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Business Solutions and Restructuring

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Economic stress provides unique opportunities as well as challenges. Our Business Solutions and Restructuring Group employs a multi-disciplinary approach to assisting our clients in reaching the best possible result in challenging times. With offices in most provinces and territories in Canada and with a creative and practical approach, we will find solutions for you in a timely and cost-effective manner by going well beyond the traditional legal options.

Our team of lawyers across Canada and in Tokyo have broad fluency domestically and international in all aspects of restructuring, bankruptcy and insolvency law. We have extensive experience with proceedings under the federal Bankruptcy and Insolvency Act, Companies' Creditors Arrangement Act and Canada Business Corporations Act and with proceedings under provincial business corporation, personal property security and assignment and preference legislation. When appropriate, we draw on the knowledge and experience within Davis to provide advice on matters pertaining to employment, environment, intellectual property, tax, corporate governance, aboriginal law, construction, forestry, insurance, pensions and transportation law as they impact on a challenged enterprise.

We provide strategic advice to all stakeholders in restructuring matters acting for unsecured and secured creditors, debtors, trustees in bankruptcy, receivers, managers, monitors, proposal trustees and liquidators. We also provide creative options for clients looking to take advantage of current market forces to acquire assets or enterprises at attractive prices.

We also have significant experience in matters pertaining to fraud. We assist in the investigation, pursuit and recovery of misappropriated assets though obtaining injunctions and other asset-freeze orders. We have acted as independent court-appointed monitors in relation to the supervision and execution of civil search warrants known as "Anton Piller Orders".

We provide advice to boards of directors as well as individual directors and officers relating to corporate governance matters and their respective fiduciary duties, obligations and liabilities.

Representative Matters of Members of the Business Solutions and Restructuring Group

• 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: Pope & Talbot Ltd.
• Counsel to most Canadian airport authorities in CCAA proceedings: Air Canada
• Counsel for Trustee re Canada's largest mining fraud: Bre-X Minerals
• Counsel for monitor in CCAA proceedings involving expedited sale proceedings of operating assets: Coe Newnes/McGehee Inc.
• Counsel for group of Investors for recovery of significant trust funds in liquidation of Canadian Commercial Bank: Canadian Deposit Insurance Corp. v. Canadian Commercial Bank
• Counsel to Liquidator: Sovereign Life Assurance Company
• Counsel for provincial government asserting trust claims in Chapter 11 and Companies' Creditors Arrangement Act proceedings by distributor operating in the U.S. and Canada: Core-Mark
• Counsel for trustee in bankruptcy and judicial trustee of major Canadian airline and travel group of companies: Canada 3000
• Counsel for significant secured lender to discontinue CCAA proceedings and enforce secured claim: Hunters Trailer and Marine
• Counsel to Enron Corp. in the CCAA restructuring of its Canadian interests

Recognition

Our Business Solutions and Restructuring Group lawyers are recognized as leaders in insolvency law by LEXPERT, the Chambers Global Guide and the Best Lawyers in Canada. Our lawyers are sought-after lecturers on corporate governance, creditor-debtor relations, fraud and insolvency-related subjects.

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