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Aubrey E Kauffman Toronto Lawyer

Aubrey E. Kauffman

Partner Fasken
Meritorious litigation claims are valuable assets, however cost and risk often discourage their pursuit.
Jurisdiction Ontario, 1979
Language(s) English
Office(s) Toronto
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Overview

Aubrey Kauffman’s practice is focused on advocacy matters related to domestic and cross-border bankruptcy, insolvency and restructuring proceedings.

Aubrey is the 2019 recipient of the Ontario Bar Association Murray Klein Award for Excellence in Insolvency Law. In addition, in  2019, he was named a Fellow of the prestigious Insolvency Institute of Canada after completing his 2nd term as a director.

A highly seasoned litigator and advisor, Aubrey has acted in many high-profile insolvency proceedings, advising a variety of stakeholders including court officers, debtors, directors and officers, creditors at all levels of the capital structure and government agencies.

Aubrey is also an Adjunct Professor of Law at Osgoode Hall Law School, where he teaches the Bankruptcy and Insolvency Course.

A certified specialist in Bankruptcy and Insolvency and Civil Litigation by the Law Society of Ontario, Aubrey has been recognized by Chambers Canada, the Canadian Legal Lexpert Directory and Who’s Who Legal.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Insolvency & Financial Restructuring - Insolvency Litigation, Canadian Legal Lexpert Directory 2025 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 Consistently Recommended in Insolvency & Financial Restructuring, Canadian Legal Lexpert Directory 2015 to 2026
  • Recognized nationwide in Canada in Restructuring/Insolvency, Chambers Global 2014 to 2026
  • Recognized in Insolvency & Financial Restructuring Law in Toronto, The Best Lawyers in Canada 2006 to 2026
  • Recognized as Recommended in Restructuring & Insolvency, Lexology Index 2021 to 2025
  • Recognized nationwide as Highly Regarded in Restructuring and Insolvency; Aviation, Banking, Financial Services and Pharmaceuticals and Life Sciences, IFLR 1000 2014 to 2024
  • Recognized as one of Lawdragon’s 500 Global Restructuring & Insolvency Lawyers for 2020, Lawdragon 2020
  • Recognized in Environmental Law in Toronto, The Best Lawyers in Canada 2020

Experience

  • Waterfall Asset Management refinances C$350 million Canadian credit arrangements in connection with cross-border bankruptcy proceeding, [Deal - Waterfall Asset Management], American alternative investment management company restructures debt financing.
  • 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.
  • Dignio AS indirectly acquires the assets of AceAge Inc., a Canadian health technology company, [Deal - Dignio AS], Norwegian health technology company acquires the assets of a Canadian manufacturer of medication dispensers
  • Acquisition and financing of 112 Nelson Street, Ottawa, Ontario, [Deal - Forum Investment and Development Corporation], Purchase from MNP Ltd., Receiver, of 112 Nelson Street, Ottawa ON
  • Feronia Inc.'s assets acquired by Feronia KNM., [Deal - Mafuta Investment Holding], Fasken acted for Mafuta, an indirect shareholder (through Straight KKM 2 Limited (“KKM”)) of a Canadian public company, Feronia Inc. (“Feronia”).  Feronia, through a Belgium subsidiary and a Congolese subsidiary, operate a palm oil plantation in the Democratic Republic of Congo (“DRC”) employing ...
  • Sirron Systems Inc. v. Scott, Pichelli & Easter Limited, [Case - Chubb Insurance Company of Canada], Defended Scott, Pichelli & Easter Limited in a claim commenced by Sirron Systems Inc. in connection with the administration of the bankruptcy estate of Insight Engineering Inc.  Fasken advised Scott, Pichelli & Easter Limited (correct) with a team led by Aubrey Kauffman and included Dylan Chochla
  • Insolvency proceedings of Dundee Energy Limited Partnership, [Deal - National Bank of Canada], The proposal proceedings under the Bankruptcy and Insolvency Act (“BIA”) are the first known proposal proceedings involving oil and gas assets in Ontario.
  • Represented Ivanhoe Cambridge in a dispute with Arden Holdings Inc. regarding the forced assignment of a retail lease in Arden’s proposal proceedings under the Bankruptcy and Insolvency Act (Canada)., [Deal - Ivanhoe Cambridge Inc.], Represented Ivanhoe Cambridge in a dispute with Arden Holdings Inc. regarding the forced assignment of a retail lease in Arden’s proposal proceedings under the Bankruptcy and Insolvency Act (Canada). Fasken advised Ivanhoe Cambridge with a  team led by Aubrey Kauffman which included Dylan Chochla.
  • Successfully defended Schonfeld Inc., in its capacity as Court-appointed receiver, against a claim commenced against it by the debtors in connection with the administration of the receivership estate, [Case - Schonfeld Inc.], Successfully defended Schonfeld Inc. ("Schonfeld"), in its capacity as Court-appointed receiver, against a claim commenced against it by the debtors in connection with the administration of the receivership estate. Also successfully defended an appeal by the debtors from the decision of the Ontar...

