Practice

D.J. is a partner in the restructuring and litigation firm Thornton Grout Finnigan LLP and has represented a wide variety of stakeholders in complex restructurings and insolvency litigation for more than 25 years. She is known for having a deep understanding of the insolvency framework, both domestic and international, and for applying strategic skills to achieve creative outcomes for clients. Representative mandates include representing the first public university in Canada to be restructured pursuant to insolvency legislation. She was also Canadian insolvency counsel to the UK Pension Claimants in the Nortel Networks case, in obtaining a pro rata allocation of US$7.3 billion of sale proceeds among more than 40 insolvency estates in Canada, the US and Europe following the first joint trial involving the Canadian and US Courts. D.J. also obtained the first pre-filing stay of proceedings under Canada’s main insolvency statute, in the Square Two cross-border proceeding. She has extensive experience on the “deal” side of restructurings as well as insolvency litigation and has appeared before every level of court in Canada.

Career

D.J. has been a guest lecturer at four Canadian law schools and is a regular speaker at conferences and the author of numerous articles and publications. She has been recognized as Insolvency Litigator of the Year in 2023 and previously by Benchmark Canada Litigation, is the recipient of the IWIRC Global Woman of the Year in Restructuring Award (2023), the Lexpert Zenith award (2017), the TMA Women of Excellence Exemplar award (2017) and has again been named in the Top 100 Women Litigators in Canada (2023 and prior) in addition to being ranked in Best Lawyers and Who’s Who Legal.

Representative Work

Counsel to the first public university in Canada to be restructured pursuant to insolvency legislation.
Canadian counsel to the Diebold-Nixdorf Chapter 11 debtors in their Canadian recognition proceeding involving a prepackaged restructuring plan in respect of US$1.8 billion of secured debt.
Counsel to HSBC Bank Canada and the court-appointed Receiver in the multi-jurisdictional (Canada / US / Malaysia) receivership proceedings of the Comsale Group of Companies.
Counsel to Ernst & Young Inc. as court-appointed Monitor of Peraso Technologies Inc. in its CCAA restructuring and Chapter 15 proceeding.
Canadian counsel for SquareTwo Financial Corporation and its Canadian and US subsidiaries in Chapter 11 and CCAA recognition proceedings, with respect to a US$400 million prepackaged restructuring plan.
Canadian counsel for Charming Charlie Holdings Inc. and its affiliates in Chapter 11 and Canadian recognition proceedings.
Counsel to Durham College of Applied Arts & Technology in obtaining an Order for a court-appointed Receiver over the joint student association for the college and a university representing more than 20,000 students.
Counsel to Oxford Properties Group Inc. as landlord of several properties in the CCAA proceedings involving Target Canada Corporation, and in completing a pre-emptive transaction removing its properties from the court-approved sales process.
Canadian insolvency counsel for the largest single creditor in the worldwide Nortel Networks proceedings, in successfully obtaining a decision of the Canadian and U.S. Courts allocating $7.3 billion of sale proceeds on a pro rata basis among more than 40 worldwide insolvency estates in 19 countries.
Obtained a $600 million judgment from the Canadian Court in the Nortel proceedings, following a disallowance of the claim in its entirety by the Monitor.
Participated in the first joint trial involving the Canadian and U.S. Courts in a cross-border proceeding.
Counsel for a secured creditor in successfully obtaining a precedent-setting Order replacing a court-appointed Monitor in a CCAA proceeding.
Counsel to Fraser Papers Inc. and its Canadian and U.S. affiliates in a restructuring under the CCAA and Chapter 15 of the U.S. Bankruptcy Code, obtaining amendments to provincial pension legislation to facilitate a Plan of Arrangement.
Counsel to the Insolvency Institute of Canada, which was granted intervener status and participated on an appeal to the Supreme Court of Canada in the precedent- setting Indalex case.
Canadian counsel to California class action claimants in the Muscletech CCAA and Chapter 15 restructuring.
Counsel to the operating lender, DIP Lender and largest creditor in the restructuring of one of the largest pork producers in Ontario.
Independent Counsel to the Monitor and court-appointed Receiver in Livent lnc.’s CCAA proceeding and joint Chapter 11 proceeding.

Professional Involvement

Insolvency Institute of Canada, International Insolvency Institute (VP and Member of the Executive Committee), Former Executive Board Member of TMA Global, Past President of the Board of Directors of Turnaround Management Association (Toronto) and a member of the American Bankruptcy Institute, The Advocates Society, IWIRC and INSOL International.