Tom Cumming Partner


Speaks:  English

Year of Call: 2001 - Alberta

Year of Call: 1987 - Ontario

Primary phone: +1 403-298-1938

Fax: +1 403-695-3538

Email: tom.cumming@gowlingwlg.com

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Primary office:  Calgary




Tom Cumming

Tom Cumming is a senior restructuring and insolvency lawyer with Gowling WLG and leads the practice group in its Calgary office. Tom has over 30 years of experience in the restructuring and insolvency and lending areas and has developed a reputation for providing creative and strategic advice to his clients. He practised for 14 years in Gowling WLG’s Toronto office and then moved to the Calgary office in 2001.

Tom has significant experience with the restructuring, liquidation and financing of the up-stream and mid-stream oil and natural gas production and service industry, commercial real estate and development, manufacturing, retail, mining, agricultural and technology industries.  He has successfully structured and implemented the emergence of businesses from receiverships and CCAA proceedings. His experience includes the restructuring of financially distressed indigenous businesses. 

Tom has acted for all parties typically involved in restructuring and receivership proceedings including private and public debtors, private equity and institutional lenders, purchasers, and monitors, trustees and receivers.  His understanding of the perspectives of different stakeholders involved in these proceedings enables him to provide timely and insightful advice to his clients and provide creative solutions to difficult legal and business problems. 

Tom regularly represents clients before Alberta courts and was co-counsel to the receiver at the Supreme Court of Canada in the Orphan Well Association v. Grant Thornton Ltd., a significant case dealing with the priority of regulatory obligations and the ability of receivers to disclaim environmentally contaminated assets.

Tom frequently writes with respect to legal developments and speaks to lawyers, licensed insolvency trustees and lenders in relation to insolvency and restructuring.    

Career & Recognition

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Representative Work

Tom’s corporate restructuring and insolvency practice is extensive and includes representing major stakeholders in a number of different sectors, including:

  • CNOOC Limited in its US $2.1 billion acquisition and restructuring of OPTI Canada Inc. pursuant to the CCAA and CBCA
  • secured lender in the out of court restructuring of a major metal manufacturer in western Canada
  • principal secured creditors and stalking horse bidders in the receivership proceedings of WellPoint Systems Inc. and in the recognition proceedings under the United States Bankruptcy Code
  • principal secured creditor in the receivership of SQ Five Intelligent Oilfield Solutions
  • a large energy fund investing in oil and gas production royalties in its out of court restructuring
  • syndicated lenders and exit lenders of Trident Exploration Corp. and Trident Resources Corp. in their proceedings under the CCAA and Chapter 11 of the United States Bankruptcy Code
  • committee of independent directors in the CCAA proceedings of Canadian Superior Energy Inc.
  • a large oil and gas service company in its out of court restructuring through an M&A transaction
  • a significant oil sands lease holder and processor in its out of court restructuring through an M&A transaction
  • receivers and secured lenders of a number of farming and feedlot operators in the cattle and hog industries
  • mortgage insurer in connection with the CCAA proceedings of Riverfront Pointe Properties Inc. and Riverfront Pointe Partnership
  • secured lending syndicate and DIP lending syndicate in the CCAA proceedings of Cineplex Odeon Corporation
  • Deloitte & Touche Inc. as monitor in the CCAA proceedings of Confederation Treasury Services Limited
  • secured mortgage lender to Olympia & York’s Queen’s Quay terminal in Toronto in its CCAA proceedings
  • “voice over internet” phone service company in its proceedings under the CCAA
  • a group of unsecured creditors in the CCAA restructuring proceedings of the SemGroup
  • a syndicate of lenders to a major northern air, ground and sea transportation company in its out of court restructuring
  • a major pharmaceutical company in the CCAA proceedings of Red Cross
  • secured lender in the CCAA proceedings of Cadillac Fairview
  • secured lender in the CCAA proceedings of Bramalea
  • principal Western legal adviser to the Federal Service on Bankruptcy and Financial Rehabilitation in the reform of Russian Federation bankruptcy legislation
  • principal foreign legal advisor in the drafting of a model law on the restructuring and liquidation of insolvent banks for the Inter-Parliamentary Assembly of the Commonwealth of Independent States

Recent retainers in the financial services area include:

  • syndicated financing of an international oil and gas production company with facilities in India, Indonesia and Africa
  • financing of the development of a large gas production facility in India
  • financing of the construction and operation of significant infrastructure projects
  • syndicated financing of a gas production company
  • syndicated financing of a oil production company
  • syndicated acquisition and corporate conversion financing for the syndicate of a large gas producing income trust
  • acquisition, construction and corporate bilateral financing of a cross-country nursing home and retirement home real estate investment trust
  • construction financing of a wind power infrastructure project
  • bilateral financing of a national provider of rehabilitation services
  • syndicated financing of a seismic service company
  • syndicated and bilateral financings of oil and gas service companies
  • syndicated and bilateral financings of oil and gas production companies