Kyle D. Kashuba

Partner

Kyle D. Kashuba

Calgary

T:+1 403.267.8399

F:+1 403.264.5973

Kyle Kashuba practises financial insolvency and corporate restructuring, and commercial litigation. He also has considerable experience with litigation involving corporate and shareholder disputes.

Mr. Kashuba works extensively in the area of commercial and corporate disputes with an emphasis on litigation in the oil and gas industry. He has acted on numerous multi-million dollar files involving the Companies’ Creditors Arrangement Act, the Bankruptcy and Insolvency Act, receivership proceedings and international commercial arbitration.

In this role he has served as counsel to numerous insolvency professionals in their capacity as monitors, receivers, trustees and otherwise, as well as to various secured and unsecured creditors, purchasers and prospective purchasers, and financially challenged corporations both public and private. Mr. Kashuba was recently appointed as amicus curiae counsel to the Court of Appeal of Alberta in a complex insolvency case. He has also represented parties in a wide range of legal proceedings including major contractual disputes, franchise litigation, judgment-debt enforcements, builder’s lien and construction claims, and the defence of professional negligence claims.

Mr. Kashuba has attended on numerous matters in the Provincial Court of Alberta, the Court of Queen’s Bench, the Alberta Bankruptcy Court and the Court of Appeal of Alberta, as well as before various administrative tribunals. He has also received training and experience in mediation and other forms of alternative dispute resolution.

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  • Year of call
    Alberta 2006
  • Law school
    LL.B., University of Alberta, 2005
  • Education
    B.A., University of Calgary, 2002
  • Speaking engagements
    • “U.S. Chapter 11 and Chapter 7 Bankruptcy Proceedings,” Annual Young Insolvency Professionals Conference, Las Vegas, NV, May 2012.
    • “The U.S. Bankruptcy Code: A Canadian Perspective,” presentation and paper, Calgary Energy Credit Marketing Group, April 2012.
    • “Restructuring and Insolvency 101,” presentation and paper, Canadian Bar Association Insolvency and Young Lawyer Sections, January 2012.
    • “Fraud and Corruption: Preventing Fraud and Conducting Investigations,” presentation and paper, Calgary association of in-house counsel, September 2011.
    • “Recovery, Insolvency, Bankruptcy and Arrangements in Canada,” presentation and paper, presented to various groups of banking and accounting firm clients, March 2011.
    • “Insolvency Issues for Commercial Landlords: Facing the Insolvency of a Tenant,” presentation and paper, presented to group of Calgary real estate firm clients, January 2011.
    • “Midmarket Commercial Technical Update of Key Canadian Insolvency Jurisprudence,” presentation and paper, The 2010 CAIRP Insolvency and Restructuring Forum, May 2010.
    • “Commercial Landlords and the Civil Litigation Process,” presented to group of Calgary real estate firm clients and property management companies, 2010.
    • “Royal Bank v. Body Blue: Intellectual Property Rights in Bankruptcies and Receiverships,” presentation and paper, presented to group of Calgary Chief Information Officers, 2009.
    • “Business Interruption Losses - No Harm No Foul,” The Canadian Risk Insurance Management Conference, September 2006.
  • Publications
    • “Recovery, Insolvency, Bankruptcy and Arrangements in Canada,” report to clients, April 2012
    • “The Doctrine of Judicial Estoppel in Canada: The Overriding Duty of the Court,” The 2011 CAIRP Insolvency and Restructuring Forum, February 2011
    • “Liability of Directors and Officers for Retention Bonuses,” Human Resources Association of Calgary, 2009
  • Selected client work

    Mr. Kashuba has acted in the following matters:

    • Acted on behalf of major banks, mezzanine lenders, and various other financial institutions and creditors in proceedings under the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act and in the receivership context
    • Counsel to receivers, monitors, trustees in bankruptcy, purchasers and prospective purchasers of assets, land and shareholding interests in numerous resolved and ongoing insolvency proceedings
    • Acted as amicus curiae to the Court of Appeal of Alberta in an insolvency-related appeal case, involving the constitutionality of the interplay of the Bankruptcy and Insolvency Act, the Income Tax Act, the Excise Tax Act and the Civil Enforcement Act
    • Acted as regular first-chair counsel in various litigation proceedings concerning rights, royalties, remedies and priorities under oil and gas operating agreements, and also acted as co-counsel on a major construction claim in the oil sands industry, regarding international commercial arbitration, delay claims, business interruption losses, negligence and complex insurance claims concerning the denial of coverage and claims against a broker
    • Litigation concerning fraudulent preferences, reviewable transactions and the preparation and execution of Anton Piller orders
    • Counsel for a major electrical distribution services provider in the defence of number of property and commercial claims
    • Local and extra-provincial clients concerning the enforcement of foreign judgments in Alberta and across Canada, including the seizure and sale of land and assets
    • Numerous matters concerning shareholders' litigation, oppression claims, allegations of inappropriate corporate governance, the appointment of inspectors and the discharge of the same
    • Counsel to various insolvent and financially distressed corporations, both public and private, involved in insolvency and pre-filing proceedings
  • Rankings and recognitions
    • R. John Adams & Agnes Adams Prize in Oil and Gas Law, 2005  
    • First place in the William Morrow Essay Competition, 2006
    • James Alexander Bryce (Sandy) Burgess Memorial Award, 2005  
    • Advocate in Western Canada Trial Moot 2005 and Coughlin Moot, 2004
    • Various undergraduate and Faculty of Law awards and merit based bursaries
  • Memberships and activities
    • Chair and Executive Member, Canadian Bar Association (Insolvency Subsection)
    • Canadian Association of Insolvency and Restructuring Professionals (CAIRP)
    • INSOL International 
    • Turnaround Management Association  
    • Past Chair, Canadian Bar Association (Young Lawyers Section)
    • Golden Key Society, University of Alberta Division
    • Former Member, Alberta Residential Tenancies Advisory Committee
    • Calgary Bar Association
    • Law Society of Alberta
    • Supervising Lawyer, Pro Bono Students Canada
    • Volunteer, Calgary Legal Guidance
    • Volunteer, Calgary John Howard Society
    • Former Board Member and Member of Management Committee, Student Legal Services of Edmonton