40 King St W, Suite 2100, Scotia Plaza, Toronto, ON
Year called to bar: 1999 (ON)
Alan Merskey is a commercial litigator with a particular focus on insolvency, construction, technology and other corporate disputes. His substantive and procedural experience in these industry sectors informs his overall strategic approach to complex commercial litigation. In the insolvency area he has acted as counsel to court officers, debtors and creditors in leading roles in a range of contested restructuring matters, including many of the major public and private company restructuring proceedings of the last 20 years. These include Just Energy, Bondfield, Sears, Nortel, Cash Stores, Air Canada and Canada 3000. Among other things, Alan appeared as counsel on precedent-setting decisions from the Supreme Court, Ontario Court of Appeal and Ontario Superior Court of Justice in areas such as environmental liabilities, debtor-creditor characterization and equitable subordination. In the construction area Alan acts in complex delay and design deficiency cases for participants across the entire sector, from general contractors to owners and designers.