marc duchesne - Borden Ladner Gervais LLP

MARC DUCHESNE
Partner
T 514.954.3102
F 514.954.1905
Montréal
[email protected]
https://www.linkedin.com/in/du
chesnemarc
Banking Litigation and Arbitration
Bankruptcy, Insolvency and Restructuring
Corporate Commercial Litigation and Arbitration
Construction Dispute Resolution
Education / Bar Admissions
EXECUTIVE SUMMARY
​LLB, University of Ottawa, 1980
Marc Duchesne is the Regional Leader of our Financial Services Group in Montréal and
the Co-Leader of the Insolvency and Financial Restructuring Group. His areas of
practice include banking law, insolvency, restructuring, real estate law and commercial
litigation.
Québec, 1981
Professional Involvement
Member of the Board of Directors of
the Insolvency Institute of Canada
(IIC)
REPRESENTATIVE WORK

Advises financial institutions, creditors, receivers, monitors and trustees, and
defends their interests before the courts in matters pertaining to realization on
security, bankruptcy, corporate restructuring, asset recovery and liability suits.
Member, Canadian Turnaround
Management Association

Advises debtor companies and parties interested in matters of restructuring
and insolvency.
Member, INSOL International

Represents owners, contractors and bonding companies with respect to issues
pertaining to the construction industry.

Acted for aircraft lessors in the Companies' Creditors Arrangement Act (CCAA)
proceedings commenced by Nationair.

Acted for aircraft lessors in the CCAA and subsequently instituted bankruptcy
proceedings commenced by Canada 3000.

Acted for aircraft lessors, as well as Canadian and American aircraft part
suppliers, in the CCAA proceedings commenced by Air Canada.

Acted for the monitor in the CCAA proceedings commenced by PanGeo
Pharma Inc., a publicly traded pharmaceutical company.

Acted for the monitor in CCAA proceedings commenced by CinéGroupe Inc. and its subsidiaries, an animated film production company.

Represented lenders and financial institutions in numerous lenders' liability
cases.

Acted for the liquidator of the Norbourg and Évolution Mutual Funds.

Acted for the monitor in the Canadian Asset-Backed Commercial Paper
Member, Canadian Bar Association
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(ABCP) proceedings.

Represented a secured creditor in the cross-border restructuring of Quebecor
World Inc.

Represented the ad hoc Committee of senior secured note holders and the
trustee in the cross-border restructuring of AbitibiBowater.

Represented the client Official Committee of Unsecured Creditors of Bear
Island Paper Company, L.L.C., in the CCAA cross-border restructuring of
White Birch Paper.

Represented various creditors and proposed purchasers in the restructuring of
Aveos Fleet Performance Inc. et al.

Represented the purchaser of Davie Yard Canada Inc., a shipyard undergoing
restructuring.

Represented certain bonding companies in the recovery of their losses.
PUBLICATIONS & PRESENTATIONS

Co-author of the Canadian chapter of the 4th and 5th editions of The
Restructuring Review.
Speeches

Insight, "Analyse des restructurations récentes," April 28, 2010.

The Canadian Institute, Advanced Conference on Commercial Leases: "Faillite
et insolvabilité : Pourquoi faut-il s'en préoccuper en 2010-2011?," June 16, 2010.

The Canadian Institute: "Réussir le financement de l'entreprise insolvable : DIP
et autres sources de financement," October 26, 2010.

National Centre for Business Law, 8th Annual Review of Insolvency Law
Conference: "Avoidance Actions in the United States" (panellist), February 4,
2011.

CAIRP, Annual Conference: "Le coût des fonds au-delà des primes et des intérêts : le prêt-achat ', les dérivés de crédit, l'achat et la vente de réclamations et les nouveaux acteurs de la restructuration moderne" (copresentation with Ken Atlas re "The Price of Money, Loan-to-Own, Credit
Default Swaps, Claims Trading And The New Players in Restructuring")
August 17, 2011.

The Canadian Institute: "Les clauses de défaut, le droit et la réalité," June 14, 2011.

Annual Review of Insolvency Law: "Creditors' Committees – Do They Add
Value?"(panellist), February 10, 2012.

Insight - conférence sur l'insolvabilité et la restructuration commerciale : "Indalex : La Cour d'appel de l'Ontario a-t-elle devancé le législateur?," September 27 2012.

The Canadian Institute – Restructuration, insolvabilité et faillite : "Naviguer au travers des incertitudes liées aux fonds de pension déficitaires afin de prendre des décisions stratégiques dans le cadre d'une restructuration," October 29, 2012.
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
University of Ottawa, Civil Law Faculty : "Droit de la faillite et de l'insolvabilité," autumn session, 2011.
RANKINGS & RECOGNITIONS

Recognized in the 2017 edition of IFLR1000 – The Guide to the World's
Leading Financial Law Firms (Restructuring & Insolvency).

Recognized as the 2014 Montreal Insolvency and Financial Restructuring
Lawyer of the Year by The Best Lawyers in Canada®.

Recognized in the 2016 edition of The Lexpert®/American Lawyer Guide to the
Leading 500 Lawyers in Canada (Insolvency and Financial Restructuring).

Selected by peers for inclusion in the 2017 edition (and since 2008) of The
Best Lawyers in Canada® (Insolvency and Financial Restructuring Law).

Recognized in the 2017 and 2016 edition of Chambers Canada – Canada's
Leading Lawyers for Business (Restructuring/Insolvency).

Recognized as a recommended lawyer in the 2017 and 2016 editions of the
Legal 500 Canada (Restructuring and Insolvency).

Recognized in the 2016, 2015, 2014 and 2013 editions of Chambers Global –
The World's Leading Lawyers for Business (Restructuring/Insolvency).

Recognized in the 2016, 2015, 2014, 2013 and 2012 editions of Who's Who
Legal: Canada (Insolvency and Restructuring).

Recognized in the 2016, 2015, 2014 and 2013 editions of The Canadian Legal
Lexpert® Directory (Insolvency and Financial Restructuring).

Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.

Recognized in the 2014, 2013 and 2012 editions of The International Who's
Who of Insolvency and Restructuring Lawyers.

Recognized in the 2016, 2015, 2014 and 2013 Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (Insolvency and Financial Restructuring).

Recognized as a leading litigator in the 2016, 2015, 2014 and 2013 editions of
Lexpert®/ Report on Business Litigation Special Edition.
ABOUT BORDEN LADNER GERVAIS LLP
Borden Ladner Gervais LLP (BLG) is a leading, national, full-service Canadian law firm
focusing on business law, commercial litigation and arbitration, and intellectual property
solutions for our clients. BLG is one of the country’s largest law firms with more than
725 lawyers, intellectual property agents and other professionals in five cities across
Canada. We assist clients with their legal needs, from major litigation to financing to
trademark and patent registration.
Lawyers | Patent & Trademark Agents.
© 2017 Borden Ladner Gervais LLP ("BLG"). All rights reserved.