Brian Empey

Partner

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Brian Empey is a partner at Goodmans where he is a member of the Corporate Restructuring Group, which is widely recognized as Canada’s leading corporate restructuring practice.

Brian has advised debtor companies, creditors, regulators, committees and court-appointed officers on insolvency matters across Canada. He has particular expertise in complex and cross-border restructurings under the Companies’ Creditors Arrangement Act (CCAA) and in insolvencies of securities firms and financial institutions.  

Brian also advises clients in connection with secured transactions and structured financings, including derivatives and asset-backed securitizations, and regulatory compliance in the financial services and payments industry.

REPRESENTATIVE WORK

Brian’s work in the public domain has included representing:

Complex CCAA proceedings

• the Pan-Canadian Investors Committee concerning its CCAA Plan in the successful $32 billion restructuring of Canadian Third-Party Structured Asset-Backed Commercial Paper
• the Canadian Red Cross Society in its CCAA restructuring that released the Society from the burden of class action litigation arising from its former operation of  the Canadian blood program

Cross-border Restructurings

• Toys “R” Us (Canada) in parallel CCAA and U.S. Chapter 11 proceedings resulting in a successful sale and continued operation of the Canadian company
• the CCAA Monitor of Nortel Networks

Insolvencies of Financial Institutions and Securities Firms

• CIPF in the bankruptcy of MF Global Canada
• IIROC in the CCAA and receivership of First Leaside Securities
• the Liquidator of Confederation Life Insurance Company in its winding-up and in related CCAA proceedings

RECOGNITION

Brian is recognized as a leading insolvency and financial restructuring lawyer by Chambers Canada, Chambers Global, The Canadian Legal Lexpert Directory, IFLR 1000, Who’s Who Legal Canada, Euromoney’s Guide to the World’s Leading Insolvency and Restructuring Lawyers and is BV Peer Review rated by  Martindale-Hubbell. Brian is also recognized in the area of banking and finance law and insolvency and financial restructuring law by  Best Lawyers in Canada.

PROFESSIONAL INVOLVEMENT

Brian has authored articles and spoken nationally and internationally on a number of issues. He has served on the Oral Examination Board for licensing of insolvency trustees.