Gerald F. Kandestin

The Canadian and international legal community consistently recognize Gerry as a leading attorney.

Gerry leads the firm’s practice areas of bankruptcy, insolvency and corporate restructurings, secured lending, security enforcement and related litigation. He has been involved in virtually every aspect of bankruptcy, insolvency & corporate restructurings. He regularly acts for major banks, asset based lenders, factoring companies and other lenders in virtually every aspect of documenting and enforcing secured transactions. He is also heavily involved in commercial litigation, particularly related to insolvency and security enforcements.

Gerry is a long-time member of the exclusive Insolvency Institute of Canada, having completed two terms as a director and secretary, and is a member of both the American Bankruptcy Institute and Insol International. He is a founding member and past president of the Montréal branch of the Canadian Turnaround Management Association. He is also a past president of The Lord Reading Law Society and has served two terms as Treasurer of the Montréal Bar Association.

Gerry was a member of a special committee of the Insolvency Institute of Canada advising the Canadian government’s Minister of Industry, Trade and Commerce on amendments to the Canadian Bankruptcy and Insolvency Act and Canadian Companies’ Creditors Arrangement Act.

Practice Areas

• Civil and Commercial Litigation
• Bankruptcy, Insolvency and Restructurings
• Commercial Transactions

Year of Call to the Bar

1975

Education

• McGill University, B.C.L., 1974
• (University Scholar throughout, awarded the Carswell Prize for high standing on graduation)

Cases

• Laura’s Shoppe (P.V.) Inc.
  Represented a major Canadian retailer through its successful insolvency restructuring.
• Montreal, Maine & Atlantic Canada Co.
  Major cross-border insolvency restructuring involving the sale of a railroad in Canada and the United States and settlement of mass-tort claims. Representing the US Chapter 11 Trustee for all matters in Canada.
• Bentley Leathers
  Represented a major Canadian retailer through its successful insolvency restructuring.
• Boutique Clair de Lune
  Represented a major Canadian retailer through its successful insolvency restructuring.
• Boutique Jacob
  Represented the debtor in possession financier through a major Canadian retailer’s wind-down.
• Bloom Lake/Cliffs
  Companies’ Creditors Arrangement Act filed by a major group of iron ore mining companies. Represented substantial secured creditor.
• Public Bike System Company
  Bankruptcy of Montréal’s “Bixi” public bike system. Representing major suppliers and the bankruptcy trustee.
• Effigi
  Insolvency liquidation of a wholesaler and retailer of women’s apparel. Represented the monitor under the Companies’ Creditors Arrangement Act filing and thereafter the receiver.
• Bernard Madoff
  Cross border bankruptcy of a Ponzi scheme. Represented the US bankruptcy trustee/liquidator.
• AbitibiBowater
  Companies’ Creditors Arrangement Act restructuring of a major pulp and paper company. Represented major construction lienholder.
• Noveko International
  Biotechnology company’s insolvency filing. Represented the debtor company through the filing and a complex sale process.
• Peoples Department Stores
  Argued the case before the Supreme Court of Canada on behalf of Peoples Department Stores’ bankruptcy trustee leading to the precedent setting decision of that Court establishing the duties of directors of corporations in the “zone of insolvency”.
• The Bank of Nova Scotia v. Bank of Montréal
  Complex multi-million dollar dispute between two banks arising from fraudulent kiting of electronic transfer items by a common customer. Represented The Bank of Nova Scotia, successful in ultimately obtaining judgment against the Bank of Montréal for the full amount claimed through the Québec Superior Court, the Court of Appeal of Québec and the Supreme Court of Canada (leave denied).
• Royal Bank of Canada v. Regions Bank
  Multi-million dollar claim by the Royal Bank of Canada against Regions Bank involving cross-border fraud committed by a common customer (through kiting in multiple bank and factoring accounts). Represented Regions Bank in successfully obtaining complete dismissal of the Royal Bank of Canada’s claim.
• Trillium Motors v. General Motors Canada & Cassels Brock
  Billion dollar class action lawsuit by former Canadian General Motors dealers against General Motors Canada and Cassels Brock. Qualified by the Ontario Superior Court of Justice as an expert and testified before that court as to the substance and practice of insolvency law in Canada.
• Béton Brunet
  Companies’ Creditors Arrangement Act filing by a group of major concrete and infrastructure providers. Represented the Monitor through a successful restructuring.

Activities

• Member of board of directors of the Donald Berman Maimonides Geriatric Center
• Former president of the Montefiore Club of Montréal

Recognition

• Best Lawyers in Canada: One of Canada’s leading lawyers in the areas of banking, insolvency and financial restructuring
• Chambers Global: One of Canada’s leading insolvency/restructuring attorneys
• World’s Leading Lawyers for Business: One of Canada’s leading insolvency/ restructuring attorneys
• Lexpert: Top bankruptcy and insolvency practitioner

Publication and Conferences

• Continually called upon to lecture lawyers and accountants as to the intricacies of insolvency law in Canada

Professional Affiliations

• The Bar of Québec
• The Canadian Bar Association
• The Bar of Montréal Bar (former two-term treasurer)
• Insolvency Institute of Canada (former director and secretary)
• American Bankruptcy Institute
• Insol International
• Lord Reading Law Society (former president)
• Montréal Turnaround Management Association (founding member and former president)