Lou Brzezinski. Partner EDUCATION PRACTICE AREAS CALLED TO THE BAR OF ONTARIO, 1980

Transcription

1 Lou Brzezinski Partner P: F: CALLED TO THE BAR OF ONTARIO, 1980 EDUCATION B.C.L.,McGill University, 1978 LL.B.,(Honours),McGill University, 1977 B.A.,(Honours),McGill University, 1974 PRACTICE AREAS Business Reorganization & Insolvency Commercial Litigation Fraud Investigation Recovery and Enforcement Construction Law Cannabis Lou Brzezinski is a partner of the firm s Commercial Litigation Group and practices in all areas of business reorganization, insolvency, liquidation and bankruptcy. He has consistently argued complex cases before all levels of courts and tribunals, including the Supreme Court of Canada, Court of Appeal for Ontario, Federal Court of Appeal, and Divisional Court. Variety in representation, Lou has acted for creditors, debtors, court-appointed monitors and trustees in bankruptcy. Lou has acted for a number of high profile insolvencies in Canada, including Sears Canada, Target Canada, Coopers & Lybrand, Crystallex, US Steel Canada Inc. and Essar Steel Algoma Inc. Commercial litigation high profile clients include Greenwin Property Management Limited and Burger King Canada in critical business issues. Also noteworthy is Lou s extensive experience in the investigation of fraud on behalf of major financial institutions and with Canada s largest security and investigation. As Chair of the firm s Fraud, Investigation, Recovery and Enforcement (FIRE) group, Lou Brzezinski often times employs Mareva injunctions and Anton Piller orders. Much of this expertise has been derived from dealing with bank fraud including significant cheque kiting cases, Ponzi schemes and breaches of internet protocol and security. Notably, his broad-based experience has extended itself to many varied

2 clients such as international manufacturers and suppliers, residential and corporate managers of brokers (real estate) and defence contractors. He has acted as legal counsel in many alternative dispute processes, including mediation. Lou is a certified arbitrator. Lou has previously taught seminars on legal aspects of fraud investigation in Canada, detecting and dealing with cheque kiting, remedies for victims of fraud, cross-border insolvencies, Privacy Legislation, Sarbanes Oxley Compliance and Internet Security. He has spoken on internet issues at the University of Toronto and has chaired a series of seminars on Internet Law for the graduate law program at Osgoode Hall, Toronto. Lou has contributed to Credit Manager's Guides on Bankruptcy and Insolvency in Canada; Privacy Legislation; Cross-Border Insolvency; Reading and Understanding Contracts; and the Construction Lien Act. Lou applies an investigative approach, blending legal, innovative, and creative thinking that leads to an implementative strategy for a successful outcome. Lou Brzezinski is known and appreciated for his style in the courtroom and with clients as being open, approachable, with logical and reasonable positions. At times, he will add a touch of humour. EXPERIENCE U.S. Steel Canada for pension beneficiaries in the CCAA. Lou introduced equitable subordination and was fully addressed by the Court of Appeal for Ontario, with leave to appeal to the Supreme Court of Canada granted. Essar Algoma Inc. With CCAA, argued the rights of the union in respect of a number of different matters, including the right of the union to proceed with grievances under the CCAA at the Court of Appeal level and helped clarify the scope of the stay and the rights of the unions to grieve in those circumstances and in this way clarified the intersection between the Provincial Labour Relations statute. Target Canada Insolvency played a vital role in the Target Canada Insolvency and CCAA proceedings. Lou has been given an unprecedented court-approved mandate to investigate Target s decision--making process leading up to its insolvency announcement. His proposed use of equitable subordination to prevent the suppliers clams from being swamped by the claims advanced by Target s own subsidiaries represents an innovative approach to insolvency cases. In essence, the threat of using equitable subordination proved to be a successful outcome. Lou s efforts establish safeguards for creditors and other stakeholders in a CCAA liquidation scenario, and this 2

3 case will have a significant impact on how large foreign corporations will wind up their affairs in Canada. Lou s unique strategy of engaging with Target s suppliers by providing timely and reliable information with digital engagement through a dedicated website, blog called Blaneys on Target together with social media, podcasts has allowed him to earn stakeholder trust. As a result of his role on the Consultative Committee, unsecured creditors received an unprecedented distribution of close to 80 cents on the dollar. Financial Advisors Association of Canada before the Supreme Court of Canada in Patricia MacLean v. Executive Director of the British Columbia Securities Commission and Financial Advisors Association of Canada and Ontario Securities Commissions (2013) 3 SCR 895. This decision was cited by Lexology as one of the 10 most important appeal decisions in Greenwin Properties Ltd. in respect of fire damage that occurred on one of their properties and involved a class action. There is presently pending a major dispute between Toronto Community Housing Corporation and Lou s client, Greenwin Property Management Inc. Other Cases: Lou has acted for secured creditors in respect of the appointment of a Receiver over a number of nursing homes. He has represented GE Canada Ltd. and has acted for the Receiver on behalf of Fuller Landau and MNP LLP and the Trustee in Bankruptcy, Liquidator and Receiver, Albert Gelman Inc. MEMBERSHIPS Law Society of Ontario American Bar Association Ontario Bar Association The Advocates Society The Canadian Association of Defence and Security Industries (CADSI) Associate Member, Certified Fraud Examiners Counsel to the Equifax Food Credit Group, Equifax Pharmaceutical Credit Group, Raw Chemical Credit Group, Credit Executive Association RELATED SPEAKING ENGAGEMENTS March 07, 2018 Speaker, Retail Insolvency in Canada May 08, 2015 Speaker, National Credit and Financial Executives Forum April 21, 2015 Speaker, International Food Manufacturers Credit Group SemiAnnual Meeting May 02,

