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Aubrey E Kauffman Toronto Lawyer

Aubrey E. Kauffman

Partner Fasken
Meritorious litigation claims are valuable assets, however cost and risk often discourage their pursuit.
Jurisdiction Ontario, 1979
Language(s) English
Office(s) Toronto
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Overview

Aubrey Kauffman’s practice is focused on advocacy matters related to domestic and cross-border bankruptcy, insolvency and restructuring proceedings.

Aubrey is the 2019 recipient of the Ontario Bar Association Murray Klein Award for Excellence in Insolvency Law. In addition, in  2019, he was named a Fellow of the prestigious Insolvency Institute of Canada after completing his 2nd term as a director.

A highly seasoned litigator and advisor, Aubrey has acted in many high-profile insolvency proceedings, advising a variety of stakeholders including court officers, debtors, directors and officers, creditors at all levels of the capital structure and government agencies.

Aubrey is also an Adjunct Professor of Law at Osgoode Hall Law School, where he teaches the Bankruptcy and Insolvency Course.

A certified specialist in Bankruptcy and Insolvency and Civil Litigation by the Law Society of Ontario, Aubrey has been recognized by Chambers Canada, the Canadian Legal Lexpert Directory and Who’s Who Legal.

Achievements

Client Work

  • Voyager Digital Ltd. files for chapter 11 proceedings under the Companies’ Creditors Arrangement Act, [Deal - Voyager Digital Ltd.], Publicly traded cryptocurrency platform commences CCCA proceedings.
  • Dignio AS indirectly acquires the assets of AceAge Inc., a Canadian health technology company, [Deal - Dignio AS], Norwegian health technology company acquires the assets of a Canadian manufacturer of medication dispensers
  • Acquisition and financing of 112 Nelson Street, Ottawa, Ontario, [Deal - Forum Investment and Development Corporation], Purchase from MNP Ltd., Receiver, of 112 Nelson Street, Ottawa ON
  • Feronia Inc.'s assets acquired by Feronia KNM., [Deal - Mafuta Investment Holding], Fasken acted for Mafuta, an indirect shareholder (through Straight KKM 2 Limited (“KKM”)) of a Canadian public company, Feronia Inc. (“Feronia”).  Feronia, through a Belgium subsidiary and a Congolese subsidiary, operate a palm oil plantation in the Democratic Republic of Congo (“DRC”) employing ...
  • Sirron Systems Inc. v. Scott, Pichelli & Easter Limited, [Case - Chubb Insurance Company of Canada], Defended Scott, Pichelli & Easter Limited in a claim commenced by Sirron Systems Inc. in connection with the administration of the bankruptcy estate of Insight Engineering Inc.  Fasken advised Scott, Pichelli & Easter Limited (correct) with a team led by Aubrey Kauffman and included Dylan Chochla
  • Insolvency proceedings of Dundee Energy Limited Partnership, [Deal - National Bank of Canada], The proposal proceedings under the Bankruptcy and Insolvency Act (“BIA”) are the first known proposal proceedings involving oil and gas assets in Ontario.
  • Represented Ivanhoe Cambridge in a dispute with Arden Holdings Inc. regarding the forced assignment of a retail lease in Arden’s proposal proceedings under the Bankruptcy and Insolvency Act (Canada)., [Deal - Ivanhoe Cambridge Inc.], Represented Ivanhoe Cambridge in a dispute with Arden Holdings Inc. regarding the forced assignment of a retail lease in Arden’s proposal proceedings under the Bankruptcy and Insolvency Act (Canada). Fasken advised Ivanhoe Cambridge with a  team led by Aubrey Kauffman which included Dylan Chochla.
  • Successfully defended Schonfeld Inc., in its capacity as Court-appointed receiver, against a claim commenced against it by the debtors in connection with the administration of the receivership estate, [Case - Schonfeld Inc.], Successfully defended Schonfeld Inc. ("Schonfeld"), in its capacity as Court-appointed receiver, against a claim commenced against it by the debtors in connection with the administration of the receivership estate. Also successfully defended an appeal by the debtors from the decision of the Ontar...
  • Acted for Metcalfe & Mansfield Alternative Investments VII Corp., in its capacity as trustee of the Devonshire Trust, in its successful Plan of Arrangement under the Companies’ Creditors Arrangement Act, [Case - Metcalfe & Mansfield Alternative Investments VII Corp.], Acted for Metcalfe & Mansfield Alternative Investments VII Corp., in its capacity as trustee of the Devonshire Trust, in its successful Plan of Arrangement under the Companies’ Creditors Arrangement Act in connection with the restructuring of the Asset-Back Commercial Paper industry in Canada. Fa...

Career & Education

Education

  • ICD.D, Directors Education Program
  • LLB McGill University
  • BCL McGill University

Memberships & Affiliations

  • Fellow, Insolvency Institute of Canada
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Former Chairman, Ontario Bar Association - Insolvency Section
  • Member, INSOL
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association (Toronto branch)
  • Institute of Corporate Directors, ICD.D, July 2015
  • Adjunct Professor of Law at Osgoode Hall Law School

Knowledge

  • Fasken 2023 Insolvency Insights, 1/31/2024
  • Bill C-228: Death Knell for Private Sector Defined Benefit Pension Plans?, 12/13/2022
  • Ongoing Liabilities and COVID-19: Tips from our Insolvency & Restructuring Group, 3/20/2020

Events

News

Publications

  • Indalex, Shmindalex - Part II: The Revenge!, 4/1/2013
  • Interrupted! Understanding Bankruptcy's Effects on Manufacturing Supply Chains, 12/1/2012
  • Cross-Border Group Filing: "COMI" in Canada Takes Shape (and Comes Full Circle), 11/30/2011
Article Cross-Border Group Filing: "COMI" in Canada Takes Shape (and Comes Full Circle) American Bankruptcy Institute International Committee Newsletter

Speaking Engagements

  • Creative Tools for Unlocking the Value of Litigation Claims, 6/2/2016
  • Understanding Insolvency’s Effects on the U.S. and Canadian Supply Chain, 7/17/2013
  • Chapter 11 101 – An Overview of U.S. Restructurings with a Canadian Garnish, 6/9/2013
Creative Tools for Unlocking the Value of Litigation Claims location location Toronto
Understanding Insolvency’s Effects on the U.S. and Canadian Supply Chain North American Retail Industry Credit Group location location Alexandria
Chapter 11 101 – An Overview of U.S. Restructurings with a Canadian Garnish 21st Annual Canadian Conference, International Energy Credit Association location location Banff

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