Day 1 - Monday, October 7, 2013

7:45
Registration, Coffee Served
8:45
Opening Remarks from the Co-Chair:
9:00
Regaining momentum, slowly: Current and future trends in the global economy
10:00
Commanding the complexities of multiple jurisdictions in cross-border files
11:00
Networking Coffee Break
11:15
Determining the priority of environmental claims in CCAA proceedings
12:15
Networking Luncheon
1:30
Post-Indalex: Managing the impact on pension plan priorities going forward
2:30
The emerging role of representative counsel: Effectively managing multiple parties to increase efficiencies in processing claims
3:15
Networking Coffee Break
3:30
Innovative alternatives to formal insolvency proceedings: Restructurings under the CBCA and informal workouts
4:30
Concluding Remarks from the Co-Chair, Forum Adjourns

Day 2 - Tuesday, October 8, 2013

7:50
Coffee Served
8:20
Opening Remarks from the Co-Chair
8:30
Financing for distressed businesses: How to successfully access credit today
9:30
New developments in interim financing: What you need to know to facilitate a successful going-concern restructuring
10:15
Networking Coffee Break
10:30
Understanding the nuances of WEPPA: Reducing exposure to liability for trustees/receivers
11:30
Legislative Amendments to the BIA and CCAA: A forecast for 2014
12:00
Closing Remarks by the Co-Chair, Forum Concludes

The Nuts and Bolts of Litigating a Cross-Border File

Oct 8, 2013 5:00pm -

Speakers

Jane Dietrich
Partner, Restructuring and Insolvency
Cassels Brock & Blackwell LLP

A-Z Guide to Practice and Procedure in Bankruptcy Courts Across Canada

Oct 8, 2013 7:15pm -

Speakers

Master May Jean

Ontario Superior Court of Justice

Lorne A. Smart Q.C.

Alberta Court of QueenÕs Bench

Registrar Kathryn S. Sainty

British Columbia Supreme Court

Day 1 - Monday, October 7, 2013

7:45
Registration, Coffee Served
8:45
Opening Remarks from the Co-Chair:

James H. Grout
Partner
Thornton Grout Finnigan LLP

9:00
Regaining momentum, slowly: Current and future trends in the global economy

Aron Gampel
Deputy Chief Economist
Scotiabank

Global growth is expected to continue into 2014, despite the numerous economic and financial problems on an international scale. It is important to be aware, however, that there are upside and downside risks to the forecast. In this session, you will learn what those risks are, what the industry can expect in Canada and globally, and what you should be doing to prepare.

Mr. Gampel is a senior economic advisor to clients of the Scotiabank Group, with broad responsibility for analyzing global economic/financial market trends and assisting the Chief Economist in managing Scotia Economics’ research agenda and operations.

10:00
Commanding the complexities of multiple jurisdictions in cross-border files

Ken Coleman
Partner
Allen & Overy LLP (New York)

Pamela L. J. Huff
Partner
Blake, Cassels & Graydon LLP

Cross-border files involve a host of complex challenges as you coordinate between the differing legislation and processes of independent jurisdictions. With our expert practitioners from Canada and the U.S., you will gain strategies for efficiently navigating the process, including:

  • Practical solutions to help you achieve a harmonious, cost-effective and expeditious process for your cross-border insolvency matters
  • Determining the appropriate location for filing main proceedings and need for foreign recognition
  • Proven practices for achieving receptiveness from a foreign court
  • How to coordinate hearings and rulings between independent jurisdictions
  • Guidelines for advising and updating your client throughout the process
  • Evaluating whether large and mid-size cross-border files require the same considerations
  • Examining the implications of recent case law from Canada, the U.S. and UK

11:00
Networking Coffee Break
11:15
Determining the priority of environmental claims in CCAA proceedings

Mario Faieta
Crown Counsel
Ministry of the Environment

Sean Dunphy
President
Russell Hill Advisory Services Inc.

Alan B. Merskey
Partner
Norton Rose Canada LLP

At the forefront of Canada’s biggest CCAA files in recent years has been the controversy over a company’s responsibility for environmental clean-ups. In this dynamic panel session, you will hear from leading counsel on all sides of the debate.

  • Examining the implications of the SCC decision in AbitibiBowater and current developments in the Nortel appeal
  • Are companies exempted from regulatory environmental requirements once a stay has been granted under the CCAA?
  • Strategies and solutions for mines in resource-rich provinces that will require substantial cleanups in the coming decades
  • Clarifying the test: Regulator or creditor?
  • Are orders under the EPA to be treated as provable claims and thereby subject to the CCAA priority scheme?

12:15
Networking Luncheon
1:30
Post-Indalex: Managing the impact on pension plan priorities going forward

Moderator:

James H. Grout
Partner
Thornton Grout Finnigan LLP

Panelists:

Jana Steele
Partner Pensions and Benefits
Osler, Hoskin & Harcourt LLP

Bethune Whiston
Partner
Morneau Shepell

The insolvency community heaved a collective sigh of relief when the Supreme Court restored the priority of DIP lenders over pensioners in the Indalex decision. For all the answers that the decision delivered, however, it has presented many new questions, particularly with regards to its impact on the proper administration of pension plans. Hear the perspective from expert pension practitioners who will provide you with all the information you need to manage the impact of the decision moving forward.

