Marc practises corporate and commercial law in the areas of corporate restructuring, financial services and private equity. He has been involved in many complex corporate recapitalizations, reorganizations and restructurings and related acquisitions, divestitures, financings and governance matters. He has expertise in national, cross-border and international matters acting for major debtor corporations, bondholders, equity sponsors, senior lenders, monitors and acquirers. Marc also regularly provides strategic advice and risk analysis on the structuring of corporate and lending transactions.
Areas of Expertise
Representative Work
- AuTECO Minerals
AuTECO Minerals in its acquisition of the Green Bay Copper-Gold Project
- Credit Suisse AG
Credit Suisse in its capacity as agent for the first lien lenders to Dominion Diamond Mines ULC
- Pier 1 Imports Inc.
Pier 1 Imports in its Chapter 11 and CCAA Recognition Proceedings
- Just Energy Group Inc.
Just Energy Group Inc. in connection with its $1.1 billion recapitalization transaction
- TPG
TPG in its submission of a stalking horse bid for Cirque du Soleil’s assets in partnership with Fosun, Caisse de dépôt et placement du Québec and Investissement Québec
- Deutsche Bank AG
Algoma Steel Inc. and certain senior secured term lenders in Canada in Algoma’s acquisition of substantially all the assets of Essar Steel Algoma in connection to a restructuring under the CCAA
- Secured Debtholder Committee of Concordia International Corp.
Osler advises the Secured Debtholder Committee of Concordia International Corp. in connection with US$3.7 billion recapitalization transaction
- Ben Moss Jewellers Western Canada Ltd.
Ben Moss Jewellers Western Canada Ltd. in its proceedings under the CCAA
- Tervita Corporation
Tervita Corporation completes $3.5 billion recapitalization transaction under the Canada Business Corporations Act
- Ad Hoc Committee of Second Lien Noteholders
Postmedia completes Recapitalization Transaction under the Canada Business Corporations Act
- Comark Inc.
Comark Inc., one of Canada's leading specialty apparel retailers, in its CCAA proceedings
- Dumas Holdings Inc.
Counsel to Dumas Holdings Inc. in connection with the receivership proceedings of the Tercon Group
- Credit Suisse AG in its capacity as agent for the first lien lenders to Dominion Diamond Mines ULC
- Just Energy Group Inc. in connection with its $1.1 billion recapitalization transaction
- TPG in its submission of a stalking horse bid for Cirque du Soleil’s assets in partnership with Fosun, Caisse de dépôt et placement du Québec and Investissement Québec
- Pier 1 Imports in its Chapter 11 and CCAA Recognition Proceedings
- An Ad Hoc Group of Unsecured Noteholders in the $1.1 billion recapitalization of Jupiter Resources Inc. under the CBCA
- An Ad Hoc Group of Senior Secured Term Lenders and DIP Lenders of Essar Steel Algoma in connection with its CCAA proceedings and the acquisition by Algoma Steel Inc. of its assets
- An Ad Hoc Group of Secured Creditors in Concordia International Corp. US$ 3.7 billion precedent setting recapitalization transaction under the CBCA
- An Ad Hoc Committee of Secured Lenders (B4 Lenders) in the CCAA proceedings of Toys “R” Us (Canada) Ltd
- Sears Canada Inc. in its proceedings under the CCAA
- Payless ShoeSource Canada Inc. in its reorganization proceedings under the CCAA/Chapter 11, named as The M&A Advisor’s Restructuring Deal of the Year over $250 million in 2017
- BCBG Max Azria Canada, Inc. and BCBG Max Azria Global Holdings, LLC in its proceedings under the BIA
- Walter Energy Canada Holdings, Inc. and its Canadian subsidiaries (WECH) in its CCAA proceedings and subsequent litigation of a ‘long-arm’ pension law claim, a precedent setting case in the Supreme Court of British Columbia which was decided in Walter Canada’s favour
- Brookfield Capital Partners Ltd. as the replacement interim financing / debtor-in-possession (DIP) lender to Stelco Inc. (formerly U.S. Steel Canada Inc.) in its CCAA proceedings
- Tervita Corporation in its $3.5 billion Recapitalization Transaction under the CBCA, named as Energy Deal of the Year over $1 billion as part of The M&A Advisor’s 12th Annual Turnaround Awards
- An Ad Hoc Group of Second Lien Noteholders in Postmedia Network Canada Corp.’s $600 million Recapitalization Transaction under the CBCA
- Independent Committee of the Board of Directors of Pacific Exploration & Production Corporation in connection with its $5.3 billion restructuring
- Trident Exploration in its recapitalization under the CBCA
- Cash Store’s Special Committee and subsequently its CRO in connection with its CCAA proceedings and sale to National Money Mart
- TravelBrands in its proceedings under the CCAA, the first travel agency to be restructured successfully under the CCAA
- Comark (operating as Cleo, Ricki’s and Bootlegger) in its proceedings under the CCAA, named Cross Border Restructuring Deal of the Year as part of the 8th Annual International M&A Awards.
