Partner

100 Wellington Street West, Suite 3200
P. O. Box 329
Toronto, ON, M5K 1K7

+1 416 304 0559

Litigation Star

Top 100 Women in Litigation


Practice area:

Insolvency


D.J. Miller is a partner in the insolvency and restructuring group of TGF and has represented all types of stakeholders in complex restructuring proceedings and insolvency litigation for more than 25 years.  D.J. is currently representing the first public university in Canada to undertake a restructuring under insolvency legislation, in a proceeding commenced under the Companies’ Creditors Arrangement Act. Other mandates include acting as lead Canadian insolvency counsel for the largest single creditor in the worldwide Nortel Networks insolvency proceedings, in successfully obtaining a decision of the Canadian and US Courts allocating US$7.3 billion of sale proceeds on a pro rata basis among 40 worldwide insolvency estates in 19 countries.


D.J. is considered a “go-to” counsel for stakeholders who are looking for creative advice to achieve effective outcomes both within, and outside of, formal court proceedings. She is known for her deep knowledge of the insolvency framework, both Canadian and international, and for applying analytical skills and strategic thinking to achieve successful outcomes for her clients. Precedent-setting outcomes include obtaining the first pre-filing stay of proceedings under Canada’s main insolvency statute, in connection with a successful Chapter 11 proceeding commenced in the US. D.J. has extensive experience on the deal side of restructurings as well as insolvency litigation, and has appeared before every level of court in Canada.


Regular clients include lenders, companies requiring restructuring advice, court-appointed officers such as Monitors and Receivers, landlords and other stakeholders in insolvency proceedings, and counsel in foreign jurisdictions who request advice in connection with cross-border matters, or for clients with interests in Canada.


Recognized as “Insolvency Litigator of the Year” (2022, 2018 and 2016) by Benchmark Canada, D.J. is also the recipient of a Lexpert Zenith award (2017), TMA Toronto “Exemplar” award (2017) and is consistently recognized as a leading lawyer in industry and peer ranking publications including Chambers Global, Chambers Canada, Who’s Who Legal and the Lexpert Guide to Leading Lawyers in Canada.


D.J. is active in speaking, authoring articles and contributing to a number of industry organizations including the International Insolvency Institute, Turnaround Management Association (TMA), Insolvency Institute of Canada, The Advocate’s Society, and the Annual Review of Insolvency Law. Leadership roles within the industry include:

  • Co-Chair of the Canada/ US/ Caribbean Region – International Insolvency Institute
  • Member of the Executive Board – TMA Global
  • Past President of the Toronto Chapter of TMA
  • Have taught entire courses or guest lectured at three Ontario law schools

Recent Representative Mandates:

  • Counsel to Laurentian University of Sudbury, the first publicly university in Canada to be restructured pursuant to insolvency legislation.
  • Counsel to Alvarez & Marsal Canada Inc. as court-appointed Monitor of Lydian International and its related entities in a multi-jurisdictional restructuring, including the first foreign recognition of insolvency proceedings to occur in Jersey, Channel Islands.
  • Counsel to Ernst & Young Canada Inc. as court-appointed Monitor of Peraso Technologies Inc. in its CCAA restructuring and Chapter 15 U.S. recognition proceedings.
  • Counsel to the Applicant lender which sought and obtained the appointment by the Court of a Receiver over the Comsale Group of Companies in a multi-jurisdictional proceeding for the recovery of assets in Canada, the U.S. and Malaysia.
  • Canadian counsel for SquareTwo Financial Corporation and its Canadian and US subsidiaries in Chapter 11 and CCAA recognition proceedings, with respect to a US$400 million prepackaged restructuring plan.

 

Updated July 2022