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. Has advised debtor companies, creditors, regulators, committees and court-appointed officers on insolvency matters across Canada. Particular expertise in complex and cross-border restructurings under the CCAA and in insolvencies of securities firms and financial institutions. Advises clients in connection with secured transactions and structured financings, including derivatives and asset-backed securitizations, and regulatory compliance in the financial services and payments industry. Recognized as a leading insolvency and financial restructuring lawyer by Chambers CanadaChambers GlobalThe Canadian Legal Lexpert DirectoryIFLR 1000Who’s Who Legal CanadaEuromoney’s Guide to the World’s Leading Insolvency and Restructuring Lawyers and is BV Peer Review Rated by Martindale-Hubbell. Also recognized in the area of banking and finance law and insolvency and financial restructuring law by Best Lawyers in Canada. Authored articles and spoken nationally and internationally on a number of issues. Served on the Oral Examination Board for licensing of insolvency trustees.
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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.