Brian F. Empey
Brian F. Empey
Partner at Goodmans LLP
(416) 597-4194
(416) 979-1234
333 Bay St, Suite 3400, Bay Adelaide Ctr, W Twr, Toronto, ON
Year called to bar: 1990 (ON)
Partner in the Corporate Restructuring Group. Practises in bankruptcy and insolvency, restructuring, creditor remedies, secured transactions, and structured financings, including derivatives and asset-backed securitizations, and regulatory compliance in the financial services and payments industry. Brian has advised debtor companies, creditors, regulators, committees, and court-appointed officers on insolvency matters across Canada, and he has particular expertise in complex and cross-border restructurings and in insolvencies of securities firms and financial institutions. Brian is recognized as a leading insolvency and financial restructuring lawyer in The Canadian Legal Lexpert® Directory, Chambers Canada, Chambers Global, IFLR 1000, Best Lawyers in Canada, Who’s Who Legal Canada, and Euromoney’s Guide to the World’s Leading Insolvency and Restructuring Lawyers. He is BV Peer Review Rated by LexisNexis Martindale-Hubbell. Brian is also recognized in the area of banking and finance law in The Best Lawyers in Canada. Has authored articles and spoken nationally and internationally, including at INSOL and ARIL. Member of the Insolvency Institute of Canada, INSOL, TMA, CLUC, and CBA. Ontario Bar (1990).
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On May 31, 2018, an affiliate of Fairfax Financial Holdings Ltd. (Fairfax) acquired all of the share capital and business of Toys “R” Us (Canada) Ltd. Toys “R” Us (Canada) Ltee (Toys Canada) for a purchase price of $300 million subject to certain working capital adjustments. The share transaction, which was completed in connection with Toys Canada’s emergence from restructuring proceedings under the Companies’ Creditors Arrangement Act (the CCAA) and Chapter 11 of the U.S. Bankruptcy Code, has enabled Toys Canada to continue as a going concern without compromising creditor claims and preserved Toys Canada’s position as Canada’s leading toy and baby retailer.
Pacific West Commercial Corporation (Pacific West), an affiliate of Vancouver-based Stern Partners Inc. (Stern Partners), completed the acquisition of the business and assets of Comark Inc. (Comark). Financial terms were undisclosed.
On February 13, 2007, Harbinger Capital Partners Master Fund I, Ltd. and Harbinger Capital Partners Special Situations Fund, L.P. through their indirect wholly owned subsidiary HCP Acquisition Inc. (together, Harbinger) acquired all of the outstanding trust units of Calpine Power Income Fund (the fund) it did not already own at a price of $13.00 per trust unit for total consideration of approximately $760 million.