Career & Education

Education

  • ICD.D, Directors Education Program
  • LLB McGill University
  • BCL McGill University

Memberships & Affiliations

  • Fellow, Insolvency Institute of Canada
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Former Chairman, Ontario Bar Association - Insolvency Section
  • Member, INSOL
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association (Toronto branch)
  • Institute of Corporate Directors, ICD.D, July 2015
  • Adjunct Professor of Law at Osgoode Hall Law School

Knowledge

  • Fasken’s 2025 Insolvency Insights, 2/11/2026
  • Fasken 2023 Insolvency Insights, 1/31/2024
  • Bill C-228: Death Knell for Private Sector Defined Benefit Pension Plans?, 12/13/2022
  • Ontario Court reinforces use of CCAA disclaimer provisions in the context of a sale process, 8/15/2012

Events

News

  • Aubrey Kauffman Named a Fellow of the Insolvency Institute of Canada, 11/15/2019
  • Aubrey Kauffman Receives the 2019 OBA Murray Klein Award of Excellence in Insolvency Law, 6/20/2019
  • Fasken Litigators Profiled in Lexpert’s Special Edition on Litigation in Globe and Mail’s ROB, 11/30/2018
  • 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
  • Lexpert Highlights Fasken Lawyers in Litigation, 12/13/2017
  • 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

  • Indalex, Shmindalex - Part II: The Revenge!, 4/1/2013
  • Interrupted! Understanding Bankruptcy's Effects on Manufacturing Supply Chains, 12/1/2012
  • Cross-Border Group Filing: "COMI" in Canada Takes Shape (and Comes Full Circle), 11/30/2011
  • Chapter 15 Five Years Out - a Canadian Perspective: Treatment of Cross-Border Insolvencies in United States Courts, 5/13/2010
  • Restructuring in Canada: The (Updated) Insolvency System North of the Border, 1/13/2010
  • Trekking Cross-Border Bankruptcy Sales, 10/16/2009
  • September 18, 2009 – Canada's Insolvency Reforms in Force, 8/7/2009
  • 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
Article Cross-Border Group Filing: "COMI" in Canada Takes Shape (and Comes Full Circle) American Bankruptcy Institute International Committee Newsletter

Speaking Engagements

  • Creative Tools for Unlocking the Value of Litigation Claims, 6/2/2016
  • Understanding Insolvency’s Effects on the U.S. and Canadian Supply Chain, 7/17/2013
  • Chapter 11 101 – An Overview of U.S. Restructurings with a Canadian Garnish, 6/9/2013
  • Interrupted! Understanding Insolvency’s Effects on the Canadian and US Supply Chain, 5/19/2013
  • Development of Case Law Resulting from the 2009 Amendments to the BIA and CCAA, 11/14/2012
  • Canadian Treatment of Eligible Financial Contracts in an Insolvency Environment, 10/14/2012
  • Pre-Pack Sales, 5/16/2012
  • Cross-Border Bankruptcy and Insolvency Proceedings in the United States and Canada - How Does It Work and What Is The Current Landscape, 3/11/2012
  • IIC Annual Conference & General Meeting, 10/8/2011
  • Insolvency Law and Labour Law, 6/18/2011
Creative Tools for Unlocking the Value of Litigation Claims location location Toronto
Understanding Insolvency’s Effects on the U.S. and Canadian Supply Chain North American Retail Industry Credit Group location location Alexandria
Chapter 11 101 – An Overview of U.S. Restructurings with a Canadian Garnish 21st Annual Canadian Conference, International Energy Credit Association location location Banff