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Shelley C. Fitzpatrick
Partner

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Biography

Shelley Fitzpatrick is engaged in a general insolvency practice and advises clients on matters related to corporate reorganizations, foreclosures, bankruptcy, receiverships and loan workout situations. She has represented both debtors and lenders in a variety of insolvency situations and, in particular, has acted for financial institutions in relation to insolvency matters. Ms. Fitzpatrick has acted for various chartered accounting firms in their capacity as trustees in bankruptcy, receivers and monitors. She has also practised in a wide variety of commercial litigation matters.

Ms. Fitzpatrick has lectured extensively in the legal education field in British Columbia and authored numerous papers and articles on insolvency matters. She is also the co-chair of the Business Solutions and Restructuring Group at Davis, along with Justin Fogarty and Larry Robinson, Q.C.

Professional Experience

• Counsel for secured noteholders in Companies' Creditors Arrangement Act proceedings and later counsel for Receiver in receivership proceedings of mining company: Re: Redcorp Ventures Ltd./Redfern Resources Ltd.
• Counsel for monitor in CCAA proceedings involving expedited sale proceedings of operating assets: Re: Coe Newnes/McGehee Inc.
• Counsel for Canadian Forest Products Ltd. as creditor and counter-party to supply contract in the Chapter 11 and Companies' Creditors Arrangement Act proceedings by forestry company: Re: Pope & Talbot Ltd.
• Counsel for major creditor asserting damage claim in the Companies' Creditors Arrangement Act proceedings by coal mining company: Re: Pine Valley Mining Corporation
• Counsel for major creditor and counter-party to logging contract in the Companies' Creditors Arrangement Act proceedings by logging contractor: Re: Hayes Forest Services Ltd.
• Counsel for major secured creditor in the interim receivership and bankruptcy proceedings by gold and silver mining company: Re BYG Natural Resources Inc.
• Counsel for affected third parties in post-judgment execution proceedings and receivership related to certain hotel properties: Re: Ruwenzori Enterprises Ltd. v. Walji
• Counsel for provincial government asserting trust claims in the Chapter 11, Companies' Creditors Arrangement Act proceedings by distributor operating in the U.S. and Canada: Re: Core-Mark
• Counsel for trustee in bankruptcy and judicial trustee of major Canadian airline and travel group of companies: Re: Canada 3000
• Counsel for trustee under Bankruptcy and Insolvency Act proposal of sporting goods retailer operating across British Columbia and Alberta and subsequently, counsel for receiver of that retailer after failure of proposal: Re: Superstar Group of Companies
• Counsel for major unsecured creditor group in respect of Companies' Creditors Arrangement Act proceedings by agricultural products manufacturer: Re: Agro Pacific
• Counsel for major secured creditor in respect of land-holding company in respect of foreclosure, Companies' Creditors Arrangement Act, receivership and bankruptcy proceedings: Re: United Properties
• Counsel for court-appointed receiver in realization of substantial international assets relating to gold mining activities of a corporate group with its head office in Canada: Re: Rea Gold Corp.
• Counsel for secured creditor and receiver in respect of carpet cleaning company having assets across Canada: Re: AF Carpet Services
• Counsel for secured creditor in respect of failed development project under Companies' Creditors Arrangement Act, foreclosure and Bankruptcy and Insolvency Act proceedings: Re: Canada Asian Development

Recognition

• Recognized in the 2010 edition of the Chambers Global Directory in the specialty of Restructuring/Insolvency.
• Since 2008, Ms. Fitzpatrick has been included in The Best Lawyers in Canada in the specialty of Insolvency and Financial Restructuring.

• Profiled in Lexpert Legal Directory under Insolvency and Corporate Restructuring as "Repeatedly Recommended" since 2000.

Directorships, Memberships & Professional Activities

• Director, Vice President and member, The Insolvency Institute of Canada
• Member, Annual Insolvency Law Review Editorial Board
• Member, Law Society of British Columbia
• Member, Canadian Bar Association (Insolvency Subsection and Civil Litigation Subsection) and Lawyer Referral Service
• Member, Turnaround Management Association
• Member, Practice Advisory Panel of the Insolvency Subsection of the Canadian Bar Association
• Member, Vancouver Insolvency Discussion Group
• Committee Chair, British Columbia Model Insolvency Order Committee, February 2005 to present
• University of British Columbia Faculty of Law, 3rd Annual Insolvency Law Review Conference Co-Chair, January 2006, February 2008, February 2010

Publications & Seminars

• CLE - course lecturer and author on "Estate Planning and Administration Update - Insolvent Estates", November 2009
• "Liquidating CCAAs: Are We Praying to False Gods?", Annual Review of Insolvency Law, February 2009
• "Fraud and Windfalls: B.M.P. Global Distribution Inc. v. Bank of Nova Scotia", Credit and Banking Litigation Journal, Vol. XI, No. 3, 2007
• CAIRP Insolvency & Restructuring Forum - speaker on "Commentary on Chapter 47", May 2006
• CAIRP 2005 Annual Conference - speaker on case study, August 2005
• "Banks Beware: Assisting Other Banks can be Hazardous to Your Financial Health", Credit and Banking Litigation Journal, Vol. X, No. 3, 2005
• "Spousal Guarantees and Disclosure", Credit and Banking Litigation Journal, Vol. X, No. 2, 2005
• "Document Production and Confidentiality", Credit and Banking Litigation Journal, Vol. IX, No. 3, 2004
• University of British Columbia, Faculty of Law - 1st Annual Insolvency Law Review Conference - speaker on "Reorganizations" February 2004
• Office of the Superintendent of Bankruptcy - course lecturer on "Advanced Creditor Law Course", November 2003
• CLE - course lecturer and author on "Banking Basics - Banks as Targets - Hits and Misses", June 2003
• CAIRP Insolvency & Restructuring Forum - speaker on "Restructuring", May 2002
• University of British Columbia, Faculty of Law - Global Capital Markets, Merging and Emerging Boards: Current Issues in Corporate Governance Conference - speaker on "Governance of the Financially Distressed Corporation: New Challenges for Refinancing in Global Capital Markets", February 2002
• Lorman Education Services - course lecturer and author on "Insolvency Issues for Directors and Officers" November 2001
• CLE book - author of chapter "Creditors Remedies - Execution Against Personal Property" November, 2001 and 2003
• University of British Columbia, Law School - guest lecturer on insolvency issues, including debtor and possession financing, March 2001

Media Commentary

• Financial Post, "Consumers hurt most by credit crunch," 11/7/2008.

Volunteer Work

• Volunteer, Insolvency Pro Bono Clinics of Western Canada Society Access to Justice, October, 2004 to present

Education

• LL.B., University of Manitoba Law School, 1981

Place and Year of Call

• Ontario, 2008
• British Columbia, 1985
• Manitoba, 1982

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