Insolvency & Restructuring
At McEwan Partners we understand the real-time nature of insolvency litigation.
Our experience and skill set make us effective and rigorous advocates, even in the abridged format characteristic of insolvency proceedings.
Our lawyers have acted for debtors, creditors and other stakeholders in restructurings under the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act (“CCAA”). For creditors, we have litigated challenging contested claims and trust issues to maximize our clients’ recovery. For debtors, we have worked with restructuring counsel to manage claims, keeping debtors’ lights on and ensuring successful workouts.
We have acted in precedent setting cases. For example, Owen James acted for the successful appellant in Century Services Inc. v. Canada (Attorney General), 2010 SCC 60, in which the Supreme Court of Canada for the first time directly interpreted key provisions of the CCAA.
Outside of insolvency and liquidation proceedings, we have acted in a wide range of debtor and creditor actions. These have included successfully advocating for clients in claims involving fraud, such as Ponzi schemes or fraudulent conveyances and preferences, and obtaining or defending important strategic interim orders, such as mareva orders and anton piller orders. We routinely work with counsel and clients on cross-border and multi-jurisdictional matters involving the appointment of receivers, and recognition and enforcement of foreign orders and judgments.