Bryan C. Gibbons*

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* Law Corporation

In his over 30 years of practice, Bryan has represented major stakeholders in insolvency and restructuring proceedings (including cross border) in a wide variety of industries. Clients have ranged from Canadian banks such as Bank of Montreal and HSBC Bank Canada (now merged with Royal Bank of Canada) to private lenders and mortgage investment funds.

In addition to representing private and institutional lenders, including lender syndicates, in a wide range of insolvency matters including realization and receiverships, Bryan has extensive experience representing such clients in creditor protection and reorganization proceedings pursuant to the Companies’ Creditors Arrangement Act and the Bankruptcy and Insolvency Act. Bryan also acts for several accounting firms in their capacities as CCAA monitors, receivers, liquidators and bankruptcy trustees. Bryan’s experience in insolvency proceedings is expansive and has included mining, forestry, trucking and tech companies, real estate developers, hotels, wineries and manufacturers. Bryan is also active in firm’s Strata Property Wind-up Group.

Bryan currently leads the firm’s Insolvency and Restructuring Group and is a past Chair of the Canadian Bar Association (B.C. Branch) Insolvency subsection and is a periodic faculty member and contributor for continuing Legal Education (Law Society of B.C.)

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Acted for PricewaterhouseCoopers Inc. (“PwC”) as the court appointed receiver of Minto Metals Corp., the operator of a copper, zinc and silver mine in the Yukon on Selkirk First Nation lands, after a failed CCAA. Bryan advised PwC with respect to the sales process of the mine, along with numerous issues involving environmental concerns and reclamation obligations, First Nation negotiations, structurally complex sales transactions and priority disputes amongst numerous secured creditors and lien claimants.
Acted for the shareholders / secured lenders in a receivership petition of Skeena Sawmills Ltd. and Skeena Bioenergy Ltd., which owned certain forest tenures and land upon which Skeena operated a large sawmill and bio-energy plant in northwestern British Columbia. Owed approximately $150 million, we successfully negotiated a novel and complex transaction leading to the Receiver making application to approve a payment and retention agreement whereby the shareholders of Skeena would retain their shares and pay priority creditors with the balance of the purchase price being by way of credit bid of the lenders secured advances.
Acted for Institutional Mortgage Capital Canada Inc. (“IMC”) a secured lender in CCAA and receivership proceedings in relation to a real estate investment fund. Also acted for IMC as construction lender of a large insolvent and stalled commercial strata project in Vancouver and stalled development project in Surrey B.C.
Acted for GC Capital Inc. and Kismet Capital Ltd., as senior secured lenders, in relation to financing of the Westfield Business Centre, a stalled and insolvent real estate development project of an entire city block in the Surrey B.C. business district. We initiated and guided our clients through complex realization proceedings, including at the Court of Appeal, involving approximately 30 parties.
Acted for Alvarez & Marsal Canada Inc. as CCAA monitor and later as receiver of Bifano Consolidated Ltd. et al., five privately held companies that operated a large dairy farm business and trucking operations in the Okanagan region of British Columbia. We negotiated a novel and complex sale transaction to address restictive B.C. Milk Marketing Board regulations in relation to the transfer of milk quota which was ultimately court approved.
Acted for Catalyst in the CCAA proceedings of the Teal Jones Group of companies, the largest privately-held forest products company operating in Western Canada.
Acted for Create Urban Development Corp. and Create Burnaby Investment Ltd., one of two limited partners in which owns an approximately 20-acre industrial property adjacent to Sperling-Burnaby Lake Skytrain station in Burnaby, British Columbia, in a creditor-driven CCAA proceedings in relation to a $210 million loan facility owed to a banking syndicate led by RBC.
Acted for Deloitte Restructuring Inc. as receiver over the lands and premises located in Vancouver Cambie corridor owned by Coromandel Cambie 59 Developments BT Ltd., Coromandel Cambie 59 Developments Ltd. and Coromandel Cambie 59 Limited Partnership in order to complete a reverse vesting order sale transaciton.
Acted for Westmount West Servies Ltd. as agent for Aviva Insurance Company of Canada, secured creditor in relation to a Deposit Protection Insurance Facility, in relation to a stalled and insolvent 34 storey condo development in Burnaby, BC, which was petitioned by the construction lender into CCAA.
Acted for B.C. Hydro in the cross border Receivership of Rokstad Power et al, a group of privately held corporations that provide power line construction and maintenance services in Canada and the U.S.
Acted for the developer of a large real estate development project in North Vancouver, B.C. in realization proceedings initiated by the first mortgage lender. We represented the client throughout the proceedings and provided ongoing advice for the continuation of the development and ultimately in relation to the appointment of a Receiver to pursue a sale by way of reverse Vesting Order transaction.
Acting for major Canadian bank with respect to the completion and sale of an insolvent multi-unit development project
Acting for court appointed receiver manager of a large vehicle leasing company involving the tracing of missing vehicles and proceeds comingled by various corporate entities
Acting for major Canadian bank in a receivership and securing the dismissal of allegations by the trustee in bankruptcy that the Bank participated in a conspiracy to defeat unsecured creditors
Acting for major Canadian bank with respect to a bank employee fraud and the execution of Anton pillar orders and a mareva injunction
Acting for receiver manager of a company involving a multi-million dollar fraud by the principal
Acting for lender in CCAA and receivership of a large Alberta-based real estate developer
Acting for successful purchaser of a mixed use apartment/office/retail tower in B.C Supreme Court realization proceedings involving multiple rounds of competitive bids with sale confirmed by B.C Court of Appeal
Acting for major Canadian bank in B.C Supreme Court receivership proceedings of an Okanagan Winery with an opposed stalking horse bid sales process and ultimate favorable result in B.C Court of Appeal
Acting as western counsel for a national accounting firm as trustee in bankruptcy over an abandoned mine in Northern Canada involving one of the most expensive environmental remediation projects in Canadian history
Acting for construction lender of a commercial strata development in Vancouver with significant construction delays, cost overruns and general contractor disputes. Successful in obtaining court orders placing the development project into receivership with disclaimer of pre-sale contracts and a stalking horse bid sales process
Acting for a national accounting firm to run a sales process of a stratified mountain resort complex with the backdrop of hotel strata owners involved in dispute with the minority commercial strata owners owing capital expenditures for hotel complex upgrades
Acting for developer of a failed real estate development on Vancouver Island and navigating the client through realization proceedings to successful conclusion
Acting for major Canadian bank respecting a high performance athletic development centre and ensuing negotiations to sell facility to the local municipality
Acting for major Canadian bank involving letter of credit facilities in favour of foreign banks which in turn had outstanding credit arrangements with the Canadian borrower’s foreign subsidiaries. Matter involving complex negotiations and security restructuring involving the foreign subsidiaries
Acting for private lender against a real estate developer in realization proceedings. After lengthy negotiations, lender acquiring the shares of the restructured borrower to capture tax losses and then partnering with another developer of an adjacent site for joint venture development