Special Situations

Some mandates don't fit neatly into buckets. They involve high friction between stakeholders and require the same independent rigour exercised by LITs everyday. We advise lenders, purchasers, shareholders, and other parties on complex situations that are insolvency adjacent or require an independent custodian of assets.

Distressed M&A and Insolvency Sale Processes

Acquiring or selling a business in financial difficulty involves risks and considerations that differ from conventional M&A. We advise buyers and sellers on transactions conducted both outside of Court and within CCAA, receivership, bankruptcy, and proposal proceedings — including due diligence in compressed timelines, vesting order mechanics, and priority of claims.

Credit-Bid and Stalking-Horse Transactions

Credit bids and stalking-horse arrangements are common tools in insolvency sale processes. We advise lenders considering credit bids on their security, and work with prospective purchasers acting as stalking-horse bidders. We also design and administer pre-packaged insolvency processes in our capacity as Court-appointed officer.

Independent Assessments and Opinions

Lenders, businesses, and owners sometimes need an independent view of a distressed financial position before deciding whether to extend, restructure, liquidate, or settle. We provide independent assessments, viability opinions, and monitoring reports that support informed decision-making.

Shareholder and Partnership Disputes

When a business in financial difficulty is also the subject of a shareholder or partnership dispute, the insolvency layer adds complexity. We provide independent analysis, act as Court-appointed inspector, or advise parties on the intersection of corporate governance disputes and insolvency proceedings.