Virginie Gauthier
Partner
- Year of Call, Ontario (1998)
- Year of Call, Quebec (1996)
Bio
Virginie Gauthier is a partner at Gowling WLG, based in the firm's Toronto office. Her practice is focused on insolvency and restructuring and encompasses a depth of knowledge in the areas of banking, corporate and commercial law.
Virginie has more than two decades of experience representing clients in court and helping them navigate complex domestic and cross-border transactions. Over the course of her career, she has represented a range of stakeholders in all manners of insolvency and restructuring proceedings, including debtors, court officers, potential purchasers, financial institutions and bondholder committees.
Virginie is a member of the Law Society of Ontario and the Québec Bar. She is also 2024 TMA Global DE&I Committee Member and a member of the Insolvency Institute of Canada. Virginie is a lecturer on advanced bankruptcy and insolvency law in the LLM program at Osgoode Law School, an examiner for the Office of Superintendent in Bankruptcy's Oral Board Exams, and has been recognized in several industry guides, including Chambers Canada, The Best Lawyers™ in Canada, the Canadian Legal Lexpert® Directory and IFLR1000.
Bio
Virginie Gauthier is a partner at Gowling WLG, based in the firm's Toronto office. Her practice is focused on insolvency and restructuring and encompasses a depth of knowledge in the areas of banking, corporate and commercial law.
Virginie has more than two decades of experience representing clients in court and helping them navigate complex domestic and cross-border transactions. Over the course of her career, she has represented a range of stakeholders in all manners of insolvency and restructuring proceedings, including debtors, court officers, potential purchasers, financial institutions and bondholder committees.
Virginie is a member of the Law Society of Ontario and the Québec Bar. She is also 2024 TMA Global DE&I Committee Member and a member of the Insolvency Institute of Canada. Virginie is a lecturer on advanced bankruptcy and insolvency law in the LLM program at Osgoode Law School, an examiner for the Office of Superintendent in Bankruptcy's Oral Board Exams, and has been recognized in several industry guides, including Chambers Canada, The Best Lawyers™ in Canada, the Canadian Legal Lexpert® Directory and IFLR1000.
Experience
Experience
Representative Work
- Counsel to Myra Falls Mine Ltd. in its CCAA proceedings
- Counsel to BJK Holdings Inc. as DIP lender and stalking horse purchaser in the CCAA proceedings of the Heritage Cannabis group
- Counsel to Red, White & Bloom Inc. as DIP lender, first-ranking secured creditor and stalking horse purchaser in the CCAA Proceedings of the Aleafia Health group of companies
- Counsel to the Court-appointed liquidator in the liquidation of Ontario Electronics Stewardship
- As plan of arrangement counsel to Sol Cuisine Ltd. in its $125.4 million transaction of PlantPlus Foods LLC
- As counsel to Cadillac-Fairview in the CCAA proceedings of the McEwan Group
- As counsel to Lakehead University in the CCAA Proceedings of Laurentian University
- As counsel to NextEra Marketing, in the CCAA proceedings of Just Energy
- As counsel to the King Street Food Group in its CCAA restructuring
- Counsel to Otéra Capital, first-ranking secured creditor, in the receivership proceedings of 33 Yorkville Inc.
- In the CCAA proceedings of Lydian Armenia, as counsel to Osisko, one of the three secured creditors
- Anvil Range Mining, counsel to the trustee in bankruptcy, Deloitte Restructuring Inc.
- Sears Canada Inc., as counsel to the Court-appointed Monitor FTI Consulting Inc. in the CCAA proceedings of Sears Canada Inc. and its affiliates
- As counsel to Pacific Exploration Corporation and Production (now Frontera Energy), a company dedicated to exploration and production of crude oil and gas, in its cross-border insolvency proceedings
- As counsel to Mobilicity in the context of its proceedings under the CCAA
- As counsel to the ad hoc committee of secured bondholders and DIP Lenders in the CCAA proceedings of The Cash Store Financial Services Inc.
- As Canadian counsel to the committee of secured noteholders in connection with the potential restructuring of a North American mining company
- As counsel to Caisse de Dépôt et Placement du Québec in connection with the CCAA proceedings of the Devonshire Trust (Commercial Paper)
- Nortel Networks Inc., as counsel advising the Nortel group of companies
Qualifications
Qualifications
Education
1995
McGill University, BCL/LLB
Languages Spoken
English
French
Memberships
- Canadian Bar Association
- Law Society of Ontario
- Barreau du Québec
- Turnaround Management Association
- Insolvency Institute of Canada
- IWIRC
Publications & speaking engagements
Publications & speaking engagements
Publications
Virginie is a frequent commentator and speaker in the areas of insolvency and restructuring. She has authored many articles including:
- “Guide to Insolvency in Canada” Chambers and Partners Insolvency Global Practice Guides (2021-2024).