- A committee of an Ad Hoc Group of Second Lien Noteholders in Southern Pacific Resource Corp.’s CCAA proceedings
- Bank of America in connection with the CCAA proceedings involving the Canadian subsidiary of Cliffs Natural Resources
- An Ad Hoc Group of Unsecured Bondholders in the out-of-court restructuring of Liberty Tire Recycling
- Telus in its proposed acquisition of Mobilicity through a recapitalization under the CBCA and a plan of arrangement under the CCAA
- Alvarez and Marsal Canada in connection with the CCAA/Chapter 15 proceedings of Arctic Glacier Income Fund and the sale of Arctic’s Canadian and U.S. assets to H.I.G. Capital, named Transaction of the Year by the Turnaround Management Association in 2013
- Angiotech Pharmaceuticals in connection with its capital restructuring through cross-border CCAA and Chapter 15 proceedings and an exchange offer, named Restructuring Deal of the year by IFLR in 2012
- Canwest Global Communications in connection with its operational restructuring, financing and $1.1 billion sale of its newspaper business
- General Motors of Canada in its successful out of court restructuring in Canada
- Mega Brands in connection with their capital recapitalization under the CBCA
- Black Diamond and Credit Suisse in connection with the debtor-in-possession financing and first lien loan position for White Birch Paper Company under cross-border proceedings in CCAA and Chapter 11
- Circuit City’s Canadian subsidiary (InterTan Canada) in connection with its CCAA proceedings and Circuit City’s Chapter 11 proceedings and sale of 720 retail locations
- Brookfield in connection with the credit bid acquisition of Maax Corporation and its subsidiaries through cross-border CCAA and Chapter 15 proceedings
- Blackrock Financial as proposed administrator in the $32 billion CCAA restructuring of the asset backed commercial paper market in Canada
- Brookfield in its equity sponsorship and bridge lending facilities in Stelco’s $3 billion CCAA proceedings
AuTECO Minerals in its acquisition of the Green Bay Copper-Gold Project
Credit Suisse in its capacity as agent for the first lien lenders to Dominion Diamond Mines ULC
Pier 1 Imports in its Chapter 11 and CCAA Recognition Proceedings
Just Energy Group Inc. in connection with its $1.1 billion recapitalization transaction
TPG in its submission of a stalking horse bid for Cirque du Soleil’s assets in partnership with Fosun, Caisse de dépôt et placement du Québec and Investissement Québec
- Deutsche Bank AG
Algoma Steel Inc. and certain senior secured term lenders in Canada in Algoma’s acquisition of substantially all the assets of Essar Steel Algoma in connection to a restructuring under the CCAA
- Secured Debtholder Committee of Concordia International Corp.
Osler advises the Secured Debtholder Committee of Concordia International Corp. in connection with US$3.7 billion recapitalization transaction
- Ben Moss Jewellers Western Canada Ltd.
Ben Moss Jewellers Western Canada Ltd. in its proceedings under the CCAA
- Tervita Corporation
Tervita Corporation completes $3.5 billion recapitalization transaction under the Canada Business Corporations Act
- Ad Hoc Committee of Second Lien Noteholders
Postmedia completes Recapitalization Transaction under the Canada Business Corporations Act
- Comark Inc.
Comark Inc., one of Canada's leading specialty apparel retailers, in its CCAA proceedings
- Dumas Holdings Inc.
