Collections, Bankruptcy + Insolvency
Collections, Bankruptcy + Insolvency
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Field Law has experience in all areas of collections, bankruptcy and insolvency law, creditor-debtor rights, and banking litigation.

Bankruptcy + Insolvency

Few areas of law cover a range of issues and services as wide as insolvency law. Insolvency law touches all business areas, and all manner of problems and solutions. We represent institutional lenders, receivers and bankruptcy trustees, secured and unsecured creditors, lessees of real and personal property, debtors, and individuals and businesses involved in all types of litigation related to bankruptcy, insolvency and commercial reorganizations.

Field Law lawyers have acted for debtors, creditors, Court appointed officials, assets purchasers, directors, guarantors, shareholders and other investors and employees affected by insolvency proceedings.  

Our lawyers have acted to assist companies in financial distress in Court supervised restructurings under the Companies’ Creditors Arrangement Act, proposals under the Bankruptcy and Insolvency Act and informal work outs with creditors. We have also helped numerous other stakeholders deal with companies going through such processes.

We have assisted:

  • Creditors in recovering their secured and unsecured claims through debt enforcement proceedings, receivership actions, bankruptcies and repayment negotiations
  • Court appointed officials in carrying out their obligations in a manner which is fair and equitable for all stakeholders 
  • Potential buyers in navigating Court supervised sales processes and ensuring that their acquisitions are protected under Court Order, and
  • Creditors and receivers investigate and remedy fraud matters.  

Field Law has recognized practitioners who work in areas important to the insolvency world, such as business transactions, real estate, intellectual property, labour and employment, regulatory matters, tax and financial services.  

Collections

Our Collections team is experienced and proficient in overseeing and conducting any matter, from the point at which a debt arises and activity and proceedings are commenced right, through to enforcement.

Our clients include banks, other financial institutions, insolvency practitioners, turnaround specialists from the major accountancy firms, suppliers, landlords, as well as creditors and directors of companies in financial difficulty. We also provide advice to directors, creditors, shareholders and professionals in proceedings based on alleged fraudulent transfers, preferences, lenders’ liability, professional malpractice and other matters.

We recognize that good lawyers are not just highly skilled in the courtroom, but are equally adept at keeping clients out of the courtroom. In keeping with this notion, our team works proactively to manage conflict, helping clients avoid disputes or resolve them before litigation is commenced.

Our clients benefit not only from our experience with the Canadian Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and the Personal Property Security Act, but also from the knowledge of other lawyers at Field Law to develop an overall case strategy to maximize recovery and minimize cost.

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1536466 Alberta Ltd v Prestigious Properties Inc, 2017 ABQB 176
Graham Group Ltd v Labas Estate, 2017 ABQB 368
Factors Western Inc v DCR Inc , 2021 ABCA 433
Haymour v. The Owners Condominium Plan No 802 2845, 2016 ABCA 367
Haymour v. Condominium Plan No 802 2845, 2016 ABQB 393
Sticks and Stones Communications Inc v. Hole's Greenhouses & Gardens Ltd, 2015 ABQB 774
Tronchin (Re), 2013 ABQB 38
Romspen Investment Corporation v. Hargate Properties Inc., 2012 ABQB 412
Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2011 ABQB 178
Dancole Investments Ltd. v. House of Tools Company, 2011 ABCA 145
Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2010 ABQB 718
Dancole Investments Ltd. v. Bill McCulloch & Associates Inc., 2010 ABQB 223
E. Gruben’s Transport Ltd. v. Alberta Surplus Sales Ltd., 2010 ABQB 244
Laasch v. Turenne, 2009 ABQB 267
Page (Re), 2006 ABQB 430
April 2022 - 3 min read
Priority of Lien Claims in a Post-Redwater World
The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...
March 2022 - 10 min read
In Good Faith: Seven Cases Impacting Your Contracts
In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...
March 2022 - 3 min read
Coming Out of COVID: What Can Businesses Expect From Their Lenders?
It is no secret that many companies in Alberta are in financial distress due to COVID-19. While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreading the "call from the bank." ...
February 4, 2022
Environmental Liabilities in a Post-Redwater World
ARIL Podcast
Now that the dust has settled after Redwater, who ultimately pays for the environmental cleanup in insolvency scenarios? On February 4th at the Annual Review of Insolvency Law Virtual Conference, Logan Maddin is on the panel to discuss whethe...
February 2022 - 13 min read
Quinsam: A Tool for Secured Creditors to Protect Their Security Interest When a Bankrupt Has Regulatory Obligations?
ARIL Society Inc.
Uncertainty still shrouds the intersection between environmental law and insolvency law in Canada. Conflicts within this intersection generally arise when a provincial regulatory action frustrates the equitable distribution of the bankrupt’s esta...
September 14, 2021
Collections & Debt Recovery
Seminars
Alberta Association of Professional Paralegals
July 2020 - 4 min read
8 Tips for When the Bank Calls
It is no secret that, due to COVID-19 and the collapse in oil prices that many companies in Alberta are in financial distress.  While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreadi...
September 2017
A. Danielle Bourgeois honoured by University of Alberta
Field Law lawyer and former Pandas hockey player inducted into the Sports Wall of Fame
A. Danielle Bourgeois, '05 BA, '09 LLB, will be inducted in the University of Alberta Sports Wall of Fame for her leadership in university sport. President David H. Turpin presented Danielle with her award on September 25, 2017 at the Northern Alberta ...

Field Law lawyers have:

  • Advised the committee for investors in a church-related investment going through a complicated restructuring process.
  • Acted for the Receiver in a real estate investment scheme in Fort McMurray, which included obtaining control of the property, the eventual sale of the property and investigation of the activities of the former management.
  • Advised for the Trustee in bankruptcy of several related construction companies through a complicated windup of its affairs, including sale of assets, collection of receivables and distribution of proceeds.  
  • Acted for several secured lenders in enforcing security through Receiverships processes.
  • Acted for debenture holders in the court-supervised restructuring of a large national airline.
  • Represented the debtor in the orderly wind-down of its retail business, and the acquisition of the inventory for a new enterprise, which enabled the guarantor of the company to obtain a release from the bank.
  • Represented purchasers in a commercial condominium development, which included putting the company into receivership, selling the property, and dealing with issues of priority of claims.