Kyle B. Plunkett
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Toronto
- Bio
- Awards & Recognition
- Professional Involvement
- Representative Matters
- Selected Speaking Engagements
- Selected Publications
- Insights
- Education
Kyle is a member of the firm’s Financial Services and Insolvency & Restructuring Groups. He divides his time between commercial restructuring matters and asset-based lending and structured finance work, developing a broad practice built on providing practical solutions to complex problems. With a diverse background, including time spent working in banking and finance, Kyle has the experience to provide clients guidance beyond the scope of traditional legal advice.
Kyle’s insolvency and restructuring practice encompasses both the litigation and commercial aspects of turnarounds, reorganizations, liquidations, security enforcement, receiverships and plans of arrangement in the context of formal and informal restructuring proceedings. With particular experience in all areas of Canadian insolvency and restructuring proceedings and transactions, Kyle has acted for and advised secured and unsecured creditors, debtor-in-possession lenders, debtors, suppliers, boards of directors, chief restructuring officers, purchasers, receivers, interim receivers, Companies’ Creditors Arrangement Act monitors and bankruptcy trustees. He regularly advises parties on issues relating to reorganizations under the CCAA, the Bankruptcy and Insolvency Act and the Canada Business Corporations Act.
On the corporate and commercial lending side of his practice, Kyle regularly advises and acts for a number of Canada’s largest banks and several alternative asset-based lenders. His lending and finance experience includes asset-based, securitized, structured finance, syndicated, secured, mezzanine and subordinated debt, both domestic and cross-border, transactions.
Kyle is also a member of the firm's Associates Committee and is actively involved in the firm’s student and associate mentorship programs.
Other Languages
French
Awards & Recognition
- Recognized in the Canadian Legal Lexpert Directory in Insolvency Litigation and Financial Restructuring
- Recognized in The Best Lawyers in Canada in Insolvency and Financial Restructuring Law
- Recognized in Chambers Canada as a top practitioner in Restructuring/Insolvency
- Recognized as a Lexpert Rising Star 2020: Leading Lawyer Under 40
- Recognized in Legal Media Group's Rising Stars Expert Guide in Restructuring and Insolvency
- Recognized as a Thomson Reuters Stand-Out Lawyer – Independently Rated Lawyers, 2024
Professional Involvement
Memberships
- Canadian Bar Association
- Ontario Bar Association
- Toronto Lawyers Association
- Turnaround Management Association
- Ireland-Canada Chamber of Commerce
Community Involvement
- Board Member, NextGen Turnaround Management Association
Representative Matters
Lending Matters:
Advised The Toronto-Dominion Bank and CIBC on the structuring and execution of a credit arrangement in relation to AirBoss of America Corp.’s US$180-million senior secured credit facilities.
Successfully represented The Toronto-Dominion Bank before the Ontario Court of Appeal, securing the affirmation of a summary judgment motion ruling in 2275518 Ontario Inc. v. The Toronto-Dominion Bank, 2024 ONCA 343.
Advised Phillips Foods Inc., a U.S.-based global processor and distributor of branded seafood products, in the acquisition of the assets of South Shore Seafoods Group of Companies, a Canadian seafood processor and distributor.
Acted as legal counsel to San Cristobal Mining Inc., a private mining company formed under the laws of British Columbia, in its acquisition of Minera San Cristóbal S.A. and all associated assets from Sumitomo Corporation, as well as a related equity financing and two debt financings.
Acts on a regular basis for Schedule I banks and asset-based lenders with respect to their secured lending facilities.
Acts on a regular basis for lenders who finance and/or purchase loan receivables and related assets. Prepared receivable purchase agreements and assignments to deal with the transfer of the assets, and/or negotiated secured loan agreements to finance such purchases.
Acted for SQI Diagnostics Inc., a leader in the science of lung health that develops and manufactures respiratory health and precision medical tests, in connection with its acquisition of the assets underlying Precision Biomonitoring Inc.’s human diagnostic COVID-19 PCR testing business and its TripleLock™ molecular diagnostic testing technology.
Acted for The Toronto-Dominion Bank in its capacity as Administrative Agent, Joint-Arrangers, Joint-Bookrunner and a lender in connection with syndicated credit facilities established in favour of Sangoma Technologies Inc. and Sangoma U.S. Inc. (the “borrowers”) in the total amount of $64 million to support the borrowers’ working capital requirements and acquisition of a U.S. target.
Represented Baylin Technologies Inc. (TSX:BYL), a diversified leading global wireless technology management company, in the completion of a $40.25 million bought deal public offering of subscription receipts and 6.5% extendible convertible unsecured debentures and the related acquisition of Alga Microwave Inc.
Represented Baylin Technologies Inc. in an acquisition of assets from the radio frequency and microwave divisions of Advantech Wireless Inc. and certain of its affiliates.
Acted for an entity who purchased a portfolio of receivables and related assets under a private-label credit card program established with a Canadian chartered bank. Prepared receivable purchase agreements and assignments to deal with the transfer of the assets, and negotiated a secured loan agreement to finance the purchase.
Insolvency Matters:
Successfully represented The Toronto-Dominion Bank in obtaining a receiver appointment for IDC Technologies (Canada).
Successfully represented Tandia Financial Credit Union Limited in securing the appointment of a receiver for 2492029 Ontario Inc., operator of a gas station in Shanty Bay, Ontario.
