Fred Myers and Robert Chadwick at the Advanced Program in Corporate Insolvency and Restructuring
December 11 - 12, 2008
Thursday, December 11, 2008
9:15 am: The ABCP Case – Impact of the Court’s Decision on Insolvency Practice
Speaker: Fred Myers, Partner, Goodmans LLP
The Ontario Court of Appeal’s decision in Re: Metcalfe & Mansfield Alternative Investments II Corp. not only makes clear that third party releases can be included in a plan but sets out a coherent explanation of the scope and purpose of the CCAA. The recent decision by the Supreme Court of Canada to not hear a challenge to the Re: Metcalfe decision sets the course for managing parties in cases of future financial meltdowns. Experienced counsel will discuss the legal underpinnings of the ABCP restructuring plan, the court decisions and how they will benefit complex restructurings in Canada. There will be ample time for questions and discussion.
12:15 Restructuring Options
Speaker: Robert J. Chadwick, Partner, Goodmans LLP
The availability of different statutory regimes and their flexibility give debtors and creditors a variety of restructuring options including prepackaged arrangements, creditor initiated arrangements, plans of arrangement under Corporation statutes, and out of court arrangements among others. Hear from two practitioners about innovative restructuring techniques, their pros and cons, and the factors that influence debtor and creditor choices.