Jeffrey Oliver is a partner in our Restructuring & Insolvency Group.
Jeffrey routinely acts for lenders, court-appointed officials (receivers, monitors, trustees), landlords, purchasers, debtors, secured and unsecured creditors, directors, trustees, receivers and monitors. He advises clients on corporate reorganizations, bankruptcies, receiverships, foreclosures, lease realizations and loan workouts, including on cross-border insolvencies and realizations. He is also experienced in secured and unsecured financings, including interim and takeout financing within insolvency proceedings and securitization within forbearance arrangements.
Jeffrey also has extensive experience in detecting and prosecuting fraud actions, both within insolvency proceedings and in standard commercial litigation. In this regard, he has experience acting on behalf of investors, mortgage insurers, and lenders.
In recognition for his expertise in cross-border insolvency matters, Jeffrey has been named a Fellow of INSOL International, a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. He has been recognized as a leader in his field by the Canadian Legal Lexpert Directory for 2016, the Best Lawyers in Canada 2017 and as an Insolvency "Litigation Star" by Benchmark Litigation in 2017. He is also a member of the Insolvency Institute of Canada.
Jeffrey was called to the bar of British Columbia in 2002 and Alberta in 2011.
Jeffrey's corporate restructuring practice is extensive and includes representing key stakeholders in a variety of different economic sectors, including:
- Counsel to interim lender in CCAA proceedings of Walton International Group
- Counsel to the Monitor in CCAA proceedings of Lutheran Church–Canada, the Alberta-British Columbia District and related entities
- Counsel to interim lender in CCAA proceedings of Canada North Group, including in a precedent setting decision regarding the priority of CCAA charges relative to CRA deemed trust claim
- Counsel to senior secured lenders, interim financing lender and stalking horse bidder in RS Technologies Inc. CCAA proceedings
- Counsel to CNOOC Limited in its US$2.1 billion acquisition of OPTI Canada Inc. pursuant to the CBCA and CCAA
- Counsel to Leader Energy Services Ltd. in BIA proposal proceedings
- A senior secured lender in the Unity Builders CCAA proceedings
- Secured creditors and stalking horse bidders in the receivership of WellPoint Systems Inc.
Jeffrey's representative insolvency engagements include:
- Counsel to Receiver of Redwater Energy Corporation, in constitutional challenge to provisions of the Oil and Gas Conservation Act, LLR Program and related legislation
- Counsel to Receiver of Big Eagle Group
- Counsel to Receiver of ATK Oilfield Transportation Inc.
- Counsel to equipment lessor in Pacer Promec Energy Corporation
- Counsel to senior secured lender in Tallgrass Energy Corp., in which the senior secured lender successfully resisted the debtor’s attempts to obtain CCAA protection
- Counsel to senior secured lender and credit bidder in receivership of Impact 2000 Inc.
- Counsel to receiver of Cameron Construction Services Ltd.
- Counsel to the receiver of Investment Exchange Mortgage Corporation
- Counsel to US Chapter 7 Bankruptcy Trustee in Canadian proceedings to trace assets into Canada
- Counsel to the receiver of Tru Northcentral RV, Auto & Marine Ltd. and Tru Northwest RV, Auto & Marine Ltd.
- A group of debenture holders in the receivership of Aspen Endeavour Resources Inc.