4 Speaker, ACFI 16th Annual Fraud Conference RELATED PUBLICATIONS January 10, 2019 Author, Roadmap to Cannabis Retail: The Three Canadian Models June 09, 2015 At Day's End, Nortel Bankruptcy Judges Land on What is Fair and Reasonable June 01, 2015 Target Stores Insolvency Biggest in Canadian Retail History: Creditors Working Together to Win Equitable Settlement IN THE MEDIA January 09, 2019 Lou Brzezinski speaks to Canadian Lawyer about the lottery for retail cannabis in Ontario December 04, 2018 Lou Brzezinski comments on Sears Canada $48-million settlement to The Globe and Mail November 30, 2018 Lou Brzezinski comments on Sears Canada lawsuits to The Globe and Mail May 14, 2018 Lou Brzezinski comments on latest in Sears Canada CCAA to Benefits Canada March 19, 2018 Lou Brzezinski weighs in on reports of "multiple" Toys 'R' Us Canada offers to the Financial Post March 16, 2018 Toy story drama hits Toys R' Us Canada: Lou Brzezinski comments to Business in Vancouver March 12, 2018 Lou Brzezinski talks about the future of Toys 'R' Us with the Financial Post February 12, 2018 Sears Canada creditors take on Eddie Lampert over dividend payouts: Lou Brzezinski on BNN February 12, 2018 Sears Canada creditors zero in on Lampert payments January 24, 2018 Lou Brzezinski weighs in on American Toys 'R' Us store closings to Toronto Star January 16, 2018 'Court monitor to review Sears Canada payout of dividends while company was in the red': Lou Brzezinski comments to the Toronto Star January 16, 2018 Sears paid $53-million to lawyers, advisers during insolvency 4

5 process October 31, 2017 Lou Brzezinski agrees with Stranzl that Sears proposal seemed skewed in favor of liquidation, not restructuring; the Toronto Star reports October 11, 2017 Lou Brzezinski explains the difference in economic impact for Sears, Target insolvencies to the Toronto Star October 10, 2017 End of the road for Sears as retailer set to close shop October 02, 2017 What if no one wants to buy Sears Canada? Toronto Star asks Lou Brzezinski September 20, 2017 Toys 'R' Us insolvency plans favour overseas suppliers: Lou Brzezinski speaks to the Toronto Star September 13, 2017 Lou Brzezinski comments on ruling affecting retirees and beneficiaries of Sears Canada to the Toronto Star August 31, 2017 Lou Brzezinski comments on potential Sears Canada takeover bid to The Globe and Mail August 15, 2017 Lou Brzezinski on the Sears Canada CCAA July 19, 2017 LISTEN: Lou Brzezinski talks Sears liquidation, asset allocation, and parallels to the Target Canada insolvency on Newstalk 610 CKTB July 14, 2017 Sears Canada's sale process sparks conflict-of-interest concerns July 12, 2017 'Lampert to ask court for access to Sears Canada restructuring documents': Lou Brzezinski comments to Reuters September 29, 2016 Lou Brzezinski quoted in The Globe and Mail on Stelco August 14, 2016 Lou Brzezinski speaks about Target Canada's restructuring process to Lexpert Magazine March 04, 2016 Lou Brzezinski speaks to the Toronto Star: Target Canada reached settlement with creditors, landlords June 01, 2015 CCAA vs. BIA, Legal Report: Insolvency April 03, 2015 Target's retreat tactics raise questions about CCAA March 27, 2015 Target moves to shut all Canadian stores faster than planned March 17, 2015 Target Canada considered winding down operations as early as September 5

6 March 13, 2015 Shoppers Claim Target Canada Cheated, Jacked Up Prices Ahead Of Sales March 13, 2015 Target Canada's Claim It Owes Itself $1.9 Billion The Source Of A Brewing Battle March 11, 2015 Target didn't stock up before closing, court finds March 08, 2015 Landlords buy back Target stores for $138 million March 06, 2015 Target insolvency proceedings to be transparent, judge vows March 05, 2015 Suppliers vow to challenge Target's intercompany debt claims March 05, 2015 Suppliers plan to challenge Target Canada's intercompany debt claims March 05, 2015 Target Canada's $1.9-billion debt under court review March 03, 2015 Suppliers put Target Canada in the hot seat February 09, 2015 Target and landlords in court battle over sale of leases February 04, 2015 Target liquidation sale to start Thursday April 09, 2014 Courts not some Jurassic Park: Justice Brown COMMUNITY SERVICE Lou spent five years as a Judge at the University of Toronto Upper Year Court. He is also an avid photographer and has exhibited his works at Q Gallery. His photograph, Harry s Dry Goods was selected to appear in the SNAP ACT Exhibition in March