- “Court-Appointed Liquidators Pursuant to Corporate Statutes: A Useful Mechanism That Protects All Stakeholders” (2022) Annual Review of Insolvency Law at 465.
- "Supreme Court of Canada: "Pre-post set-off rights can and should be stayed by an initial order"" Gowling WLG, Insight & Resources (16 December 2021).
- "Supreme Court of Canada confirms priority of court ordered charges in a CCAA proceeding," Fully Secured – Financial Services & Secured Lending Newsletter, Gowling WLG, also on Lexology.com, Aug. 24, 2021.
- "Recent Ontario Court of Appeal decision provides insight on the recognition of foreign orders," Fully Secured – Financial Services & Secured Lending Newsletter, Gowling WLG, also on Lexology.com, Aug. 17, 2021.
- "Bankrupt tenant: Can a landlord draw on a letter of credit after the trustee disclaims the lease?," People & Property – Real Estate Newsletter, Gowling WLG, also on Lexology.com, Feb. 9, 2021.
- "Rights of First Refusal and Options to Purchase in Insolvency Proceedings - Not Quite Insurmountable", Journal of the Insolvency Institute of Canada, Vol. 8-6, 2019.
- "Ontario Superior Court confirms third-party releases are permitted in BIA proposals," Lexology.com, Apr. 13, 2012.
- "The "mirror principle:" a partial "roll up" DIP order can be recognized under Part IV of the CCAA," Lexology.com, Jun. 20, 2012.
- "Sino-Forest: Ontario Court of Appeal upholds superior court decision on "equity claims"," Lexology.com, Nov. 27, 2012.
- "2010 Update on Insolvency Jurisprudence in Ontario," 6th Annual Pan-Canadian Insolvency and Restructuring Law Conference, Montreal, Sept. 13, 2010.
- "SCC confirms no crown priority for unremitted GS/QST in a bankruptcy," Lexology.com, Dec. 10, 2009.
- "Overview of Security Review Considerations" and "Security Review Checklist," OBA Conference Centre, Toronto, Oct. 26, 2009.
- "Hot Topics in Insolvency and Restructuring" (panel), CAIRP, 5th Annual Commercial Insolvency and Restructuring Session, Toronto, April 23, 2009.
- "Perfectionner l'enregistrement, la documentation et l'exécution des garanties au Canada et aux États-Unis," Sixième conférence avancée sur le financement et les sûretés, The Canadian Institute, Montreal, Jan. 28-30, 2009.
- "Anticipated Amendments to Federal Insolvency Statutes: New Statutory Charges and Priorities," The Six Minute Debtor-Creditor & Insolvency Lawyer Conference, Law Society of Upper Canada, Toronto, April 22, 2008.
- "The Personal Property Security Act (Ontario)" and "The Securities Transfer Act (Ontario): An Overview," The Canadian Institute, Toronto, March 6, 2008.
Speaking engagements
Speaking engagements over the last 10 years include:
- Insolvency Institute of Canada, October 20, 2023, “Pacta sunt Servando. Or not.”
- Canadian Association of Insolvency and Restructuring Professionals (CAIRP), September 12, 2023, “Sector Focus: Commercial Real Estate”.
- Insolvency Insider Real Estate Conference, May 24, 2023, “Contested Receiverships vs CCAA Applications”.
- The Advocates’ Society, February 14, 2023, “Digging Your Way Out of a Hole: Restructuring Complex Real Estate Developments”.
- Annual Review of Insolvency Law, February 3, 2023, “A Kindler, Gentler Process? The Increasing use of Corporate Statutes in Canada to Restructure and Liquidate Distressed Entities”.
- Association du Barreau Canadien, April 22, 2022, “La Loi sur la Faillite et L’insolvabilité et les Restructurations”.
- Annual Review of Insolvency Law Conference, February 4, 2022, “Use of French in CCAA Proceedings”.
- Annual Review of Insolvency Law Conference, February 4, 2022, “L’utilisation du français dans les procédures de la LACC”.
- Year-end Legal Review for In-House Counsel (Gowling WLG LLP), November 29, 2022, “Focus on Insolvency and Restructuring Trends”.
- Canadian Bar Association, CBA French Speaking Common Law Members Online Symposium, April 22, 2022.
- Annual Review of Insolvency Law Conference, February 26, 2021, “Estate Litigation – Governance & Finance”.