 2012

D.J. Miller is speaking at Osgoode Professional Development Advanced Program in Corporate Insolvency and Restructuring: “The Impact of Insolvencies and Restructurings on Pension Plans: Post Indalex.”

May 31, 2012

D.J. Miller is speaking at the TMA Spring Gala honouring women in restructuring.

May 22, 2012

D.J. Miller is speaking at the LSUC Civil Litigation Summit: “Mini Law School – Bankruptcy/Insolvency.”

Recognition

D.J.’s accolades include:

Leading Lawyer 2020 – Chambers Canada Guide
Canadian Legal Lexpert Directory 2019 and prior – Recognized as a Leading Practitioner (Insolvency & Financial Restructuring)
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
Leading Expert in Bankruptcy and Restructuring Handbook 2015 – Financier Worldwide

Sep 19, 2019