16th Annual CBA National Insolvency Law Conference

Hyatt Regency |  Toronto, Ontario
November 17 – 18, 2022

Join us in-person in Toronto on November 18 for the CBA Insolvency Law Conference. Don’t miss this unique opportunity to hear from lawyers, trustees, bankers and judges from across Canada, and to reconnect with colleagues and friends.

Organizing Committee

Chairs

Ian Aversa, Aird & Berlis LLP
David Ullmann, Blaney McMurtry LLP

Planning Committee

JJ Burnell, MLT Aikins LLP
Ilia Kravtsov, Osler, Hoskin & Harcourt
Jeremy Nemers, Aird & Berlis LLP

Agenda
Lead Sponsor
Aird  and Berlis LLP

Thursday November 17, 2022

TIME EVENT
7:00 pm-9:00 pm ET

Welcome Reception
Location TBA

SpeakerIan Aversa, Partner, Aird & Berlis LLP

November 18, 2022

TIME EVENT
8:30 am-9:00 am ET

Registration and Breakfast
Sponsor
Mcdougall Gauley LLP

9:00 am-9:15 am ET

Opening Remarks

SpeakerDavid Ullmann, Partner, Blaney McMurtry LLP

9:15 am-10:00 am ET

What’s New: Legislative Changes and Corresponding Caselaw
Over the past two and a half years, we have not only seen changes to the Companies’ Creditors Arrangement Act (the “CCAA”) and the Bankruptcy and Insolvency Act (the “BIA”) but also changes to the procedures that we traditionally followed in restructuring cases. What exactly were those changes, have they led to more access to justice and accountability, or have they introduced uncertainty with unintended consequences? Hear from our panel of expert legal and accounting professionals as they identify and assess some interesting changes in the way we navigate restructuring proceedings in Canada.

Speakers:
Carole J. Hunter, Counsel, DLA Piper
Stephen Ferguson, Managing Director, Alvarez & Marsal Canada
Gregory R. Azeff, Partner, Miller Thomson LLP
Lisa Hiebert, Partner, Borden Ladner Gervais LLP

ModeratorIan Aversa, Partner, Aird & Berlis LLP

10:00 am-10:45 am ET

Insolvency Professionals Need Closure: Real Estate Security and Enforcement
With a potential real estate downturn on the horizon, it is more important than ever that lenders and borrowers consider the implications and methods of enforcing real estate security. Make sure that you are fully prepared for the issues that arise when dealing with real estate security, including how to value, protect and enforce.

Speakers:
David Gruber, Partner, Bennett Jones LLP
Michael McDonald, Associate, Soloway Wright LLP
Heather Meredith, Partner, Miller Thomson LLP

ModeratorJeremy Nemers, Partner, Aird & Berlis LLP

10:45 am-11:00 am ET

Morning Break
Sponsor
BDO Canada

11:00 am-12:30 pm ET

Annual Cross-Canada Update
A flagship panel of leading insolvency lawyers from across Canada will once again present and discuss the latest significant case law emerging from coast to coast.

Speakers:
David Wedlake, Associate, Stewart McKelvey LLP
William Rodier-Dumais, Associate, Stikeman Elliott LLP
Derek Harland, Associate, Thornton Grout Finnigan LLP
Zachary Soprovich, Associate, Duncan Craig LLP

ModeratorAnjali Sandhu, Associate, MLT Aikins LLP

12:30 pm-2:00 pm ET

Luncheon | Presentation of the Lifetime Achievement Award – The Honourable Glenn Hainey

Speaker: JJ Burnell, Partner, MLT Aikins LLP

2:00 pm-2:45 pm ET

The Judges’ Perspective: Hot Topics & Practical Advice
Gain the perspective of our Judges’ panel on a wide range of issues, and get practical advice and guidance on how to address them in light of the predicted increase in insolvencies. Topics will include:

  • How to use technology in insolvency proceedings and when
  • The use of Court-directed alternative dispute resolution mechanisms in insolvency proceedings
  • Cross-border challenges for Judges and counsel.

Don't miss this opportunity to hear directly from the bench on these and other matters.

Speakers:
The Honourable Geoffrey B. Morawetz, Chief Justice, Superior Court of Justice of Ontario
The Honourable Madam Justice Corriveau, Superior Court of Québec
The Honourable Mr. Justice Kroft, Court of Queen's Bench of Manitoba

ModeratorJJ Burnell, Partner, MLT Aikins LLP

2:45 pm-3:30 pm ET

Reverse Vesting Orders - Pitfalls, Future Directions, and Cross-Border Implications
Reverse vesting orders have become a commonly used tool in restructuring proceedings both under the CCAA and the BIA. While these orders have many benefits, notably for regulatory and tax reasons, they have also raised many questions regarding their effect on stakeholder consultation. Experienced professionals will explore this trend, identify its pitfalls and future direction, and assess the cross-border implications.

Speakers:
Nigel Meakin, Senior Managing Director, FTI Consulting
Robyn Gurofsky, Partner, Borden Ladner Gervais LLP
Vicki Tickle, Partner, McMillan LLP

ModeratorJulien Morissette, Partner, Osler, Hoskin & Harcourt LLP

3:30 pm-3:45 pm ET Afternoon Break
3:45 pm-4:30 pm ET

Making a Good Faith Effort: Reviewing the Impact of the 2019 Amendments and the Duty of Good Faith
Since the amendment of the CCAA and the BIA to include an obligation for all “interested persons” to act in accordance with a duty of good faith, courts across the country have had the opportunity to consider whether or not the amendments to the CCAA and BIA have created a new duty, or whether they have merely codified the existing common law. Either way, this duty is now in the spotlight, and lenders, court officers, debtors and others must all ensure that their actions are done with this duty in mind. Hear about recent decisions and how courts are interpreting the amendment and learn best practices for dealing with this issue.

Speakers:
Linc Rogers, Partner, Blake, Cassels & Graydon LLP
Domenico Magisano, Partner, Lerners LLP
Toni Vanderlaan, Partner, Deloitte Canada

ModeratorDavid Ullmann, Partner, Blaney McMurtry LLP

4:30 pm-4:45 pm ET

Closing Remarks

Speaker: Ian Aversa, Partner, Aird & Berlis LLP

4:45 pm ET Closing Reception
Location TBA