D.J. Miller

D.J. Miller


Thornton Grout Finnigan LLP

Recognized since 2021

Toronto, Ontario

Practice Areas

Insolvency and Financial Restructuring Law

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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 the past 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 acting as lead 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. D.J. is currently representing the first public university in Canada to seek insolvency protection as it restructures.

Career

D.J. is a past guest lecturer at three Canadian law schools, a regular speaker at conferences and the author of numerous articles and publications. She has been recognized as Insolvency Litigator of the Year (2022, 2018 and 2016) by Benchmark Canada Litigation, is the recipient of the Lexpert Zenith award (2017), the TMA Women of Excellence Exemplar award (2017) and has again been named in the Top 50 Women Litigators in Canada (2021) in addition to being ranked in Best Lawyers and Who’s Who Legal.

Representative Work

  • Counsel to Laurentian University of Sudbury in the first insolvency proceeding involving a publicly-funded university in Canada.
  • 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 UK Pension claimants (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 Networks CCAA 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, and has appeared as counsel at all levels of Court in Canada.
  • 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 (Regional Co-Chair for Canada, the U.S. and the Caribbean), Executive Member and VP International Relations 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.

Contact & Links

Location

  • 100 Wellington Street West. Suite 3200
    Toronto-Dominion Centre
    P.O. Box 329
    Toronto, ON M5K 1K7
    Canada

Recognized in The Best Lawyers in Canada 2022 for work in:

  • Insolvency and Financial Restructuring Law

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