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 requiring restructuring or their various stakeholders, landlords, court-appointed Monitors and Receivers and counsel from other jurisdictions who request advice in connection with 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 twice been recognized as Insolvency Litigator of the Year by Benchmark Canada Litigation (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 restructuring, including the first foreign recognition of insolvency proceedings to occur 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 Receiver over the Comsale Group of Companies in a multi-jurisdictional proceeding for the recovery of assets in Canada, the U.S. and Malaysia.
  • 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 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. currently serves as VP - International Relations on the TMA Global Executive Board of the Turnaround Management Association, and is a former President of the TMA Toronto Chapter. D.J. is also Co-Chair of the Canada / U.S. / Caribbean Region of the International Insolvency Institute.

D.J. is a member of:

  • Turnaround Management Association, Global Executive Board
  • 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:

Recognition

D.J.’s accolades include:

  • The Best Lawyers in Canada® 2022 and prior (Insolvency & Financial Restructuring Law)
  • Top 50 Women Litigators in Canada 2021 & 2020 – Benchmark Canada
  • Leading Lawyer 2022 and prior – Chambers Canada Guide
  • Leading Lawyer 2021 and prior – Chambers Global Guide
  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys 2021 (Litigation Star in Ontario)
  • Canadian Legal Lexpert Directory 2021 and prior – Recognized as a Leading Practitioner (Insolvency & Financial Restructuring) 
  • Global Leader in Restructuring & Insolvency 2020 - Who's Who Legal
  • Euromoney’s Expert Guides 2020
  • 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

News

Education

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