Gerry Apostolatos

Strategic Advisor

Advising in various areas of the law in connection with numerous industries. Leveraging the power and expertise of the firm to achieve exceptional results for clients, often in the most challenging of circumstances, including in fraud (Norwich orders), Mareva injunctions (asset freezing) and Anton Piller orders (civil search), anti-corruption, procurement, labour and employment law, mining law, construction law, intellectual property, technology, competition law and corporate matters.

Restructuring & Insolvency

Davy Global Fund Management with respect to a US$15M loan to an Italian debtor operating in the dry cargo shipping sector in the context of the contestation of an application for recognition of a foreign proceeding. The ship had been previously arrested and not released by the Federal Court of Canada after issuance of the Canadian recognition order by the Superior Court of Québec.  

Ad Hoc Committee of Independent Second Lien Lenders of around US$40 million in the Cirque du Soleil CCAA/Chapter 15 filing.

Sale of financially distressed businesses and most recently in an interprovincial context to an international conglomerate and a national plumbing fixtures company.

Mitsubishi Chemical Corporation in the BioAmber CCAA/Chapter 11 matter where IP licensing issues were at play in connection with a sustainable chemicals company.

Unilin Beheer BV in IP and patent litigation enforcement at the intersection with the application of federal insolvency legislation.

A major Canadian law firm in the CCAA/Chapter 11 filing of Performance Sports Group as regards insolvency and IP issues.

Several insurance corporations with a multitude of multimillion-dollar product liability claims in the Aquadis CCAA matter.

Pension committees with a claim of approximately $78 million in the CCAA sale and reorganization of Quebec regional newspaper group, Groupe Capitales Média.

Provisional Administrator of seven pension plans with a claim of approximately $400 million in the White Birch CCAA matter.

Rio Tinto affiliate, QNS&L railway, the largest unsecured creditor (over $500 million) in the Bloom Lake/Wabush mining CCAA/Chapter 15 matters.

Holders of NSR royalties in defence of an attempt to disclaim and terminate the NSR agreements in the mining sector.

Agricultural Financial Services Corporation in the reorganization and sale of Abitibi Helicopters, a company operating in the heliportable seismic support in North America, mineral exploration and firefighting operations.

Major international insurance company as regards to several insurance and insolvency issues in the cross-border Kraus Group CCAA/Chapter 15 matter with regards to a $100 million policy.

Montreal Auditor General in the Bixi BIA matter.

Canadian and foreign landlords and other creditors in the Aldo, DavidsTea, Spectra Premium and Laura’s Shoppe CCAA/Chapter 15 matters.

Medium Term Noteholders (the largest creditor group at $1.4 billion) in the Yellow Media CBCA capital restructuring, as Quebec counsel.

U.S. Official Committee of Unsecured Creditors in the Quebecor World CCAA/Chapter 11 matter, as Quebec counsel.

Most major Canadian airport authorities in the CCAA matter and subsequent liquidation of Jetsgo, a Canadian airline.

Appellate Work (Supreme Court of Canada and Court of Appeal of Quebec)

Defendants in a lengthy and complex shareholders’ dispute where the amount at stake largely exceeded $100 million, and in which matter was granted one of the largest cost awards.

Intervening shareholder in the Supreme Court of Canada in the context of the contestation of the $35 billion leveraged buyout of BCE, involving inter alia the nature of the duties of corporate directors and the oppression remedy in Canada, as co-counsel.

Aéroports de Montréal in the landmark judgment of the Supreme Court of Canada on the nature, scope and extent of the seizure and detention rights of Canadian airport authorities.

Statoil Canada Ltd. in multi-party real estate litigation in an insolvency context in the Superior Court of Quebec and in the Court of Appeal of Quebec.

Canadian, Cross-Border and Multi-Jurisdictional Litigation

A multinational inspection, product testing and certification company in major proceedings ($40 million) against an international oil trading company, as Canadian counsel.

One of the world’s largest manufacturers of machine-made carpets in a precedent-setting dispute which involved the United Nations Convention on Contracts for the International Sale of Goods, Quebec civil law, and Canadian insolvency law.

One of the world’s largest renewable energy firms in a dispute with a utility services provider.

Manulife in significant mortgage fraud litigation.

Bank liquidators in the multijurisdictional liquidation of Stanford International Bank and in multi-billion dollar litigation against a major financial institution, as Quebec counsel.

One of Canada’s largest energy companies in Norwich proceedings in an inter-provincial context to obtain the disclosure of information identifying online wrongdoers.

Private curator and then liquidator of an estate in connection with a dispute involving questionable transactions initiated by a third party.

General Dynamics Corporation in a litigation arising from an agreement of purchase of shares in the field of arms manufacturing.

Japanese multinational corporation in an injunction matter with cross-border implications in the field of industrial and energy equipment.

Domestic Arbitration

The prime contractor in a construction dispute with the Government of Nunavut under Northwest Territories arbitration law over the building of an airport runway.

A key counter-party in an ad hoc arbitration on the interpretation of natural gas supply contracts in an inter-provincial context.

A North American supplier in an ad hoc arbitration regarding distributorship agreements in a cross-border context.

International Arbitration

A major international businessman in an ICC arbitration over supply issues for his private jet. 

A foreign entity in an ICC arbitration over services provided in the international defence industry.

A California bank on issues relating to domestic and international arbitration.