Norton Rose Fulbright Canada LLP
Related services and key industries
Arad Mojtahedi practises in all areas of corporate and commercial litigation, particularly in the areas of insolvency and corporate restructuring. Before joining our Montréal office, Mr. Mojtahedi practised civil and commercial litigation with a leading national firm, providing services to public and private companies.
Mr. Mojtahedi is president of the Young Lawyers Section of the Canadian Bar Association – Quebec Division. He appears frequently before the Quebec Superior Court and has advised and represented clients before the Quebec Court of Appeal and the Supreme Court of Canada. During law school, he served as a law clerk to Mr. François Doyon of the Court of Appeal of Quebec.
- Quebec 2016
Mr. Mojtahedi has acted as counsel to the following entities as part of their restructuring proceedings under the Companies' Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA):
- Groupe Dynamite Inc. / Garage (2020): Our office is acting for Deloitte Restructuring Inc., the court-appointed CCAA monitor, in the CCAA proceedings of the Dynamite/Garage Group and its affiliates. The Dynamite/Garage Group is a major player in the Canadian fashion retail industry that employs nearly 3,000 people and operates more than 300 stores in Canada and in the United States. Restructuring of the over $360 million debt is central to the efforts deployed.
- Modasuite Inc. / Frank and Oak (2020): Our office acted on behalf of KPMG Inc., trustee in the context of the notice of intention to make a proposal pursuant to the BIA presented by Modasuite Inc./Frank and Oak.
- La Cordée Plein Air Inc. (2020): Our office acted for La Cordée Plein Air Inc., a Montreal-based chain of outdoor recreation and sports stores, in its successful BIA restructuring proceedings.
- Nemaska Lithium Inc. (2020): Our office is acting for Investissement Québec (IQ) in the proceedings of Nemaska Lithium Inc. and its affiliates pursuant to the CCAA. IQ acquired the business with a consortium it formed with the Pallinghurst Group. Our team played a key role in setting up an innovative structure (reverse vesting order) to complete the acquisition of the enterprise, which already stands as a precedent for other insolvency transactions carried out elsewhere in Canada. The transaction includes investments of over $600 million.
- Spectra Premium (2020): Our team is acting for Ernst & Young Inc., the court-appointed CCAA monitor, in the Spectra Group's CCAA restructuring procedure. Spectra is an after-market automotive parts and tools business with activities in Canada and the United States. This case is proof of our cross-border team's strength, seeing as the restructuring procedures are being carried out in our New York office under Chapter 15 of the Bankruptcy Act, and in our Montréal office for the Canadian portion of the restructuring. This restructuring of a debt of over $250 million is central to the efforts deployed.
- Sail Plein Air Inc./Sail Outdoors Inc. (2020): Our office acted on behalf of Wells Fargo, first-ranking secured creditor for nearly $60M, as part of Sail Outdoors' restructuring proceedings.
- Stornoway Diamond Corporation (2019): Our office acted for the Stornoway Group in the restructuring proceedings initiated under the CCAA. In the end, the recovery of a debt in excess of $1 billion was carried out with the support of the secured creditors and allowed the Plan Nord's flagship project, Renard Mine, to pursue its activities and protect over 500 jobs.
- VA Transport Group (2018-19): Our office acted for the debtor companies VA Transport and its affiliates in their restructuring. A plan of arrangement supported almost unanimously by the creditors of VA Transport Group was approved by the Court, allowing the company specialized in furniture transportation in Canada and the United States to continue its operations and, as a result, to save more than 220 jobs.
- Sears Canada Inc. (2017-20): Our office is acting as counsel to the court-appointed Monitor FTI Consulting Inc. in the CCAA proceedings of Sears Canada Inc. and its affiliates.
- Bloom Lake & Wabush Mines (2017-20): Our office is acting as counsel to the court-appointed Monitor FTI Consulting Inc. in the CCAA proceedings of Bloom Lake General Partner Limited, Wabush Iron Co. Limited and their affiliates.
- "In Search of a Purpose: The Rise of Super Monitors & Creditor-Driven CCAAs" (co-author: Luc Morin), Ann. Rev. Insol. L. 203, 2019.
- "What Did You Expect? Equity Claims, Shareholders and the Insolvent Corporation" (co-author: Luc Morin), Ann. Rev. Insol. L. 753, 2018.
- "My Cash and I: Cash Collateral Is Finally King in Quebec," research assistant to Sterling H. Dietze, 31 B.F.L.R. 349.
- "Reversal of Fortune: The Rise of Creditor Driven CCAAs" (co-speaker), 17th Annual Review of Insolvency Law, February 7, 2020.
- "Hostage Payments" (co-speaker), CAIRP Insolvency and Restructuring Forum, Montreal, May 28, 2018.
- Canadian Bar Association, president of the Young Lawyers Section, Quebec Division
- Turnaround Management Association, member of the NextGEN Committee
- Young Bar Association of Montreal
Publication | October 15, 2020
Authority to bar a creditor from voting and litigation funding as interim financing: The Supreme Court of Canada’s ruling in Bluberi
Publication | October 2020
Publication | August 6, 2020
Publication | May 26, 2020