Firm / Organisation

Thornton Grout Finnigan LLP

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This content is provided by Thornton Grout Finnigan LLP.

Number of partners: 9 (plus 2 counsel)
Number of lawyers: 18

Firm Overview:
Thornton Grout Finnigan LLP ('TGF') practises exclusively in commercial litigation and insolvency and restructuring. Representative mandates reflect the breadth and depth of the team, and the creativity involved in resolving some of the most complex legal issues in Canada. TGF is a mix of senior restructuring and litigation lawyers with a full range of experience, combined with talented and energetic younger lawyers who thrive in the entrepreneurial environment of a highly focused firm. The recent addition of retired Justice Frank Newbould, QC as Counsel to the firm has solidified TGF’s reputation as a litigation and restructuring powerhouse. While judicial team leader on the 'Commercial List' in Toronto, Justice Frank Newbould QC, presided over some of the most complex restructuring and litigation proceedings in Canada.

Main Areas of Practice:

Restructuring & Insolvency:
5 partners; 11 lawyers
■ Counsel to the monitor in the ongoing restructuring of the Carillion Group in Canada
■ Counsel to BDC Capital Inc. in the Quebec CCAA restructuring of sustainable chemicals company BioAmber Inc., the largest global producer of bio-based succinic acid
■ Counsel to the court-appointed monitor of Performance Sports Group Ltd. and 17 of its indirect and wholly owned subsidiaries, the sports and apparel company that formerly owned the Bauer and Easton brand
■ Counsel to the court-appointed monitor in a CCAA and Chapter 11 proceeding involving Pacific Exploration and Production Corporation, the largest privately-owned oil and gas producer in Latin America
■ Counsel to Whirlpool Canada, one of the largest suppliers to Sears Canada, during its liquidating CCAA proceeding
■ Canadian counsel to SquareTwo Financial Corporation and 17 of its direct and indirect subsidiaries in the US and Canada in completing a pre-packaged joint plan of arrangement to implement a cross-border share and asset sale
■ Counsel to United States Steel Corporation as the parent and largest secured creditor of US Steel Canada Inc. during its CCAA proceedings
■ Restructuring counsel to RCR International Inc. and W.J. Dennis & Company in their CCAA proceeding
■ As Canadian counsel to the UK Pension Claimants in the global insolvency proceedings of Nortel Networks, TGF played a leading role in the first joint trial between the Canadian and US Court resulting in the historic multi-jurisdictional 'pro rata allocation' of US$7.3 billion in sale proceeds among 40 insolvency estates in 19 countries and obtained a CDN$600 million judgment following disallowance by the court-appointed monitor
■ Settled 'the longest running legal saga in Canadian history' by a creative application of the CCAA to resolve an acrimonious and multi-faceted auditor’s negligence case spanning more than 22 years and involving more than 500 affected individuals, partnerships and corporations
■ Counsel to a landlord of various properties in several retail insolvency proceedings
■ Counsel to Endurance Energy Ltd. in connection with its proceedings under the CCAA, an Alberta-based oil and gas production company
■ Counsel to Ernst & Young Inc., courtappointed monitor of Mobilicity
■ Counsel to Ernst & Young Inc., courtappointed monitor in the restructuring of the Canadian Abitibi-Bowater entities, one of the world’s largest publicly traded pulp and paper manufacturers
■ Restructuring counsel to Hollinger Inc. in the windup and resolution of Hollinger
■ Counsel to the Insolvency Institute of Canada as intervenor in an appeal to the Supreme Court of Canada in Indalex, following a Court of Appeal decision that significantly changed the pension and restructuring landscape in Canada
Key Clients: Private and public companies, banks and other lenders, accounting and advisory firms, directors and officers, turnaround professionals in other jurisdictions
Restructuring Contact: D J Miller
Tel: +1 416 304 0559
Email: [email protected]

Litigation:
4 partners; 8 lawyers
■ Court-appointed Representative Counsel for 630,000 non-mutual policyholders in the $2 billion demutualisation of Economical Mutual Insurance Company. This cutting edge mandate is the first ever demutualisation of a property and casualty insurer in Canada
■ Counsel for Coopers & Lybrand in connection with auditor’s negligence claims stemming from the collapse of Castor Holdings Ltd. that were later being addressed in a proceeding under the CCAA
■ Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial in pursuing nine figure damage claims against Cash Store’s professional advisors
■ Counsel to a syndicate of European lenders in connection with a $75M breach of contract claim against a major North American air carrier
■ Counsel to a committee of contesting bondholders in the proposed privatisation of BCE Inc., involving the world’s largest leveraged buy-out with an enterprise value of $52 billion, including arguing the case at the Supreme Court of Canada. This remarkable case drew international attention as it sped through three levels of court in less than nine months
■ Represented the former principal of Lakeport Brewing Corp. in the successful defence of a $50 million officer and director liability case
■ Lead litigation counsel to the courtappointed chief restructuring officer and litigation trustee of Hollinger Inc., in pursuing extensive litigation claims in the estate
■ Counsel to the court-appointed Receiver, RSM Richter Inc., in the Norshield hedge fund scandal involving the tracing and attempted recovery of over $400 million in investor funds in several jurisdictions
Key Clients: Private and publicly traded companies, directors and officers, turnaround professionals, national and international law firms and advisory firms, Canadian and international lenders
Litigation Contact: Deborah E Palter
Tel: +1 416 304 0148
Email: [email protected]