Successfully represented Nautilus Fitness Canada, Inc. in its application for the appointment of a receiver in its receivership proceedings.
Represented the Noteholders of The Lion’s Share Group Inc. as representative counsel in the company’s receivership proceedings.
Represented BMO, as secured lender, in the Tokyo Smoke CCAA proceedings.
Successfully represented The Toronto-Dominion Bank in securing its application to place Buchh Holding Inc. and its affiliates into receivership.
Counsel to KSV as the proposal trustee following 125 Ferris Inc.’s filing of an NOI under the Bankruptcy and Insolvency Act.
Counsel to KSV Restructuring Inc. in its capacity as Proposal Trustee in the Go-For Industries NOI Proceedings.
Counsel to Aleafia Health Inc. et al in connection with its CCAA proceedings.
Counsel to Phillips Foods and related parties, as purchaser, in connection with a sale transaction with the South Shore group of entities in their CCAA proceedings.
Special Representative Counsel to the Redemption Claimants in the Bridging Finance Inc. et al receivership proceedings.
Representative counsel to the Unsecured Noteholders in the Lion’s Share Group receivership, and Balboa et al CCAA proceedings.
Independent Counsel to the Board of Directors of Heritage Cannabis Holdings Corp. in connection with Heritage group’s CCAA proceedings.
Counsel to KSV Restructuring Inc. in its capacity as Bankruptcy Trustee of Gross Capital and related parties.
Counsel to KSV Restructuring Inc. in its capacity as Monitor in the MPX International group CCAA proceedings.
Counsel to KPMG Inc., in its capacity as Proposal Trustee in the Organic Garage group NOI proceedings.
Counsel to Grant Thornton Limited in its capacity as court-appointed receiver of A&H Assets and Florentine Financial.
Counsel to Fiera Capital as secured creditor in the Flying Colours restructuring and sale process.
Counsel to Horizon Technology Finance, as secured lender and agent, and Trinity Capital, as secured lender, in connection with the Nexii Building Solutions group CCAA proceedings.
Counsel to Tandia Financial Credit Union Limited in connection with the receivership application of a group of gas and retail companies.
Successfully represented The Toronto-Dominion Bank in securing summary judgment against a borrower, and corporate and personal guarantors, in The Toronto-Dominion Bank v. 2275518 Ontario Inc., 2023 ONSC 1050 (CanLII).
Representing Alvarez & Marsal Canada Inc. in its capacity as the court-appointed monitor in the Inscape Group CCAA proceedings.
Counsel to Feronia Inc. (TSXV: FRN), an agribusiness operating in the Democratic Republic of the Congo, in connection with the completion of a third party sale and restructuring transaction.
Counsel to Alvarez & Marsal Canada Inc. in its capacity as the court-appointed receiver of Sameh Sadek (aka Sam Sadek), St. Maharial Pharmacy Inc. dba MD Health Pharmacy, St. Maharial Clinic Inc., SRX Investment Inc., Shepherd RX Pharmacy Inc. and Lilian Fam. The Receiver was appointed on a motion by AstraZeneca Canada Inc. pursuant to the Ontario Courts of Justice Act in connection with an alleged multi-million dollar fraud involving several large pharmaceutical companies.
Counsel to KSV Restructuring Inc. in its capacity as the court-appointed receiver and manager of Xela Enterprises Ltd.
Counsel to CAT Inc. in connection with its purchaser of certain assets of S.L.H. Transport Inc. in the insolvency proceedings commenced by Sears Canada Inc. et al. under the Companies’ Creditors Arrangement Act.
Counsel to BDO Canada Limited in its capacity as the court-appointed receiver of Astoria Organic Matters Ltd. and Astoria Organic Matters Canada LP.
Counsel to BDO Canada Limited in its capacity as the court-appointed receiver of Mechtron Innovations Inc.
Regularly acts as counsel to Bank of Montreal SAMU as secured in various receivership proceedings and/or workouts involving various borrowers.
Regularly acts as counsel to The Toronto-Dominion Bank as secured creditor in various receivership proceedings and/or workouts involving various borrowers.
Regularly acts as counsel to Laurentian Bank of Canada as secured in various receivership proceedings and/or workouts involving various borrowers.
Selected Speaking Engagements
Presenter, "The Nuts and Bolts of Secured Lending," Presentation to Ontario Ministry of Finance, September 11, 2024.
Panellist, "Q4 2023: Governance Receivers, WEPPA & Subordinated Deemed Trusts," Insolvency Insider Webinar, February 2024.
Panellist, "The Role of In-House Counsel During a Recession," Law Society of Ontario: 13th In-House Counsel Summit, February 16, 2023.
Selected Publications
Co-Author, "Creditors Rejoice: Ontario Court of Appeal Confirms Summary Judgment Is ‘Tailor-Made’ to Enforce Liquidated Claims," Aird & Berlis LLP Litigation Bulletin, May 7, 2024.
“Clarity in Appeal Procedures Part II: The BIA Prevails – or Does It?,” Aird & Berlis Financial Services Flash, April 10, 2019. Republished in Banking & Finance Law Review, July 2019.
Insights
Education
- LLB, University of Leicester, 2008
- BA, University of Windsor, 2005