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Lawyer Profile

Image of David F.W. Cohen

David F.W. Cohen

Gowling WLG
  • Recognized Since:
    2013
  • Recognized in:
    Banking and Finance Law
  • Website:
    https://www.gowlingwlg.com
  • Languages:
    English
  • Location:
    1 First Canadian Place
    100 King Street West, Suite 1600
    Toronto, ON M5X 1G5
  • LinkedIn

David Cohen is a senior practitioner in the firm's Toronto office, practising corporate and commercial financing, restructuring and insolvency law in a domestic and cross-border context. He is an executive member of the National Financial Services Industry Group and practice coordinator for the Distressed M&A Practice at Gowlings LLP.

David has transactional experience in:

Automotive Financial Services Mining and Resource
Agriculture Food and Beverage Plastics
Aquaculture Healthcare Recreational Products
Aviation Hospitality Retail
Bottling Housing Shipping / Logistics
Construction Media Telecom

REPRESENTATIVE WORK

David has recently been involved in the following matters:

  • acting for CIBC, as senior secured creditor and DIP Lender in the CCAA proceedings for the Bowring / Bombay / Benix group of retail enterprises.
  • acting as lead counsel for a syndicate of three major Canadian banks on the restructuring of a $100 Million term and operating loan to a retailer;
  • acting for a major Canadian bank in the amendment of a $50 Million real estate loan in British Columbia.
  • acting as lead counsel for a shareholder dispute among two shareholder groups touching on both restructuring of the business and oppression remedies.
  • acting for a major Canadian bank in a new $75 Million secured financing of a service business.
  • acting for a major Canadian bank in a new $25 Million secured financing of a manufacturing business.
  • acting as lead counsel for a major Canadian bank in the restructuring of a $50 loan to a service business in the health sector.
  • acting as lead counsel for a major Canadian bank in the restructuring of a $50 Million loan to a manufacturing business in the food sector.
  • acted for a major customer of an oil and gas producer in Alberta based CCAA proceedings;
  • acted as lead counsel for Korean Resource Corporation (KORES) and a consortium of major Korean corporations in their ongoing acquisition of a 90% interest in and control of Minera y Metalúrgica del Boleo, S.A.P.I. de C.V. (the Boleo Mine located in Santa Rosalie, Baja, Mexico). As lead counsel our work included the coordination, negotiation and documentation of a series of complex transactions with Baja Mining Corporation, the normalization of existing project finance and matters relating to off-take from the project. The Boleo Project capital cost is projected to exceed $1.8 Billion. (2012-13);
  • currently acting as lead counsel for several major Canadian financial institutions in respect of the negotiation and establishment of a variety of mid-market commercial loans in a wide variety of industrial sectors including the retail, clothing manufacturing, financial service, and other sectors. (ongoing).

COMMUNITY INVOLVEMENT

David is a member of the CCH Corporate Law Advisory Board and was a visiting instructor in Bankruptcy Law at Osgoode Hall Law School for five years up to 2001.

David currently serves on the Turnaround Management Association Board of Trustees and was a member of the 2014 International Executive Board of Directors of the Turnaround Management Association and served as the co-chair of the highly successful TMA Annual Convention held in Toronto in October of 2014. David has also served as TMA Global's corporate secretary, a member of its executive operating committee, VP membership and member of the Futures Task Force, the Sponsorship Task Force, the Awards Committee for the Turnmaround Hall of Fame in 2013 and the Nominations Committee.

Prior to joining the International Board, he served for six years as a director of the TMA (Toronto Chapter) Board in a number of executive positions, including vice president, secretary and co-chair of the Programs Committee. David was the chair of the Canadian Bar Association National Bankruptcy and Insolvency Section Executive for a two-year term ending in September 2004.

ARTICLES, PAPERS & PRESENTATIONS

David has authored the CCH Ontario Corporate Law Guide chapter on Liquidation & Dissolution and has written and presented for the Canadian Bar Association on insolvency law topics, written for the National Insolvency Review and written for the CCH Corporate Law Brief on corporate law topics. He is a member of the editorial board for Butterworth’s National Insolvency Review newsletter.

David has chaired the Canadian Institute’s annual insolvency super conference for eleven years up to January 2011. He has also spoken at and written for other conferences including for the TMA, CAIRP, and the Canadian Institute on a broad range of lending, restructuring and insolvency law topics.

Continue Reading
  • Lawyer Bio
  • Client Comments
  • Firm Details
  • News & Media

Lawyer Bio

David Cohen is a senior practitioner in the firm's Toronto office, practising corporate and commercial financing, restructuring and insolvency law in a domestic and cross-border context. He is an executive member of the National Financial Services Industry Group and practice coordinator for the Distressed M&A Practice at Gowlings LLP.