Counsel to Dumas Holdings Inc. in connection with the receivership proceedings of the Tercon Group
- Credit Suisse AG in its capacity as agent for the first lien lenders to Dominion Diamond Mines ULC
- Just Energy Group Inc. in connection with its $1.1 billion recapitalization transaction
- TPG in its submission of a stalking horse bid for Cirque du Soleil’s assets in partnership with Fosun, Caisse de dépôt et placement du Québec and Investissement Québec
- Pier 1 Imports in its Chapter 11 and CCAA Recognition Proceedings
- An Ad Hoc Group of Unsecured Noteholders in the $1.1 billion recapitalization of Jupiter Resources Inc. under the CBCA
- An Ad Hoc Group of Senior Secured Term Lenders and DIP Lenders of Essar Steel Algoma in connection with its CCAA proceedings and the acquisition by Algoma Steel Inc. of its assets
- An Ad Hoc Group of Secured Creditors in Concordia International Corp. US$ 3.7 billion precedent setting recapitalization transaction under the CBCA
- An Ad Hoc Committee of Secured Lenders (B4 Lenders) in the CCAA proceedings of Toys “R” Us (Canada) Ltd
- Sears Canada Inc. in its proceedings under the CCAA
- Payless ShoeSource Canada Inc. in its reorganization proceedings under the CCAA/Chapter 11, named as The M&A Advisor’s Restructuring Deal of the Year over $250 million in 2017
- BCBG Max Azria Canada, Inc. and BCBG Max Azria Global Holdings, LLC in its proceedings under the BIA
- Walter Energy Canada Holdings, Inc. and its Canadian subsidiaries (WECH) in its CCAA proceedings and subsequent litigation of a ‘long-arm’ pension law claim, a precedent setting case in the Supreme Court of British Columbia which was decided in Walter Canada’s favour
- Brookfield Capital Partners Ltd. as the replacement interim financing / debtor-in-possession (DIP) lender to Stelco Inc. (formerly U.S. Steel Canada Inc.) in its CCAA proceedings
- Tervita Corporation in its $3.5 billion Recapitalization Transaction under the CBCA, named as Energy Deal of the Year over $1 billion as part of The M&A Advisor’s 12th Annual Turnaround Awards
- An Ad Hoc Group of Second Lien Noteholders in Postmedia Network Canada Corp.’s $600 million Recapitalization Transaction under the CBCA
- Independent Committee of the Board of Directors of Pacific Exploration & Production Corporation in connection with its $5.3 billion restructuring
- Trident Exploration in its recapitalization under the CBCA
- Cash Store’s Special Committee and subsequently its CRO in connection with its CCAA proceedings and sale to National Money Mart
- TravelBrands in its proceedings under the CCAA, the first travel agency to be restructured successfully under the CCAA
- Comark (operating as Cleo, Ricki’s and Bootlegger) in its proceedings under the CCAA, named Cross Border Restructuring Deal of the Year as part of the 8th Annual International M&A Awards.
- A committee of an Ad Hoc Group of Second Lien Noteholders in Southern Pacific Resource Corp.’s CCAA proceedings
- Bank of America in connection with the CCAA proceedings involving the Canadian subsidiary of Cliffs Natural Resources
- An Ad Hoc Group of Unsecured Bondholders in the out-of-court restructuring of Liberty Tire Recycling
- Telus in its proposed acquisition of Mobilicity through a recapitalization under the CBCA and a plan of arrangement under the CCAA
- Alvarez and Marsal Canada in connection with the CCAA/Chapter 15 proceedings of Arctic Glacier Income Fund and the sale of Arctic’s Canadian and U.S. assets to H.I.G. Capital, named Transaction of the Year by the Turnaround Management Association in 2013
- Angiotech Pharmaceuticals in connection with its capital restructuring through cross-border CCAA and Chapter 15 proceedings and an exchange offer, named Restructuring Deal of the year by IFLR in 2012
- Canwest Global Communications in connection with its operational restructuring, financing and $1.1 billion sale of its newspaper business
- General Motors of Canada in its successful out of court restructuring in Canada
- Mega Brands in connection with their capital recapitalization under the CBCA
- Black Diamond and Credit Suisse in connection with the debtor-in-possession financing and first lien loan position for White Birch Paper Company under cross-border proceedings in CCAA and Chapter 11
- Circuit City’s Canadian subsidiary (InterTan Canada) in connection with its CCAA proceedings and Circuit City’s Chapter 11 proceedings and sale of 720 retail locations
- Brookfield in connection with the credit bid acquisition of Maax Corporation and its subsidiaries through cross-border CCAA and Chapter 15 proceedings
- Blackrock Financial as proposed administrator in the $32 billion CCAA restructuring of the asset backed commercial paper market in Canada
- Brookfield in its equity sponsorship and bridge lending facilities in Stelco’s $3 billion CCAA proceedings
Latest Insights
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Osler Update Jan 11, 2023
Reverse vesting orders: Popular in Canada and going international?
Since we last discussed the then-novel restructuring mechanism known as the reverse vesting order (RVO) in 2020...
Read more
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Osler Update Dec 13, 2021
Extraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructurings
Due to a number of factors, including the extent of available capital in the markets and the continued backstop provided by government programs...
Read more -
Osler Update Feb 2, 2021
Sequoia Resources: Environmental obligations and the role of the trustee in bankruptcy
The Alberta Court of Appeal has released its reasons in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., 2021 ABCA 16.
