
Overview
Brian Empey is a partner at Goodmans where he is a member of the 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.
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.
Featured 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
Awards & Recognition
-
Chambers Global Recognized, Restructuring/Insolvency 2023
-
The Canadian Legal Lexpert Directory Recognized, Insolvency & Financial Restructuring: Financial Restructuring 2023
-
Chambers Canada Recognized, Restructuring/Insolvency 2023
-
Best Lawyers in Canada Recognized: Banking and Finance Law, Insolvency and Financial Restructuring Law 2023
-
Legal Media Group's Expert Guides Recognized, Banking, Finance and Transactional 2022
-
IFLR1000 Canada Highly Regarded, Restructuring & Insolvency 2022
Credentials
Professional Involvement
Credentials
- Western University, LL.B., 1988
- Western University, B.A., 1985
Professional Affiliations
- Law Society of Ontario
- Canadian Bar Association
- Ontario Bar Association, Insolvency Section
- Insolvency Institute of Canada
- INSOL International
- Turnaround Management Association
Call to Bar
- 1990 Ontario
Insights
-
Employment, Pensions and Executive Compensation
Bill C-228: The Pension Protection Act – It’s Time to Prepare
Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985, or the Pension Protection Act (PPA) in short… -
Structured Finance and Derivatives
The Securitisation Law Review 3rd Edition - Canada Chapter
Francesca Guolo, Mark Surchin, Brian Empey and Jon Northup co-authored the Canada Chapter of The Law Reviews' Securitisation Review 3rd Edition. The Securitisation Law Review provides legal… -
Banking and Financial Services
The Securitisation Law Review 2nd Edition - Canada Chapter
Francesca Guolo, Mark Surchin, Brian Empey and Jon Northup co-authored the Canada Chapter of The Law Reviews' Securitisation Review 2nd Edition. The publication provides securitisation… -
Restructuring
2nd Edition INSOL International Book; Treatment of Secured Claims in Insolvency and Pre-Insolvency Proceedings II - Canada Chapter
Brian Empey and Andrew Harmes authored the Canada Chapter of the 2nd Edition INSOL International Book; Treatment of Secured Claims in Insolvency and Pre-Insolvency Proceedings II. This book covers a… -
Restructuring
Update on Shareholder and Equity - Related Claims in Insolvency Proceedings, INSOL
Caroline Descours, Brian Empey and Brendan O'Neill co-authored the article "Update on Shareholder and Equity - Related Claims in Insolvency Proceedings", originally published in INSOL… -
Dispute Resolution
Supreme Court will hear Appeal in Indalex Canada Pension Priority Case
The Supreme Court of Canada today granted an application brought by Goodmans on behalf of Sun Indalex Finance, LLC for leave to appeal from the Ontario Court of Appeal’s decision released in April of…
News & Events
-
Banking and Financial Services
The Canadian Legal Lexpert Directory 2023 Continues to Recognize Goodmans
We are proud to announce we have once again been recognized in The Canadian Legal Lexpert Directory 2023.85 Goodmans lawyers have been recognized as top-tier in their fields and leaders across… -
Banking and Financial Services
Chambers and Partners Continues to Honour Goodmans with Global Recognition
We are proud to announce Goodmans LLP has once again received top tier recognition from Chambers and Partners in the Chambers Global 2023 Guide released today. Recognition from Chambers and… -
Goodmans Lawyers Named Across 2022 Expert Guides
We are pleased to share Goodmans lawyers have been recognized across several Expert Guides 2022 editions. Recognition from Expert Guides is based on peer review, and demonstrates our lawyers…