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WWW.LEXPERT.CA
Partridge, Michael Goodmans LLP
(416) 597-5498 mpartridge@goodmans.ca
Mr. Partridge's practice focuses on corporate finance, mergers &
acquisitions, private-equity transactions and securities law, including in the
areas of mining and natural resources. His clients include Aquila Resources
Inc., Industrias Peñoles, S.A.B. de C.V., a subsidiary of Grupo Bal, Mandalay
Resources Corporation and CE Mining Limited.
Paré, Robert Fasken Martineau DuMoulin LLP
(514) 397-7517 rpare@fasken.com
Mr. Paré has been practising in the areas of corporate governance, mergers
& acquisitions and securities for more than 30 years. He has extensive
experience and was responsible for handling the legal aspects of a number
of transactions that have marked the Canadian economic landscape. He is
recognized for his ability to handle multi-faceted files, particularly in relation
to take-over bids.
Orr, William K. Fasken Martineau DuMoulin LLP
(416) 865-4360 worr@fasken.com
Mr. Orr focuses his practice on corporate governance in acting for boards
of directors and independent committees of boards. He is recognized in
Canadian and international directories for expertise in public & private
financings, private placements, take-over bids, M&A, going-private
transactions, corporate governance, restructurings, and stock exchange
and securities enforcement issues.
O'Neill, Brendan Goodmans LLP
(416) 849-6017 boneill@goodmans.ca
Mr. O'Neill focuses on cross-border and transnational insolvencies and
restructurings, bankruptcy-based acquisitions and near-insolvency investing
scenarios. He represents debtors, creditors, committees, noteholders and
other stakeholders. Recent mandates include Lone Pine Resources, Pacific
Exploration, Lightstream Resources, Banro Corporation, Tervita, Concordia
and Carillion, among others.
Nordick, D'Arcy Stikeman Elliott LLP
(416) 869-5508 dnordick@stikeman.com
Mr. Nordick is Co-Head of the Capital Markets and Public Mergers &
Acquisitions Groups in Toronto. He is also a member of the Mining and
Financial Products & Services Groups. His practice focuses on M&As
(public and private), corporate finance and governance, securities, financial
products, licensing and joint ventures, project development, restructuring,
and corporate and commercial law.
Nixon, Christopher W. Stikeman Elliott LLP
(403) 266-9017 cnixon@stikeman.com
Mr. Nixon is a partner in the Capital Markets and Mergers & Acquisitions
Groups and Head of the China Group. His practice focuses on business
law, with an emphasis on mergers & acquisitions, corporate finance,
joint ventures, private equity, corporate and trust reorganizations
and corporate governance.
LEXPERT-RANKED LAWYERS
cally different."
In November 2016, Pacific Exploration and
Production Corp., a Canadian company that
was the largest non-state oil producer in Latin
America, announced it had successfully imple-
mented a restructuring plan under the CCAA,
even though it largely operated in Colombia. is
was novel in Colombia, says Melaney Wagner, a
partner in the Corporate Restructuring Group at
Goodmans LLP in Toronto, as "Colombia recog-
nition proceedings had never been used with the
CCAA" before. (Goodmans was counsel to the
ad hoc noteholders in the proceedings.)
However, she says, a unique feature of the
CCAA proceedings is the court-appointed moni-
tor, who in this case built a connection with the
office of the superintendent of bankruptcy in Co-
lombia and worked closely with it. is avoided
Pacific being taken over by the superintendent,
says Wagner. e court-appointed monitor "was
instrumental …, so because of that, and all of the
flexibility under our statute, the Pacific [restruc-
turing] was completed in a time-effective and
cost-efficient manner." In June 2017 the company
changed its name to Frontera Energy Corp. and is
listed on the TSX.
While insolvency lawyers don't see a general
swing to using the Canadian insolvency regime
in international restructurings, they see its advan-
tages and aren't surprised when it is favoured over
other regimes.
"Our regime has a lot to commend it," says
ornton. "But clients in particular are reluctant
to go into an uncertain regime as opposed to one
[such as the US regime] where they can predict the
result — even if it takes longer and costs more."
Perhaps the greatest foreign player in Canadian
insolvency proceedings is the United States, where
investors are oen located. e US Bankruptcy
Code is more codified and rules-based, insolvency
practitioners agree, though one that allows players
to show up at the last minute, on the courthouse
steps, to make a deal; it's described as results- rath-
er than principles- and process-driven.
"OUR REGIME HAS A LOT
TO COMMEND IT. BUT CLIENTS
IN PARTICULAR ARE RELUCTANT
TO GO INTO AN UNCERTAIN REGIME
AS OPPOSED TO ONE [SUCH AS
THE US REGIME] WHERE THEY CAN
PREDICT THE RESULT — EVEN IF IT
TAKES LONGER AND COSTS MORE."
- ROBERT THORNTON,
THORNTON GROUT FINNIGAN LLP
