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. Mr. Mojtahedi provides practical counsel to and represents the interests of public and private companies, trustees, monitors, investors, creditors, shareholders, directors and stakeholders in insolvency matters.
Mr. Mojtahedi appears frequently before the Superior Court and has advised and represented clients before the Court of Appeal and the Supreme Court of Canada. He is the president of the NextGen Committee of the Turnaround Management Association (Montreal chapter), was the former president of the Young Lawyers Section of the Canadian Bar Association (Quebec division) and represents individuals in pro bono matters.
Mr. Mojtahedi is a frequent speaker on restructuring matters, and a contributor to the Annual Review of Insolvency Law and the looseleaf volume JurisClasseur Québec - Faillite et insolvabilité published by LexisNexis Canada. During law school, he served as a law clerk to the Honourable Justice François Doyon of the Court of Appeal of Quebec.
- Quebec 2016
Mr. Mojtahedi frequently acts as counsel in restructuring proceedings under the Companies' Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA), including the more recent proceedings listed below:
- Groupe Selection (2023): Our team is acting for National Bank of Canada, in its capacity as agent for the lending syndicate comprising major Canadian banks and financial institutions, senior lenders of Groupe Sélection in the context of its restructuring process under the CCAA. The total indebtedness of Groupe Sélection, one of the most important seniors housing facilities in Canada, is in excess of $1.5 billion. This is a rare case where a competing CCAA application filed by creditors was approved by the court as the preferred alternative over the restructuring initiated simultaneously by the company and its management.
- Zenabis Group (2022): Our office acted for Zenabis Global Inc. and certain of its subsidiaries in the context of their restructuring efforts under the CCAA. Zenabis Group is a Canadian medical and recreational cannabis cultivator.
- Spectra Premium (2020-22): Our team is acting for Ernst & Young Inc., the court-appointed CCAA monitor, in the Spectra Group's CCAA restructuring procedure, which involved over $250 million of debt. Spectra is an after-market automotive parts and tools business with activities in Canada and the United States. The restructuring procedures were carried out in our New York office under Chapter 15 of the Bankruptcy Act, and in our Montreal office for the Canadian portion of the restructuring.
- Groupe Dynamite Inc. / Garage (2020): Our office acted 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. Successful restructuring of over $360 million debt pursuant to a near unanimously approved plan of arrangement was central to the efforts deployed.
- 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 acted 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.
- 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. (2017-22): Our office acted 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 acted 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.
- Best Lawyers: Ones to Watch in Canada: Insolvency and Financial Restructuring Law, Corporate and Commercial Litigation, 2023-2024
- "Set-Off and Compensation under the BIA/CCAA: From Kitco to SM Group and the Harmonization of Canadian Law" (co-author: Luc Morin), Ann. Rev. Insol. L., 2022 CanLIIDocs 4303.
- "Catégories de créanciers et ordre de priorité entre eux" (co-author: Guillaume Michaud), LexisNexis Jurisclasseur Québec, Faillite et insolvabilité, Fascicule 8.
- "Catch Me If You Can: Third-Party Releases Under the CCAA" (co-author: Luc Morin), Ann. Rev. Insol. L. 1, 2021.
- "The Evolving Role of the Eyes and Ears of the Court: Empowering the CCAA Monitor to Initiate Legal Proceedings Against Third Parties" (co-author: Julie Himo), Ann. Rev. Insol. L. 120, 2020.
- "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.
- "Removing Value from the Bankruptʼs Estate: Set-off and the Anti-Deprivation Rule" (podcast), 20th Annual Review of Insolvency Law, February 3, 2023.
- "The Path Forward For a Green Turnaround: The Landscape of Environmental Liabilitie since Redwater" (podcast), 20th Annual Review of Insolvency Law, February 3, 2023.
- "Pushing Boundaries: Third-Party Releases in Restructuring Proceedings", 19th Annual Review of Insolvency Law, February 4, 2022.
- "The Evolving Role of the Eyes and Ears of the Court: Empowering the CCAA Monitor to Initiate Legal Proceedings", 18th Annual Review of Insolvency Law, February 26, 2021.
- "Reversal of Fortune: The Rise of Creditor Driven CCAAs", 17th Annual Review of Insolvency Law, February 7, 2020.
- "Hostage Payments", CAIRP Insolvency and Restructuring Forum, Montreal, May 28, 2018.
- Turnaround Management Association, president of the NextGEN Committee, Montreal chapter
- Canadian Bar Association, former president of the Young Lawyers Section, Quebec division
- Young Bar Association of Montreal
Publication | December 5, 2022
Podcast | February 09, 2022
Publication | Q3 | 2021