David has transactional experience in:

Automotive Financial Services Mining and Resource
Agriculture Food and Beverage Plastics
Aquaculture Healthcare Recreational Products
Aviation Hospitality Retail
Bottling Housing Shipping / Logistics
Construction Media Telecom

REPRESENTATIVE WORK

David has recently been involved in the following matters:

  • acting for CIBC, as senior secured creditor and DIP Lender in the CCAA proceedings for the Bowring / Bombay / Benix group of retail enterprises.
  • acting as lead counsel for a syndicate of three major Canadian banks on the restructuring of a $100 Million term and operating loan to a retailer;
  • acting for a major Canadian bank in the amendment of a $50 Million real estate loan in British Columbia.
  • acting as lead counsel for a shareholder dispute among two shareholder groups touching on both restructuring of the business and oppression remedies.
  • acting for a major Canadian bank in a new $75 Million secured financing of a service business.
  • acting for a major Canadian bank in a new $25 Million secured financing of a manufacturing business.
  • acting as lead counsel for a major Canadian bank in the restructuring of a $50 loan to a service business in the health sector.
  • acting as lead counsel for a major Canadian bank in the restructuring of a $50 Million loan to a manufacturing business in the food sector.
  • acted for a major customer of an oil and gas producer in Alberta based CCAA proceedings;
  • acted as lead counsel for Korean Resource Corporation (KORES) and a consortium of major Korean corporations in their ongoing acquisition of a 90% interest in and control of Minera y Metalúrgica del Boleo, S.A.P.I. de C.V. (the Boleo Mine located in Santa Rosalie, Baja, Mexico). As lead counsel our work included the coordination, negotiation and documentation of a series of complex transactions with Baja Mining Corporation, the normalization of existing project finance and matters relating to off-take from the project. The Boleo Project capital cost is projected to exceed $1.8 Billion. (2012-13);
  • currently acting as lead counsel for several major Canadian financial institutions in respect of the negotiation and establishment of a variety of mid-market commercial loans in a wide variety of industrial sectors including the retail, clothing manufacturing, financial service, and other sectors. (ongoing).

COMMUNITY INVOLVEMENT

David is a member of the CCH Corporate Law Advisory Board and was a visiting instructor in Bankruptcy Law at Osgoode Hall Law School for five years up to 2001.

David currently serves on the Turnaround Management Association Board of Trustees and was a member of the 2014 International Executive Board of Directors of the Turnaround Management Association and served as the co-chair of the highly successful TMA Annual Convention held in Toronto in October of 2014. David has also served as TMA Global's corporate secretary, a member of its executive operating committee, VP membership and member of the Futures Task Force, the Sponsorship Task Force, the Awards Committee for the Turnmaround Hall of Fame in 2013 and the Nominations Committee.

Prior to joining the International Board, he served for six years as a director of the TMA (Toronto Chapter) Board in a number of executive positions, including vice president, secretary and co-chair of the Programs Committee. David was the chair of the Canadian Bar Association National Bankruptcy and Insolvency Section Executive for a two-year term ending in September 2004.

ARTICLES, PAPERS & PRESENTATIONS

David has authored the CCH Ontario Corporate Law Guide chapter on Liquidation & Dissolution and has written and presented for the Canadian Bar Association on insolvency law topics, written for the National Insolvency Review and written for the CCH Corporate Law Brief on corporate law topics. He is a member of the editorial board for Butterworth’s National Insolvency Review newsletter.

David has chaired the Canadian Institute’s annual insolvency super conference for eleven years up to January 2011. He has also spoken at and written for other conferences including for the TMA, CAIRP, and the Canadian Institute on a broad range of lending, restructuring and insolvency law topics.

Read more on firm website
  • Bar Admissions
  • Affiliations
  • Award List

Bar Admissions:

  • Ontario

Affiliations:

  • Amercian Bankruptcy Institute - Member
  • Association of Corporate Growth - Member
  • Candian Bar Association - Past Chair, Bankruptcy and Insolvency Section (2004)
  • Commercial Finance Association - Member
  • Turnaround Management Association (Global) - Co-Chair, 2014 Global Annual Convention (Toronto)
  • Turnaround Managment Association (Global) - Immediate Past Corporate Secretary and Current Member of the Executive Board of Directors and Board of Trustees

Recognized in The Best Lawyers in Canada for work in:

  • Banking and Finance Law
 

Awards:

  • Chambers Global
  • PLC Which Lawyer?
  • Canadian Legal Lexpert Directory
  • Chambers Canada
 

Lawyer Client Comments

Firm Details

Image for Gowling WLG View Firm Profile
Gowling WLG
https://www.gowlingwlg.com
 
Headquarters
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, ON M5X 1G5
416-862-7525
7 Office Locations
in 1 Country

Canada

Canada

Alberta

Alberta

Calgary, AB

421 Seventh Avenue, SW, Suite 1600

Calgary, AB T2P 4K9

Canada

403-298-1000

Get Directions

British Columbia

British Columbia

Vancouver, BC

550 Burrard Street, Suite 2300

Bentall 5

Vancouver, BC V6C 2B5

Canada

604-683-6498

Get Directions

Ontario

Ontario

Hamilton, ON

One Main Street West

Hamilton, ON L8P 4Z5

Canada

905-540-8208

Get Directions

Ottawa, ON

160 Elgin Street, Suite 2600

Ottawa, ON K1P 1C3

Canada

613-233-1781

Get Directions

Waterloo Region, ON

50 Queen Street North, Suite 1020

Waterloo Region, ON N2H 6P4

Canada

519-576-6910

Get Directions

Quebec

Quebec

Montréal, QC

3700-1 Place Ville Marie

Montréal, QC H3B 3P4

Canada

514-878-9641

Get Directions

News & Media

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