Bankruptcy and Insolvency Litigation
Bankruptcy is a disaster. Paliare Roland’s insolvency lawyers are experts in disaster relief. We develop life-saving strategies for troubled businesses, their employees and their communities, and we fight to ensure that our clients get their fair share.
We have acted for many different stakeholders, including private and publicly traded corporations, court officers, organized labour, employees, retirees and pension administrators; class action plaintiffs; note-holders; secured lenders, debtors; directors, officers, and majority and minority shareholders.
And we have acted in a wide spectrum of cases, including private and court-supervised debt workouts and restructurings, receiverships, bankruptcies, winding-ups, secured transaction and priority disputes, directors’ and officers’ liability, lender liability and shareholder disputes.
Our extensive involvement in CCAA, bankruptcy, insolvency and restructuring matters includes, among others, the following current and historical high-profile, national and cross-border cases:
- Acting for the Superintendent of Financial Services as administrator of Ontario’s Pension Benefits Guarantee Fund in the insolvency of Nortel Networks;
- Acting as insolvency counsel to the class action plaintiffs in the insolvency of Sino-Forest Corporation;
- Acting for unions in the restructuring of Stelco, Air Canada, Algoma, Collins & Aikman, Slater Steel and its successor Hamilton Specialty Bar; and,
- Acting for various banks, public companies, and financiers who are dissident note-holders in the restructuring of Canada’s non-bank Asset Backed Commercial Paper market.
- Representative Work
Ken Rosenberg, Lily Harmer, Gord Capern, Max Starnino, Karen Jones, Emily Lawrence, Kris Borg-Olivier and Denise Cooney acted for the steelworkers in the restructuring and litigation following the insolvency of U.S. Steel Canada Inc. (now Stelco).
Rob Centa successfully represented the United Steelworkers in an oppression proceeding in an ongoing CCAA proceeding.
Ernst & Young Inc. v Essar Global Fund Ltd et al, 2017 ONSC 1366 (CanLII), http://canlii.ca/t/h2mnl
Together with Max Starnino, Megan Shortreed represented the employees of Maple Bank GmbH’s Canada Branch in a winding up under the Winding-up and Restructuring Act in Maple Bank GmbH (Re), 2017 ONSC 2536.
Ken Rosenberg, Max Starnino and Lindsay Scott are co-counsel along with Koskie Minksy and Siskinds for the representative plaintiffs in the Ontario class action against Sino-Forest Corporation and some of its current and former officers and directors, auditors and underwriters. Ken, Max and Lindsay represent the class interests in Sino-Forest’s CCAA proceeding that started in March 2012.
Ken Rosenberg, Lily Harmer and Max Starnino represent the Superintendent of Financial Services as Administrator of the Pension Benefits Guarantee Fund in Nortel Networks Corporation (Re), 2010 ONSC 5584 in the Nortel CCAA insolvency proceedings.
Chris Paliare, Ken Rosenberg, Margaret Waddell, Gordon Capern, Lily Harmer, Max Starnino, Megan Shortreed, Jeff Larry, Danny Kastner and Jean-Claude Killey represented a number of commercial noteholders and other stakeholders in Metcalfe & Mansfield Alternative Investments II Corp. (Re), 2008 CanLII 27820 (Ont. S.C.). which dealt with the restructuring of Canada's Asset-Backed Commercial Paper market, the largest restructuring in Canadian history.
Ken Rosenberg, Lily Harmer, Rob Centa and Jeff Larry acted for the Steelworkers in Stelco Inc. (Bankruptcy), Re, 2005 CanLII 8671 (O.C.A.). This matter was a CCAA proceeding involving Stelco, Ivaco, Algoma Steel and Slater Steel.
Ken Rosenberg and Andrew Lokan represented the Air Line Pilots Association (ALPA) who represent approximately 1400 regional Pilots at Air Canada/Jazz in Air Canada’s CCAA proceedings in Air Canada, Re, 2003 CanLII 49366 (Ont S.C.).
Ken Rosenberg, Gordon Capern and Lily Harmer represented stakeholders in the insolvency and restructuring of Canada 3000.