Read more -
Osler Update Dec 8, 2020
Notable developments in insolvency law: Flexible tools for challenging times
Along with a tense election south of the border, 2020 brought COVID-19 and its attendant devastating loss of life and far-ranging economic...
Read more
Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Restructuring/Insolvency (Band 1)
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Chambers Global: The World’s Leading Lawyers for Business: Recognized in Restructuring/Insolvency (Band 1)
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IFLR 1000: The Guide to the World’s Leading Financial Law Firms: Recognized in Restructuring and Insolvency (Market Leader); Canada Lawyer of the Year (Restructuring & Insolvency) 2021
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Who’s Who Legal: Recognized as one of the Most Highly Regarded Individuals in the area of Restructuring & Insolvency law by Who’s Who Legal Canada; Global Leader – Restructuring & Insolvency; Thought Leader – Restructuring & Insolvency
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Expert Guides: Recognized as one of the Top 30 Restructuring and Insolvency Practitioners globally
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Legal 500: Recognized as a Leading Lawyer: Restructuring and Insolvency (Leading Lawyer)
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The Canadian Legal Lexpert Directory: Recognized in Insolvency & Financial Restructuring (Most Frequently Recommended); Ontario insolvency & financial restructuring lawyers
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The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in Insolvency & Financial Restructuring
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Thomson Reuters: “Stand-out Lawyer”
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Lawdragon: Recognized in the 2020 Lawdragon 500 Leading Global Bankruptcy & Restructuring Lawyers
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Best Lawyers in Canada: Recognized in Insolvency and Financial Restructuring Law; “Lawyer of the Year”, Insolvency and Financial Restructuring Law
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Lexpert Rising Star: Recognized as a “Rising Star – Leading Lawyer Under 40”
Media Mentions
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Osler News Feb 16, 2024
Osler recognized as a leading firm in Chambers Global 2024 Guide
Osler recognized as a leading firm in Chambers Global 2024 Guide
Read more -
Osler News Jan 9, 2024
34 Osler lawyers recognized in 2024 Lexpert/American Lawyer Guide to Leading 500 Lawyers in Canada
Osler is pleased to announce that 34 of our lawyers have been recognized in the 2024 edition of the Lexpert/American Lawyer Guide to the Leading 500...
Read more -
Osler News Nov 15, 2023
Osler named Canada’s Best Law Firm for Restructuring and Insolvency by The Globe and Mail
Osler named Canada’s Best Law Firm for Restructuring and Insolvency by The Globe and Mail.
Read more -
Osler News Aug 24, 2023
178 Osler lawyers recognized in Best Lawyers in Canada 2024
Osler is proud to announce that 178 of our lawyers have been recognized in the 2024 edition of Best Lawyers in Canada, with 13 named “Lawyer of the...
Read more
Speaking and Writing
Published Work
- Corporate recapitalizations as an alternative to insolvency proceedings, Osler Legal Year in Review 2016.
- Financing Considerations While Under Near-Term Financial Stress, The TSX Financial Hardship Exemption, the MI 61-101 Exemptions and the OSC’s Prospectus Requirements, (2014) Annual Review of Insolvency Law, Carswell 203.
- Credit Bidding in Canadian Insolvency Proceedings – A Useful Tool for Secured Creditors requiring Checks and Balances (September 2014) 21, Journal of the Insolvency Institute of Canada Volume 3
- Chapter 15 Helps Canadian Companies Push the Envelope in Cross Border Restructurings, Journal of Corporate Renewal (Vol. 27, No. 4, May 2014).
- Ontario Court of Appeal Grants Retirees Priority over Secured Creditors, (June 2011) 23 Comm. Insol. R.
- Protecting Canadian Creditors: The Evolving Role of the Monitor in Cross-Border Proceedings, (2010) 26 BFLR 167.
- Guaranteeing a Going Concern Outcome: The CCAA Proceeding of the Canwest Publishing Entities, (August 2010) 22 Comm. Insol. R. 6.
- Successor Employer, Protection of Insolvency Practitioners and Pension Plan Issues in Insolvency Proceedings: 2007 Year in Review, National Debtor Review (Volume 23, No. 1, March 2008).
- Demand Obligations and Limitation Periods: Hare v. Hare (May 2007) 22:3, Insolvency News 1.
- In Ontario, Collecting on a Demand Loan has a 2-Year Expiry from Date of Advance, Viewpoint Column, Dow Jones Daily Bankruptcy Review Small Cap (May 2, 2007).
Credentials
Education
- Osgoode Hall Law School, LL.B.
- York University, B.A.
Languages
- English
Professional Affiliations
- Insolvency Institute of Canada
- Ontario Bar Association
- Turnaround Management Association
- American Bankruptcy Institute
- INSOL International
