Telephone: 416 860 6484
Fax: 416 640 3206
Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Michael Wunder is a partner in the firm’s Financial Services and Restructuring and Insolvency groups. Michael has extensive experience in both areas having practised for over 27 years, and he is ranked as a leading lawyer by several major ranking publications including Lexpert and Best Lawyers.
Michael's practice encompasses (i) domestic and cross-border corporate and commercial lending transactions, acting for single lenders, lender groups and borrowers; and (ii) domestic and cross-border commercial restructurings and the enforcement of secured and unsecured creditors’ rights.
Michael advises Canadian and foreign financial institutions and other non-bank lenders, and acts as Canadian counsel with foreign law firms, in secured and unsecured financings and intercreditor arrangements. He has acted on a significant number of cross-border multi-currency transactions (including acquisition financings, and cash flow and asset-based lending transactions). A trusted advisor to his lending clients, Michael provides strategic counsel on structuring and documenting complex financing transactions, and is a Canadian practice leader in domestic and cross-border special situation loans, distressed debt and debtor in possession financings.
Michael regularly acts as counsel in domestic and cross-border restructuring and insolvency transactions for secured and unsecured creditors, corporate debtors, banks/lender syndicates, DIP lenders, creditor committees, institutional investors, noteholder groups and major trade creditors.
A frequent lecturer on lending and restructuring topics, Michael serves as the Chair of the Cross-Border Lending Sub-Committee of the American Bar Association's Commercial Finance Section. Michael has also been an instructor for the Ontario Bar Admission Course (Debtors’ and Creditors’ Rights) and for banking law courses offered by the Institute of Canadian Bankers. He has also guest lectured several times for the University of Windsor Law School.
Michael’s experience includes:
- Canadian counsel to agent and lending syndicate in connection with cross-border loans to Student Transportation of America (TSX/NASDAQ) and Student Transportation of Canada
- Leader of Cassels Brock team acting for agent and lenders in connection with US$300 million secured syndicated credit facility to Sears Canada Inc.
- Counsel to Connacher Oil and Gas Limited in connection with its CCAA debtor in possession loan
- Counsel to an Informal Group of Senior Secured Noteholders and Plan Sponsors of CHC Group Ltd. in connection with an exit financing from its worldwide restructuring
- Counsel to Morgan Stanley Senior Funding in connection with cross-border loan facilities to Colt Defence, a debtor in possession loan during Colt’s cross-border restructuring proceedings, and an exit financing upon the successful reorganization
- Counsel to Ad Hoc Group of Bondholders in connection with a debtor in possession loan to Horsehead Corporation and Zochem Inc. in their cross-border restructuring
- Counsel to MB Financial Bank
- Canadian counsel for the Official Committee of Unsecured Creditors of Nortel Networks Inc. and certain of its direct and indirect subsidiaries in the cross-border CCAA/Chapter 11 proceedings
- Counsel to the Official Committee of Unsecured Creditors of Performance Sports Group Ltd. (Bauer/Eastons) in connection with its cross-border restructuring proceedings
- Counsel to Informal Group of Senior Secured Noteholders and Plan Sponsors of CHC Group Ltd. in connection with its cross-border restructuring proceedings and exit financing
- Counsel to Tenor Capital Management as DIP lender to Crystallex International Corporation in its CCAA/Chapter 15 proceedings
- Counsel to Xinergy Ltd. in connection with the CCAA recognition proceedings of Xinergy’s US Chapter 11 restructuring proceedings
- Counsel to Thompson Creek Metals Company Inc. in connection with its successful repayment of all secured and unsecured note indebtedness and acquisition by Centerra Gold Inc.
- Counsel to Ad Hoc Committee of Bondholders of Trident Exploration Corp. in connection with its CBCA recapitalization
- Counsel to Connacher Oil and Gas Limited in connection with its CCAA proceedings and debtor in possession loan
- Counsel to Ad Hoc Group of Bondholders of Horsehead Corporation and Zochem Inc. in connection with their cross-border restructuring
- Counsel to First Lien Lenders of Walter Energy, Inc. in connection with its restructuring
- Counsel for DIP Lender to Colt Defense LLC in connection with its cross-border restructuring
- Counsel to Ad Hoc Group of Bondholders of Great Western Minerals Group Ltd in connection with its worldwide restructuring
- Counsel to Ad Hoc Group of Bondholders of Jaguar Mining in connection with its recapitalization
- Ad Hoc Group of Bondholders of Great Basin Gold in connection with its worldwide restructuring
- Canadian counsel to TerreStar Networks Inc. in connection with the CCAA recognition proceedings of TerreStar's Chapter 11 cases
- Canadian Counsel to Trident Exploration Corp. and Trident Resources Corp. in connection with their cross-border CCAA/Chapter 11 restructuring proceedings
- Counsel to AVEOS Fleet Performance Inc. in its CCAA proceedings
- Counsel to the Ad Hoc Group of First Lien Lenders of Catalyst Paper Corporation and certain of its subsidiaries in their CCAA/Chapter 15 proceedings
Osgoode Hall Law School, LL.B., 1988
Conferences, Speaking Engagements, Events
Michael Wunder and James Morand Speaking on "Cross-Border Loan Transactions: Recent Tax Updates and Issues"
Call to the bar
- American Bar Association (Chair, Cross Border and Trade Financing Subcommittee (Business Law Section, Commercial Finance Committee))
- Canadian Bar Association
- Ontario Bar Association
- SARIPA (South African Restructuring and Insolvency Practitioners Association)
- INSOL (International Association of Restructuring, Insolvency & Bankruptcy Professionals)
- Canadian Legal Lexpert Directory (Asset-Based Lending) (2018)
- The Best Lawyers in Canada (Banking & Finance)
- The Legal 500 Canada (Banking & Finance; Restructuring & Insolvency)
- Martindale-Hubbell, Distinguished™ rating
- IFLR1000 (Financial Restructuring)
Lending & Finance
Restructuring & Insolvency