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Stuart Brotman Toronto Lawyer

Stuart Brotman *

Partner | Co-Leader, Insolvency & Restructuring Fasken
Jurisdiction Ontario, 2000
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Stuart Brotman is Co-Leader of the firm's Insolvency and Restructuring Group. Acting in all nature of insolvency proceedings, Stuart assists clients in bankruptcy, receivership and restructuring under the Companies' Creditors Arrangement Act (CCAA), the Bankruptcy and Insolvency Act, the Canada Business Corporations Act and the Winding-up and Restructuring Act.

Stuart has considerable cross-border experience, having advised clients under the CCAA and Chapter 15 of the United States Bankruptcy Code. Advising both private and public companies, these clients include a broad range of stakeholders, including debtors, creditors, suppliers, customers and other contracting parties and monitors, receivers and trustees in bankruptcy. He also frequently represents prospective purchasers in pursuing and completing asset sales in domestic and cross-border insolvency proceedings.

Stuart is regularly involved in lending transactions, advising primarily on recovery and intercreditor issues. He has particular experience with the interaction between traditional bank financing and alternative financing in the mining sector (eg., streaming and royalties). Stuart also maintains an active commercial litigation practice.

An active speaker, Stuart regularly writes and presents on topics related to insolvency and creditors’ rights. Stuart is a member of the prestigious Insolvency Institute of Canada. He is recognized by Chambers Canada, the Canadian Legal Lexpert Directory, among other publications.

Achievements

  • Recognized as a Thomson Reuters Stand-out Lawyer, Thomson Reuters stand-out lawyers 2024 to 2026
  • Recognized nationwide in Restructuring/Insolvency, Chambers Canada 2017 to 2026
  • Recognized in Ontario as a Litigation Star in Insolvency, Benchmark Litigation Canada 2017 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Insolvency & Financial Restructuring, Canadian Legal Lexpert Directory 2015 to 2026
  • Recognized nationwide in Canada in Restructuring/Insolvency, Chambers Global 2009 to 2026
  • Recognized in Insolvency and Financial Restructuring Law in Toronto, The Best Lawyers in Canada 2018 to 2026
  • Recognized in Insolvency, Lexpert 500 Cross Border Directory (formerly ALM 500) 2026
  • Recognized as Recommended in Restructuring & Insolvency, Lexology Index 2021 to 2025
  • Recognized nationwide as Highly Regarded in Restructuring and Insolvency, IFLR 1000 2019 to 2025
  • Excellence Awardee in the Insolvency and Restructuring category of Lexpert's 2023 Awards of Excellence for Top Deals, Lexpert 2023

Experience

  • Voyager Digital Ltd. files for chapter 11 proceedings under the Companies’ Creditors Arrangement Act, [Deal - Voyager Digital Ltd.], Publicly traded cryptocurrency platform commences CCCA proceedings.
  • National Bank of Canada and Macquarie Bank Limited co-lead international lending syndicate in the provision of aggregate C$425 million credit facilities for BW Gold Ltd., [Deal - A syndicate of lenders led by National Bank of Canada and Macquarie Bank Limited], Financing to partially fund the construction, development, commissioning and other costs associated with the operation of a mine at the Blackwater Gold Project in British Columbia, Canada
  • The Bank of Nova Scotia, Bank of Montreal and National Bank of Canada co-lead international lending syndicate in US$1 billion credit facility re-financing for NFI Group Inc., [Deal - A syndicate of lenders led by The Bank of Nova Scotia, Bank of Montreal and National Bank of Canada], Canadian banks lead syndicate of international lenders in credit facility amendment for a leading provider of sustainable bus and motor coach solutions
  • BNP Paribas hedges CCCA Proceedings of Harte Gold Corp., [Deal - BNP Paribas], International bank completes assignment of rights and obligations for independent Canadian gold producer.
  • First Commercial Bank and msi Spergel Inc. recover debt in ZM Global Inc. receivership proceedings, [Deal - First Commercial Bank and msi Spergel Inc.], Receivership proceedings of furniture importing business.
  • Gordon Brothers and Hilco Streambank lead liquidation of Canadian Le Château stores, [Deal - Gordon Brothers and Hilco Streambank], Joint venture liquidation of inventory and equipment of Canadian clothing retail chain.
  • Issuance of a $20 million convertible debenture to The Co-operators Financial Services Limited by Smart Employee Benefits Inc., [Deal - Co-operators Financial Services Limited], $20 million strategic financing completed.
  • Advised CCAA Proceeding of Beleave Inc. and certain of its subsidiaries licensed under the Cannabis Act (Canada), [Deal - Grant Thornton, Limited], Acting for Grant Thornton Limited, as Court-appointed Monitor of the Beleave Group in its restructuring proceedings under the Companies’ Creditors Arrangement Act. Beleave Group is a licensed cannabis producer in Canada. Fasken advised Grant Thornton Limited with a team led by Dylan Chochla and ...
  • Tiger Asset Solutions Canada, ULC and GA Retail Canada ULC lead liquidation of certain GNC Canada stores, [Deal - Tiger Capital and Great American Group], Joint venture liquidation of inventory and equipment of health and nutrition related products retailer.