  • Options and strategies for pension plan administrators to address the conflict between corporate interests and fiduciary duties
  • What are the legal and practical limitations in appointing a third-party administrator?
  • How is the decision affecting the ability of companies to obtain credit financing?
  • Examining the scope of PBA deemed trust: Can we expect to see more bankruptcies to reverse the priorities? If so, what are viable options?
  • How provincial courts have been applying the ruling and anticipated future trends

2:30
The emerging role of representative counsel: Effectively managing multiple parties to increase efficiencies in processing claims

Jeffrey Carhart
Partner
Miller Thomson LLP

Mark Zigler
Partner
Koskie Minsky LLP

While the courts have yet to codify an approach for the effective representation of large groups of similarly placed stakeholders, the prominent trend over the past several years has been the appointment of representative counsel. As the issue becomes increasingly common in Canadian insolvency matters, the role of representative counsel continues to evolve and develop. In this exciting new session, you will hear from experienced representative counsel in Canada’s leading insolvency cases on how to effectively manage the process.

  • Lessons on setting the parameters from the outset to manage an orderly and efficient process
  • Step-by-step guide to providing notice, obtaining instructions and providing representation to a large group of clients
  • Incorporating a process to monitor counsel fees where multiple representative counsel have been appointed
  • Reviewing the factors that a court considers in determining whether to appoint representative counsel
  • Common features that you can expect in an order for representative counsel

3:15
Networking Coffee Break
3:30
Innovative alternatives to formal insolvency proceedings: Restructurings under the CBCA and informal workouts

Supriya Sarin
Senior Director
Special Loans, CIBC

Melaney Wagner
Partner
Goodmans LLP

Nigel Meakin
Senior Managing Director
FTI Consulting

Over the past several years, companies facing financial distress have increasingly been turning toward restructuring solutions that enable them to minimize the high costs and lengthy timelines generally associated with formal proceedings. In this session, you will gain detailed insight into two of the most viable alternatives – CBCA restructurings and informal workouts – and practical advice on how to choose the solution that is best for you.

  • Implementing alternatives to formal insolvency proceedings that can offer lower cost and greater control over the recovery process
  • Identifying appropriate circumstances for CBCA restructurings and informal workouts and how they are carried out
  • Determining when and how s. 192 of the CBCA is used to restructure insolvent corporations
  • Reviewing successful examples of when these alternatives have been applied

4:30
Concluding Remarks from the Co-Chair, Forum Adjourns

Day 2 - Tuesday, October 8, 2013

7:50
Coffee Served
8:20
Opening Remarks from the Co-Chair
8:30
Financing for distressed businesses: How to successfully access credit today

David Reese
Chief Operating Officer
Callidus Capital Corporation

James Forward
Vice President, Special Loans
Scotiabank

Special Considerations for Small Business

Jeffrey Brown
Director of Small Business
Meridian Credit Union

Special Considerations for Small Business

In times of financial distress, obtaining financing for your company or client is one of the most critical and challenging goals. Before you go knocking on lenders’ doors, you need to be prepared in order to increase your chances for success.

  • Who is providing financing and under what terms?
  • Identifying which industry sectors and geographic regions are currently of concern to lenders and why
  • Trends and considerations in financing for distressed businesses
  • Learn key strategies for collaborating with lenders to achieve financial rehabilitation

Mr. Brown from Meridian, Ontario’s largest credit union, will offer expert advice for small business owners on what to do before approaching a lender and key actions you need to take to ensure your ongoing success. He will also discuss what resources are available to help you out when there are bumps in the road.Mr. Brown from Meridian, Ontario’s largest credit union, will offer expert advice for small business owners on what to do before approaching a lender and key actions you need to take to ensure your ongoing success. He will also discuss what resources are available to help you out when there are bumps in the road.

9:30
New developments in interim financing: What you need to know to facilitate a successful going-concern restructuring

Natasha MacParland
Partner
Davies Ward Phillips & Vineberg LLP

Waél Rostom
Partner
McMillan LLP

DIP loans are a crucial element in ensuring the success of a going-concern restructuring. In this session, you will gain up to date information on the most recent developments in interim financing so that you can obtain the best solutions for your clients.

  • Examining the implications of Crystallex on the DIP selection process
  • How to achieve a balance between the interests of lenders, secured creditors and the distressed company
  • Analyzing the scope of discretion granted to a supervising judge to approve interim financing under s. 11.2 of the CCAA
  • Discussing the implications of the SCC decision in Indalex on interim financing
  • Strategies and considerations for DIP roll-ups

10:15
Networking Coffee Break
10:30
Understanding the nuances of WEPPA: Reducing exposure to liability for trustees/receivers

Darlene McGinley
Senior Policy Analyst
WEPPA – Wage Earner Protection Program

E. Patrick Shea
Partner
Gowling Lafleur Henderson LLP

Sheldon Title
Senior Vice-President
MNP Ltd.

  • What are the obligations of a trustee/receiver under the WEPPA?
  • Highlighting the “mass termination” provision and when it should be applied to groups of employees
  • Clarifying employees’ eligibility for the six-month wage claim period in BIA and CCAA proceedings, following the 2011 amendments to the definition of “eligible wages”
  • Gaining certainty on the reporting requirements for trustees/receivers in light of the “eligible wages” amendments
  • Ensuring payment of trustee/receiver fees amid WEPPA’s secured charge against current assets of a company
  • Solutions to minimize the high costs of personal liability that could result from improperly administering the Act

11:30
Legislative Amendments to the BIA and CCAA: A forecast for 2014

Philippe H. Bélanger
Associé
McCarthy Tétrault S.E.N.C.R.L., s.r.l.

The five-year review of the BIA and CCAA is just around the corner and the legislative amendments will be in force before you know it. Gain the inside track of legislative reforms.

  • Get a first look into the amendments on the horizon
  • Examine how the changes could impact your practice
  • Prepare now so that you can properly advise your clients

Philippe H. Bélanger serves as current Chair of the Joint IIC/CAIRP Task Force on Insolvency Law Review, leading professional efforts to reform Canada’s business insolvency laws.

12:00
Closing Remarks by the Co-Chair, Forum Concludes