Insolvency

Insolvency and restructuring proceedings can have major impact on unions, employees, retirees and pension plans. This specialized area of law involves complex legal issues, tight and unpredictable deadlines, and competing interests from a variety of creditors and other stakeholders.  Without effective legal representation, unions, employees, retirees and pension plans can suffer significant losses in such proceedings.

At Koskie Glavin Gordon, we are able to respond quickly, negotiate effectively, and craft creative solutions to protect and advance union, employee and pension plan member rights.

The affiliation gives our clients access to the Koskie MinskyBankruptcy and Restructuring Group, which acts for employees, unions, retirees and pension plan administrators who are impacted by a restructuring, bankruptcy or receivership under the federal Bankruptcy and Insolvency Act or Companies’ Creditors Arrangement Act.  Koskie Minsky have been appointed by the courts as Representative Counsel to employees and retirees in a large number of insolvency cases and have appeared before trial and appellate courts in British Columbia and Ontario and before the Supreme Court of Canada, including representing pension plan members in the landmark Indalex case

We represent our clients to protect their interests and obtain the most advantageous results for them in a company’s restructuring or bankruptcy. This requires both strong advocacy and negotiating skills in legal proceedings that move and change very quickly, and where financial and other creditors are aggressively competing to protect their own financial interests. We bring our advocacy and negotiation skills to bear in such an environment, together with our expertise of bankruptcy and insolvency law and procedure to protect employees’ pension, benefits and wage claims where those are threatened. We act to ensure that our clients obtain the best possible recovery of amounts that are owing to them.

Our affiliation includes lawyers that have been involved in many of the largest and highest profile insolvencies in Canada, including many leading cases. These include successfully represented clients against insolvent corporations and competing creditors, including in the insolvencies of Catalyst Paper Corporation, Indalex Limited (Supreme Court of Canada), T.C.T. Logistics (Supreme Court of Canada), Hollinger Canadian Publishing Holdings Co., Air Canada, Stelco and Nortel.

In each case, Koskie Glavin Gordon and its affiliated lawyers protected pension benefit entitlements or obtained recoveries for unpaid wages, severance pay and other amounts owing to our clients