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About

Restructuring & Insolvency Lawyer.
Helping clients with all aspects of the credit cycle.

Year of Call.

Alberta

1990

Bio

Dave is a  founding partner of Blue Rock Law LLP and its first managing partner.  He is a restructuring and insolvency lawyer who is equally at home in the boardroom and the courtroom.  He regularly advises on all aspects of the credit cycle, from assisting clients with their own credit programs, to protecting clients in their credit facilities, to assisting with other insolvency matters such as supply chain management and distress acquisitions.

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Dave has also had extensive involvement with financial/derivative contracts, including in the development of their structure and in insolvency proceedings like NESI, Enron, Blue Range Resources, Air Canada, and acting for ISDA before the Ontario Court of Appeal in Androscoggin.

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Dave also served as counsel to Commissioner J. Stephens Allan in the Alberta Public Inquiry into anti-Alberta Energy Campaigns.

 

Dave was born in Calgary. Having survived a misspent youth, he currently spends his “down-time” studying history, playing tennis, and bouncing between farming interests in Saskatchewan, following The Who, and exploring lost communities of the Central Kootenays.

Career Highlights

Appointed King’s Counsel, 2020

Lead Counsel, Alberta Public Inquiry into Foreign Funding of anti-Alberta Energy Campaigns, 2019-2021

Bar/Bench Template Order Committee, 2004 to present

Law Reform: Submissions in respect of the Civil Enforcement Act (Alberta) and RRSP Exemptions (Canada)

Intervention on behalf of ISDA in Ontario Court of Appeal re: Androscoggin, 2005

University of Alberta, 1989 LLB, Dean’s List

Education

University of Alberta, 1989

Community

Director, Insolvency Institute of Canada, 2014-2020

Associate Trustee, Calgary Zoological Society, 1997

Past President, Calgary Bar Association, Insolvency Subsection

Member, Calgary Winter Club, 1994 - Present

Edgemont Athletic Club, 2018 - Present

Recognition

First recognized in 2005, Dave has been commended for his extensive knowledge and experience in a variety of respected publications, including:

Chambers Global: Restructuring/Insolvency - Canada

Chambers Canada: Restructuring/Insolvency

The Legal 500 Canada: Restructuring and Insolvency

The Best Lawyers in Canada: Insolvency and Financial Restructuring Law

The Canadian Legal Lexpert Directory: Insolvency & Financial Restructuring

Lexpert Special Edition – Canada’s Leading Lawyers: Litigation

The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada: Insolvency and Financial Restructuring

Thomson Reuters Stand-out Lawyer: Independently rated lawyer (formerly Acritas)

Benchmark Litigation: Canada – Litigation Star: Insolvency

IFLR 1000: The Guide to the World’s Leading Financial Law Firms: Restructuring and Insolvency

Who’s Who Legal: Restructuring & Insolvency

Who’s Who Legal Canada: Restructuring and Insolvency

Who’s Who Legal Thought Leader: Restructuring & Insolvency

Martindale-Hubbell: BV Distinguished Peer Review Rating

Representative Work

Dave has represented a broad variety of constituents who find themselves involved in insolvent circumstances.  This has included advice to the following stakeholders:

Agriculture

  • The lead lender to a grain brokerage, involving the liquidation of its commodity book

  • A producer in connection with its multi-jurisdictional liquidation

Class Actions

  • A lending syndicate in a plan pursuant to the provisions of the Companies’ Creditors Arrangement Act to participate in the settlement of a major class-action lawsuit

  • A major counterparty in the use of the Companies’ Creditors Arrangement Act to participate and settle claims in a multi-jurisdictional class action lawsuit

Energy

  • An oil and gas producer in connection with cross-border proceedings under the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code that recapitalized the debtor’s capitalization

  • An oil and gas producer in connection with the sale of its properties, and associated reclamation obligations, under the provisions of the Companies’ Creditors Arrangement Act

  • The purchaser in a competitive bid process conducted under the Companies’ Creditors Arrangement Act

  • The stalking-horse bidder in the successful purchase of substantially all of the property of a multi-jurisdictional oil and gas service company pursuant to the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

