McMillan Dubo Expertise


The 21st century has brought massive changes throughout the economy, including the financial industry. New realities bring new opportunities and new risks. And financial institutions require experienced counsel to navigate this new territory.

McMillan Dubo works at both ends of the financial equation, preparing and enforcing security. We are a full-service firm dedicated to efficiency and effectiveness. We help our clients manage risk and maximize recovery so they can focus on their clients and take advantage of new opportunities.


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.

Commercial Finance

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.


Banks and Credit Unions

McMillan Dubo is one of the only law firms in Western Canada that specializes in the legal needs of financial institutions. We provide experienced counsel and a full suite of commercial finance and insolvency/realization services specific to the needs of lenders from a wide range of industries. Our client base includes chartered banks, credit unions, receivers and licensed insolvency trustees in bankruptcy, and private lenders.

We understand that banks and credit unions are facing a shifting economic and social landscape. Financial institutions are dealing with changes in regulatory compliance, implications of major class actions, increasing diversity, changes in the housing market, technological changes – including e-finance and cryptocurrencies – and emerging industries such as cannabis. In this shifting landscape, McMillan Dubo helps firms navigate risk and opportunity.

We are also seeing growth and expansion in many credit unions, through mergers and nationalization. With a national network of affiliated law firms, McMillan Dubo can help credit unions find trusted counsel from coast to coast.


McMillan Dubo has extensive experience in aircraft financing. We have assisted clients in a range of industries, including commercial aviation, forestry, agriculture, heli-skiing, oil and gas exploration, search and rescue, and aerial surveying.

In aircraft financing, we assist with:

  • Preparation of all loan documentation
  • Security and registration (including international and with relevant aircraft authority)
  • Liaising with aircraft lawyers in other jurisdictions (e.g. the U.S.) to ensure our lenders are properly protected wherever the aircraft is based
  • Liaising with insurance providers in multi-jurisdictional deals to ensure policies cover all requirements for jurisdictions in which the aircraft will be operating, such as war and terrorism insurance
McMillan Dubo is a transacting user entity on the UN/Cape Town Convention International Registry. We can also serve as an administrator for another transacting user entity. This means that we are able to assist with the establishment of security in all jurisdictions that are signatories to the convention.


Indigenous Communities

McMillan Dubo provides legal services to lenders conducting business with Indigenous communities. We understand the diverse approaches to development and land use among different Indigenous communities, as well as the various laws that apply to First Nations lending.

Our services in Indigenous lending include:

  • First Nations finance, including on-reserve lending and legacy trusts
  • First Nations litigation finance
  • Real estate, development, and construction finance (including residential, commercial, and mixed-use) on reserve or land code lands
  • Lending involving land code, SGA, and treaty lands
  • Marine mortgages