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Our team has written on a wide range of topics. Check out some of our articles.


Oct 28, 2019

Rights of First Refusal and Options to Purchase in Insolvency Proceedings – Not Quite Insurmountable by David Sieradzki, Virginie Gauthier and Hugo Margoc

| Journal of the Insolvency Institute of Canada, October 2019

Can assets subject to a right of first refusal ("ROFR") or an option to purchase ("OTP") be conveyed pursuant to a court-approved sale process Read more
Oct 16, 2019

Canadian automotive industry at a glance and considerations for a successful outcome in the case of a distressed parts manufacturer

Eli Brenner and Bobby Kofman

  There are approximately two million vehicles produced annually in Canada by five Original Equipment Manufacturers (“OEM’s”) -... Read more
Oct 8, 2019

Interesting Valuation Cases

Peter Weinstein

  Damages for Misrepresentation We were recently retained to quantify damages in a claim by a municipality against a contractor for, inter alia, ... Read more
Oct 1, 2019

Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act Amendments

Peter Farkas

  On November 1, 2019 certain amendments to the CCAA and BIA, relating to corporations, will come into force. These amendments are pursuant to Bi... Read more
Sep 26, 2019

The Hollander DIP - The Difference Between Shoes and Bedding Products

David Sieradzki

  KSV is presently the Information Officer of Hollander Sleep Products, LLC (“Hollander”), a cross-border insolvency with the main pr... Read more
May 24, 2019

Distressed Trends in Real Estate

Noah Goldstein and Bobby Kofman

  Over the past three years, KSV has been appointed to act on numerous distressed real estate mandates. We have closed dozens of transactions tot... Read more
May 15, 2019

Important Considerations When Issuing Shares of a Private Company To Employees

Eli Brenner

  An effective tool for owners of private companies, to attract and retain talented employees, is to offer them an ownership interest in the comp... Read more
Oct 17, 2018

What is a Syndicated Mortgage and is it a Safe Investment? By Bobby Kofman and Sean Zweig

| The Six-Minute Debtor-Creditor and Insolvency Lawyer 2018

A syndicated mortgage investment (SMI) is an arrangement in which more than one investor (i.e. lender) is involved in a loan or debt obligation secure... Read more
Oct 1, 2018

Application of Equitable Mootness in a Court Ordered Sale in Canada

Noah Goldstein | Commercial Insolvency Reporter

Imagine this scenario. A receiver brings a motion to sell an operating company’s assets. The second-ranking secured creditor objects to the sale. The... Read more
Jun 1, 2018

Advice and Directions - A Court Officer's Role in the Face of Competing Interests

Mitch Vininsky | Commercial Insolvency Reporter

Both model receivership orders and the Bankruptcy and Insolvency Act specifically authorize the court officer to apply for advice and directions to de... Read more
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