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 partner in the Calgary office of Gowling WLG, practising in the corporate restructuring, insolvency and financial services areas. He leads the restructuring practice group in the Calgary office.

Tom primarily focuses on the restructuring, insolvency and liquidation of large and mid-market corporate debtors in proceedings under the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act, the federal and provincial Business Corporations legislation, the Winding-Up and Restructuring Act and the Judicature Act.  He has represented a variety of stakeholders, including secured lenders, court officers, debtors and purchasers. He has extensive experience in both domestic and cross-border proceedings. He has appeared before the Court of Queen’s Bench of Alberta, the Alberta Court of Appeal and the Supreme Court of Canada. Tom was co-counsel to the receiver in the Orphan Well Association v. Grant Thornton Ltd. at the Supreme Court of Canada, an important decision dealing with oil and gas producer insolvencies.

Tom has also been actively involved in all stages of debt financing, including syndicated credit facilities, project and acquisition loans, structured financings, subordinated debt, asset-based loans and debtor-in-possession financings. He has represented lendings, syndication agents and borrowers in transactions in oil and gas production and services, manufacturing, retirement and nursing home, construction, hospitality and recreation industries.

Tom has provided legal and public policy advice to governments and interest groups on legislation relating to insolvency and the regulation of financial institutions.

Prior to joining Gowling WLG's Calgary office in 2001, Tom practised out of the firm's Toronto office for 12 years.

Career & Recognition

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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