Career & Education

Education

  • LLB Osgoode Hall Law School at York University
  • MBA York University
  • BA (ASC) University of Western Ontario

Memberships & Affiliations

  • Member, Law Society of Upper Canada
  • Member, Insolvency Institute of Canada
  • Past President and Director, Turnaround Management Association (Toronto Chapter)
  • Member, International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association - Insolvency Section
  • Member, American Bankruptcy Institute
  • Member, Advocates' Society

Knowledge

  • Fasken’s 2025 Insolvency Insights, 2/11/2026
  • Fasken's 2024 Insolvency Insights, 2/21/2025
  • Fasken 2023 Insolvency Insights, 1/31/2024
  • Dealmaking in the Downturn, 2/9/2023
  • Dianor Resolved – Jurisdiction to Vest Off Interests in Land Upheld, but GORs Hard to Impair, 6/19/2019

Events

  • Cannabis Law Webinar Series: Restructuring Cannabis Companies, 11/30/2021
  • Current Issues Facing Canadian Mining, 6/1/2020
  • Business and Legal Roundtable: Updates and Trends for the Canadian Market - COVID-19 and Beyond, 5/27/2020
  • Developments in the Law Regarding Royalty Interests and Debt Recapitalizations, 3/2/2020
  • Ethical Hot Spots for In-House Counsel, 6/6/2019
  • Recent Trends in Corporate Liability of Canadian Parent Companies, 11/18/2016
  • In Troubled Waters: Navigating Restructuring Alternatives Available to Mining Companies, 2/26/2015
  • Toronto Fasken Martineau Symposium (2nd Edition), 5/24/2012

News

  • Insolvency Partners Choose Fasken for Next Chapter, 11/1/2022
  • The Globe and Mail quotes Stuart Brotman in an article about how retailers are fighting to outlast pandemic shutdowns, 12/25/2020
  • The Globe and Mail quotes Stuart Brotman in an article about companies turning to legal strategies to stave off messy bankruptcies, 11/8/2020
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Fasken Doubles Top Tier Rankings in Legal 500 Canada 2018, 12/7/2017
  • Forty-Seven Partners and Eleven Practice Areas listed by IFLR 1000 Financial and Corporate 2017, 10/17/2017
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017

Publications

  • Overview of the Wage Earner Protection Program, 10/24/2012
  • Chapter 15 Five Years Out - a Canadian Perspective: Treatment of Cross-Border Insolvencies in United States Courts, 5/13/2010
  • Trekking Cross-Border Bankruptcy Sales, 10/16/2009
  • Ethics and Advising the (Nearly) Insolvent Client, 5/25/2009
  • US Debtors Beware Of Slipped DIPs In Canada, 4/9/2009
  • New Labor Priorities in Canadian Insolvency Law Give Super Priority Status for Hockey Moms, Dads and the Rest of the Canadian Workforce, 1/1/2009
  • Cross-border Nuances in Bankruptcy Law, 7/14/2008
  • Being Prepared for Bankruptcy in Canada, 5/12/2008

Speaking Engagements

  • Dealmaking in the Downturn, 1/12/2023
  • Ethical Hot Spots for In-House Counsel, 6/6/2019
  • Claims Trading in a Cross-Border World, 11/7/2018
  • The Rise and Fall of Cryptocurrencies, 10/19/2018
  • Recent Trends in Corporate Liability of Canadian Parent Companies, 11/18/2016
  • Directors' Liabilities in the Zone of Insolvency, 2/27/2014
  • Managing Injunctions and Other Urgent Proceedings, 6/13/2007
  • Ethics and Advising the (Nearly) Insolvent Client
  • An Introduction to Restructuring under the CCAA
  • Mid-Market Commercial Update