Expertise - Banking and Financial Services

Our Banking and Financial Services Group offers timely and innovative solutions to clients whether they are seeking assistance with a loan transaction or requiring expertise on loan recovery and realization of security. With a special ability to understand our clients' motivations and expectations, and knowledge of the businesses of our clients' customers, our lawyers are able to deliver what is needed from start to finish. We also serve a broad range of local, national and international clients, including chartered banks, insurance companies, asset-based financiers, treasury branches, credit unions, governmental authorities and private lenders. For each of these clients we are able to provide a tailor-made solution in a cost-effective manner and achieve the right result.

Our lawyers have the expertise and experience to assist clients in each of the following areas:

Commercial Loan Transactions

  • Representation of lenders and borrowers in all kinds of secured lending transactions, with emphasis on industry-focussed loan transactions for oil & gas explorers/producers, oil & gas service companies and real estate developers
  • Assisting lenders with due diligence and placing security in connection with land and business acquisitions
  • Providing legal opinions on financing agreements and arrangements
  • Negotiating and drafting agreements relative to debt financing, including facility and commitment letters, loan agreements, personal property security agreements, land mortgages, asset leases, loan syndications, priority and subordination agreements
  • Advising lenders with respect to government regulations and policies affecting their business
  • Providing advice to institutional lenders on their standard form loan documentation

Creditors Rights and Insolvency

  • Assisting financial institutions, commercial lenders, vehicle and asset-based financiers and individual creditors in the following: the enforcement and realization of security, including real estate foreclosures, personal property security realizations and asset recoveries in lease transactions; the enforcement of personal guarantees; litigation relating to fraudulent preferences and conveyances; the creation and enforcement of writs and attachment orders; general debt collection matters
  • Advising institutional clients and trade suppliers regarding creditors' rights in secured and unsecured debt matters, including priorities among creditors in all scenarios
  • Representing financial institutions, insurance companies and private lenders in all matters pertaining to bankruptcy, insolvency and receivership, from appointments of trustees and receivers through to realization
  • Representing clients in negotiation and drafting agreements in connection with proposals, informal workouts and debt re-organizations as well as litigating on behalf of clients in connection with applications under the Companies' Creditors Arrangement Act (CCAA)
  • Assisting and advising Trustees, Receivers and Monitors with all aspects of bankruptcy and insolvency practice and related proceedings
  • Giving advice to institutional clients on legislation governing the collection of debts and enforcement of security