McMillan Dubo Expertise
McMillan Dubo maintains an exclusive focus on two practice areas: commercial finance and realization / insolvency.
Our depth of experience helps us provide effective and efficient service.
McMillan-Dubo works with financial institutions to ensure sound structure and security through the financing stage of commercial ventures.
Our commercial finance services include:
- Real estate, development, and construction financing
- Indigenous finance, including on-reserve lending, lending involving land code, self-governed lands, and treaty lands
- Aircraft finance
- Liquor licensing
- Syndicate deals
- Succession planning
- Vessel financing
Whether lending to joint ventures, limited partnerships, trusts, or First Nations-owned businesses, clients rely on our team of lawyers and staff to maximize opportunity while minimizing risk.
- Represented a Schedule A institutional lender in a financing transaction to First Nation secured by capital transfer payments from the Federal Government;
- Represented a Schedule A institutional lender in a financing transaction involving a joint venture between a First Nation and a major utility provider in BC;
- Represented a Schedule A institutional lender in the financing of a major real estate development on reserve lands in the Lower Mainland of BC;
- Served as the TUE administrator for a major Canadian financial institution for aircraft transactions throughout North America;
- Represented a Schedule A institutional lender in a financing transaction to a First Nations legacy trust;
- Represented a Schedule A institutional lender in financing the acquisition of an aircraft leasing and operating business in Northern BC;
- Represented a Schedule A institutional lender in the financing of aircraft imported from the US and other countries;
- Involved in numerous financing transactions with joint ventures in real estate development projects for multi-unit residential developments;
- Assisted in the financing of fishing vessels;
- Assisted with the finance of resort developments on BC provincially leased land;
- Represented a lender involved in financing construction of a legal cannabis production facility.
Realization & Insolvency
McMillan-Dubo can assist with legal matters related to security realization, collections, and insolvency. We help to maximize client recovery while minimizing time and cost for banks, credit unions, and other commercial lenders, creditors, and insolvency professionals.
Our realization and insolvency services include:
- Mortgage enforcement and foreclosures
- Collection and debt recovery
- Personal property security realization
- Bankruptcy and receiverships
- Lease enforcement and recoveries
- Negotiated resolutions, including forbearance agreements
We offer some of these services in a packaged, flat-fee arrangement. This can provide clients with greater predictability in terms of costs and process.
Our clients also enjoy access to the L2 “Lenders to Lawyers” portal. This is a web-based, fully secure database providing clients with direct, round-the-clock, remote access to case files. The L2 portal brings efficiency and clarity, allowing clients to spend more time with their customers, and less time with their lawyers.
- Advising on residential and commercial mortgage enforcement (foreclosure) proceedings, including working with realtors, appraisers and property managers;
- Advising on personal property security realization matters, including leasing recovery matters, and working with bailiffs, equipment appraisers, and auctioneers;
- • Advising clients in relation to commercial equipment lease defaults and consumer vehicle lease defaults, including repossessions and obtaining judgment for any deficiency suffered;
- Issuing demands and statutory notices such as those under the Bankruptcy and Insolvency Act and the Farm Debt Mediation Act;
- Acting for clients in unsecured debt recovery matters, including: obtaining judgement and assessing available assets for recovery; working with bailiffs for judgment enforcement; pursuing recovery through Court Order Enforcement Act proceedings against land; garnishment; examinations for aid of execution; liaising with counsel in other jurisdictions for enforcement outside of BC (and vice versa); and other enforcement remedies;
- Negotiating resolutions of disputes and drafting various agreements including forbearance agreements, settlement agreements, and assignments of security;
- Advising client on the enforceability of security, including advice with respect to strengthening a client’s security position and making recommendations regarding recovery strategy;
- Advising clients on issues regarding priorities amongst creditors and under provincial and federal legislation;
- Acting for clients in relation to all aspects of receiverships, including acting for receivers;
- Advising clients in relation to proceedings under the Bankruptcy and Insolvency Act;
- Appearing at all levels of Court in BC;
- Advising clients on a wide range of legal issues arising in the insolvency context including Crown claims, contingent claims, trust claims, employee claims, and director and officer liabilities;
- Conducting commercial litigation including breach of contract claims, asset recovery claims, constructive trusts and other claims in equity, as well as fraudulent transfers and other reviewable transactions;
- Conducting litigation involving fraud (kiting) against financial institutions.