Bankruptcy, Insolvency & Restructuring

The global economy remains volatile and uncertain. Despite glimpses of widespread recovery since the 2008 downturn, world market turbulence prevails. The Canadian economy has maintained an edge but remains far from invincible.

Canadian businesses, particularly those with cross-border operations and customers in harder-hit economic regions, have felt the impact—some more than others. The ongoing volatility forces them to make swift short-term decisions, which will most certainly affect long-term plans. Some will need to re-evaluate entirely to determine the path of least fiscal injury.

The Davis LLP Bankruptcy, Insolvency & Restructuring Group assists all insolvency and financial stakeholders by providing strategic advice and advancing appropriate resolutions to their situations. We employ a multi-disciplinary approach that helps our clients obtain the best possible result in challenging economic times.

Our national and international team members have broad fluency in their respective jurisdictions in all aspects of restructuring, bankruptcy and insolvency law, including comprehensive 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 the firm 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 provide creative options for clients looking to take advantage of current market forces to acquire assets or enterprises at attractive prices.
  • 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 also have significant experience in matters pertaining to fraud.
  • 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.

Our team goes well beyond the traditional legal options to develop and implement innovative strategies to maximize benefit and minimize risk.