  • The stalking horse-bidder in the successful purchase of substantially all of the debtor’s oil sands leases in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code.  The engagement included the successful conclusion of a complicated, multi-jurisdictional claims process

  • The Receiver in connection with the liquidation of a multi-faceted oil & gas producer in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

  • The Receiver in connection with the liquidation of a multi-faceted oilfield services operation in cross-border proceedings utilizing the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code

  • A Monitor in the cross-border restructuring of an oil & gas producer pursuant to the provisions of the Companies’ Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code. The engagement included the creation and litigated defence of the validity and priority of court-ordered charges

  • A lender in the course of advancing a Debtor-in-Possession facility to a borrower seeking protection under the Companies’ Creditors Arrangement Act and then assisting in the full recovery of both the DIP facility and the original loan

Food & Beverage

  • A Receiver in the liquidation of a brewery

  • A Receiver in the liquidation of multiple retail grocery operations

  • A restaurateur in the successful reorganization of its restaurant pursuant to the provisions of the Bankruptcy and Insolvency Act.

Finance

  • The Trustee in connection with the liquidation of a failed financial institution in proceedings under the Bankruptcy and Insolvency Act

  • A counterparty in the liquidation of a crypto-currency exchange

  • Various industry counterparties in the liquidation of commodity exchanges

  • A leading industry association in the swaps and derivative community in advancing intervenor status re: the liquidation of eligible financial contracts (EFCs) pursuant to the provisions of the Companies’ Creditors Arrangement Act

  • An international credit-provider in connection with its out-of-court liquidation of its international portfolio

Hospitality

  • A receiver in the liquidation of a series of hotels and related businesses

  • A lender in connection with the restructuring of a luxury resort hotel and spa

Manufacturing

  • The Monitor in the cross-border reorganization of an infrastructure supplier.  The cross-border restructuring involved coordinating proceedings in Europe, the U.S., and Canada

  • The Receiver in the liquidation of a bottle manufacturing business

  • The Trustee of a furniture manufacturer advancing a successful reorganization under the provisions of the Bankruptcy and Insolvency Act

Mining

  • A syndicate of foreign lenders instigating proceedings under the provisions of the Companies’ Creditors Arrangement Act

  • A foreign purchaser of three surface coal mines pursuant to the provisions of the Companies’ Creditors Arrangement Act. The transaction won the Restructuring Deal of the Year (US$100 million to US$250 million) at the 2017 M&A Advisor Awards 

  • A lender in connection with the liquidation of a gravel site and its associated environmental issues.

Health and Wellness

  • A Receiver in connection with the ongoing management, and ultimate sale, of a senior care facility

  • A Liquidator winding-up a senior care facility pursuant to the provisions of the Companies Act allowing for the conversion of a series of life tenancy arrangements for the continued benefit of the residents

  • A Receiver in connection with the stabilization and ultimate sale of a community recreational centre

Real Estate

  • A multi-family real estate developer in connection with its reorganization pursuant to the provisions of the Companies’ Creditors Arrangement Act

  • A real estate development firm in connection with its reorganization pursuant to the provisions of the Companies’ Creditors Arrangement Act

  • A single project condominium development project pursuant to the provisions of the Companies’ Creditors Arrangement Act

  • The Receiver of approximately 60 commercial properties throughout Canada

  • A lender in connection with the foreclosure of a commercial property

Retail

  • A Canada-wide retailer in the liquidation of its holdings pursuant to the provisions of the Companies’ Creditors Arrangement Act

  • A national landlord in connection with multiple leases it had extended to a national retail chain pursuant to the provisions of the Companies’ Creditors Arrangement Act

Technology

  • A lender in connection with the liquidation of an international gaming website

  • A receiver in the liquidation of an R&D facility focused on the development of biofuels

Transportation

  • An international trucking company in connection with its reorganization pursuant to the provisions of the Bankruptcy and Insolvency Act

  • Lessors in connection with leases they had extended in favour of a national airline in connection with its proceedings pursuant to the provisions of the Companies’ Creditors Arrangement Act

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