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Doug Nishimura is an Alberta-based lawyer representing clients throughout Canada who are facing complex debt recovery litigation, financial restructuring disputes and other related business issues. These matters often involve the purchase or sale of distressed assets in a court-approved restructuring or receivership, and at times, through a bidding process.
Doug has more than 20 years of experience representing the full range of parties involved in debt recovery disputes and restructuring proceedings, including corporate debtors, large and small financial institution and secured lenders, unsecured creditors on an individual and collective basis, shareholders of insolvent corporations, trustees, monitors, receivers and other court appointed officers and counterparties of insolvent corporations.
Doug is a staunch advocate for companies and individuals who are experiencing serious financial difficulties and need to restructure or protect themselves against creditors. He handles a wide range of formal insolvency and financial restructuring issues and proceedings, including:
• Bankruptcy and receivership
• Companies' Creditors Arrangement Act (CCAA) actions
• Recovery of debt and protection from creditors
• Enforcement of securities
• Negotiation of forbearance and informal restructuring processes
• Purchases of assets in insolvency proceedings
In addition, Doug identifies and resolves problem areas in secured transactions, such as priority disputes, preference claims, trusts, fiduciary obligations, fiduciary claims and fraud actions. Clients also turn to Doug for help with investor actions, fraud investigation and recovery, injunctions and corporate and commercial dispute resolution.
Value to Clients
Doug has a reputation for strong oral and written arguments and for working one-on-one with clients. He excels at identifying each client’s goals and developing tailored, proactive strategies for achieving them. Doug is also highly-regarded in the insolvency field and has deep experience navigating the complex processes and challenges his clients encounter.
Outside the Office
Doug spends most of his free time with his family. He was also a music teacher before law school and is one several musicians in the firm who have been playing rock and roll as a group at local bars and other events for more than 20 years.
"Litigation Star" Alberta
2014 - 2017
Lutheran Church Canada (Re), 2016 ABQB 419, Alberta Court of Queen's Bench
Grant Thornton Limited v Calmusky, 2014 ABCA 22 (CanLII), 2014 ABCA 22, Alberta Court of Appeal
Monarch Land Limited v CIBC Mortgages Inc., 2014 ABCA 143, 2014 ABCA 143, Alberta Court of Appeal
Statoil Canada Ltd v Cadillac Fairview Corporation, 2014 ABQB 24, Alberta Court of Queen's Bench
Eisenberg v. 910234 Alberta Ltd., 2013 ABQB 580, Court of Queen's Bench of Alberta
Statoil Canada Ltd. v. Cadillac Fairview Corporation, 2013 ABCA 420, Alberta Court of Appeal
Courtesy Chrysler (1987) Ltd. V. Chrysler Canada Inc., 2012 ABQB 658, Alberta Court of Queen's Bench
Clement (Re), 2011 ABQB 275, Alberta Court of Queen's Bench
Sprung Instant Structures Ltd. V. Royal Bank of Canada, 2008 ABQB 30, Alberta Court of Queen's Bench
Re Gauntlet Energy Corporation (Companies' Creditors Arrangement Act), 2003 ABQB 718, Alberta Court of Queen's Bench
Pioneer Chrysler Limited v. DaimlerChrysler Canada Inc., 2002 ABQB 801, Alberta Court of Queen's Bench
Security Home Mortgage Corporation v. Langdon, 2002 ABCA 188, Alberta Court of Appeal
Security Home Mortgage Corporation v. Langdon, 2000 ABQB 281, Alberta Court of Queen's Bench
Re Blue Range Resource Corporation, 1999 ABQB 1038, Alberta Court of Queen's Bench
Re Blue Range Resource Corporation, 1999 ABQB 1064, Alberta Court of Queen's Bench
Re Blue Range Resource Corporation, 1999 ABQB 1063, Alberta Court of Queen's Bench
Re Smoky River Coal Limited, 1999 ABQB 492, Alberta Court of Queen's Bench
Bassano Growers v. Price Waterhouse, 1998 ABCA 198, Alberta Court of Appeal
• Represented a bankruptcy trustee in a complex construction case involving numerous projects, creditors and claims, and helped the trustee collect and distribute debtor assets
• Represented the receiver in a highly-contested litigation matter involving a debtor that was harming investors by operating a fraudulent mortgage fund
University of Calgary, 1995, Juris Doctor, Gold Medalist
University of Calgary, 1992, Bachelor of Education With Distinction
University of Calgary, 1985, Bachelor of Music
1986, Alberta Teaching Certificate