- Secured creditors in receiverships of SQFive Intelligent Oilfield Solutions JW Auto Group
Jeffrey's representative commercial litigation work includes:
- Minority shareholders in litigation involving oilfield parts supplier
- Financial institutions in a variety of mortgage fraud related actions
- Co-owners of a large parcel of land on Savary Island, British Columbia in a contested action to partition the property
- A municipal government on Vancouver Island in successful defence of a $100 million claim for damages arising out of breach of contract and economic torts
Selected Articles, Papers & Presentations
- Contributor, Lexis-Nexis Practice Advisor, Receiverships
- Panellist, “Restructuring Strategies”, Oil and Gas Council 2017 North American Assembly, Houston, Texas, September 20, 2017
- Co-Author, “Environmental Regulatory Claims in Insolvencies of Oil and Gas Producers in Alberta: The Redwater Decisions”, Canadian Bar Association National Insolvency Law Conference, St. John’s, Newfoundland, September 14-15, 2017
- Co-Author and Speaker, “Redwater Energy Corporation and the Evolution of Section 14.06: Balancing Insolvency and Regulatory Laws in the Oil Patch”, 2017 Annual Review of Insolvency Law Conference, Montreal, Quebec, February 17, 2017
- Author, Canadian Chapter, “Claims Priorities in Rescue Proceedings – A Global Compendium”, INSOL International
- Speaker, “Junior Oil and Gas: An Endangered Species”, presented at 2016 Turnaround Management Association Northwest Chapter Annual Conference, Whistler, British Columbia, September 23, 2016
- Speaker, “Redwater Energy Corp. – An Update”, presented to meeting of Canadian Bar Association Southern Alberta Insolvency Subsection, September 14, 2016
- “Blowout on the Oil Patch – An Update on Alberta Oil and Gas Insolvencies”, presented at 2016 Annual Review of Insolvency Law Conference, Vancouver, British Columbia, February 5, 2016
- "Best practices in a distressed market: bankruptcy, insolvency and managing tenants," presented at the Calgary Leasing Real Estate Conference (Canada's Leading Real Estate Forum), Calgary, Alberta, June 2, 2015
- "Fraud Driven Insolvencies," presented at the Alberta Association of Insolvency and Restructuring Professionals Roundtable, Calgary, Alberta, March 26, 2015
- "Protecting Yourself and Your Company in Alberta's New Reality," presented at the In-House Counsel Network Lunch Seminar, Calgary, Alberta, February 19, 2015
- Author and speaker, “An Overview of CCAA Proceedings,” Legal Education Society of Alberta Bankruptcy Seminar, Edmonton, Alberta, January 15, 2014 and Calgary, Alberta, January 23, 2014
- Author and speaker, "Straw Borrower Mortgage Fraud and the BIA: Real Estate Boom to Bankruptcy Bust?" 2013 Annual Review of Insolvency Law, Annual Review of Insolvency Law Conference, Montréal, Québec, February 8, 2013
- "Protecting Your Company’s Interests in the Event of an Insolvency," presented at Canadian Bar Association – Corporate Counsel (South) Subsection Meeting, Calgary, Alberta, September 27, 2012
- Co-author and speaker, "The Tension Between Integrity of Process and Value Maximization In Insolvency Matters — A Comparative Critique," INSOL International Academics' Colloquium, Miami, Florida, May 20, 2012
- "Forbearance Agreements," presented at the Canadian Association of Insolvency and Restructuring Professionals Forum, Calgary, Alberta, May 8, 2012
- "The INSOL Fellowship Programme," presented at the Young Insolvency Professionals of British Columbia and Alberta Conference, Las Vegas, Nevada, May 5, 2012
- “International Insolvencies and the INSOL Fellowship Programme,” presented at the Canadian Bar Association (Southern Alberta) Insolvency Subsection Meeting, February 21, 2012
- "Pension Priority Decision Raises Questions About Canadian DIP Loan Priority," INSOL World, Third Quarter, 2011, p.29
- Canadian Legal Lexpert Directory 2016 (Insolvency & Financial Restructuring - Insolvency Litigation)
- The Best Lawyers in Canada 2017-2018 (Insolvency and Financial Restructuring Law)
- Benchmark Litigation 2017 (Litigation Star: Insolvency)
- Member, The Insolvency Institute of Canada (IIC)
- Fellow, INSOL International
|Publications, Newsletters and Articles
|Conferences, Speaking Engagements, Events
|PRO BONO/COMMUNITY INVOLVEMENT
Prior to moving to Calgary, Jeffrey was the president of the Board of Directors of Artstarts In Schools, a not-for-profit organization that offers programs, services and resources to educators, artists, parents and students to promote arts and creativity among young people.
Jeffrey also regularly provided pro bono legal services to the Salvation Army Pro Bono clinic and volunteered as a guest advocacy instructor for the British Columbia Bar Admission Course.