Brian Empey

Partner

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Brian Empey is a partner in the Corporate Restructuring Group at Goodmans, which is consistently and widely recognized as Canada’s best and leading corporate restructuring practice.

Brian’s practice involves all aspects of corporate restructuring including bankruptcy, insolvency, liquidations and creditor remedies, as well as secured transactions and structured financings, including derivatives and asset-backed securitizations.

Brian 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.  He has advised debtor companies, creditors, regulators, committees and court-appointed officers, and has appeared in all levels of courts, including the Supreme Court of Canada.

REPRESENTATIVE WORK

Brian’s representative work includes advising:

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 proceeding and the transfer of the Canadian blood program to the government
• a secured creditor in the CCAA proceedings of Indalex (Canada), including on issues argued before the Supreme Court of Canada

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 Monitor in the CCAA proceedings of Nortel Networks
• the Information Officer in the CCAA proceedings of LightSquared
• Calpine Canada in its CCAA proceeding in Calgary, AB in connection with Chapter 11 filings of the U.S. based group

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 the CCAA proceedings of 6 subsidiaries

RECOGNITION

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

PROFESSIONAL INVOLVEMENT

Brian has published articles and spoken locally and internationally on a number of issues relating to insolvency. He has served on the Oral Examination Board for licensing of insolvency trustees and was Chair of the Insolvency Section of the Ontario Bar Association.