We provide advice and representation to banks, financial institutions, secured and unsecured creditors, receivers, liquidators, and trustees in bankruptcy.
We also help business owners who are facing bankruptcy or who are in disputes with debtors and creditors.
What sets us apart is our proactive approach, providing on-going advice on various legal, reputational, regulatory and operational issues with a view to minimizing risk.
Our lawyers have significant depth of expertise in the areas of banking and insolvency, foreclosures, creditors’ remedies, security enforcement, proceedings with priority disputes, receivership and bankruptcy.
We assist financial institutions with foreclosure and collection, as well as commercial litigation, fraud cases, misrepresentation and estate matters. We have represented banks and other financial institutions in mortgage recovery, business loan security enforcement and insolvency proceedings before all levels of courts in Ontario.
Banking and creditor disputes require knowledgeable lawyers who apply creative, cost-effective solutions to quickly reduce risk. The faster these situations are dealt with, the more money is recovered.
We have strong and long standing relationships with many of our bank and financial institution clients. Working with clients over many years enables us to develop specific knowledge and expertise about their products and develop efficiencies based on their expectations and corporate goals.
Services
- Bankruptcy-related services including work with trustees, receivers and creditors.
- Companies' Creditor Arrangement Act proceedings.
- Collection of secured and unsecured debt stemming from credit card loan mortgage and other debt.
- Debt restructuring.
- Defence of debt and guarantee claims.
- Foreclosures - commercial and residential.
- Representation in insolvency proceedings and the recovery of assets from insolvent companies.
- Lease defaults - property and equipment lease issues and renegotiations.
- Proposals pursuant to the Bankruptcy and Insolvency Act.
- Property-related issues including commercial and residential real estate development receiverships.
- Advice on tax issues, including statutory liability for unpaid income tax, source deductions, provincial sales tax, goods and services tax and wages.
Typical Situations
- A credit card company needs to find a cost-effective way to outsource debt collection work.
- A bank has a complicated loan payment dispute with two businesses held by the same owners. Both businesses go bankrupt, leaving their bank to recover the debt.
- A corporation enters into Companies’ Creditors Arrangement Act proceedings and it needs to pay creditors and protect itself from litigation.
Select Cases
Notable Cases
- Represented a debtor company in the Toronto Court of Appeal after a lower court rejected the debtor’s proposal to creditors. This is a landmark case that confirmed that an appeal of a trustee’s valuation of a claim is a true appeal, and not a trial de novo.
- Acted in the Toronto Supreme Court for an insolvent construction company seeking to have its proposal to creditors approved, and to avoid personal liability for its directors and officers. This is a landmark case that determined the types of claims against directors and officers that can be compromised through the proposal process.
- Acted in the Toronto Court of Appeal for a personal debtor facing fraudulent conveyance allegations. This case remains a leading authority on the interpretation of s. 38 of the Bankruptcy and Insolvency Act.
Foreclosure
- Currently acting for major banks, financial institutions and other creditors in foreclosures of commercial and residential properties. Ellison Peters Professional Corporation has represented banks in this type of work for more than 30 years, applying creative, quick and effective counsel.
Companies’ Creditors Arrangement Act proceedings
- Represented creditors in Companies’ Creditor Arrangement Act proceedings with respect to Westar Mining Ltd., Woodward Stores Ltd., 360 Networks Inc., Doman Industries Ltd., Skeena Cellulose Inc., Pope & Talbot Ltd., and Bear Mountain Master Partnership.
- Currently representing law and other professional firms in CCAA proceedings.
