While Toronto boutique Thornton Grout Finnigan hosts practitioners attending to a variety of commercial and project litigation, it is best recognized and most celebrated for its stature as Canada’s premier insolvency shop. The firm has been at the forefront of some of the largest insolvency filings affecting the Canadian market across a broad spectrum of industry sectors. Clients voice their enthusiasm for the firm’s litigators’ individual and collective bankruptcy acumen as well as their overall approach to litigation. Perhaps the biggest – and some would claim surprise – development is the firm’s elevated status in the construction field, credited to the team led by
Daniel Schwartz, who was responsible for a game-changing win
as litigation counsel to the constructors in a P3 contract with the Ontario Government to design, build and maintain for 30 years an extension of Highway 427 (a major freeway) in Toronto and Peel Region. Numerous claims for compensation and extension of time (including, due to the COVID-19 pandemic) were made by Link427 against Ontario. All of these claims proceeded by way of an expedited arbitration leading to a $116 million award, which was appealed, making the case public. “This was a politically sensitive case, and this appeal was like a ‘Hail Mary’ for government,” asserts a peer in summation. “Danny and his team at TGF now have highways, projects, subways, P3s…so ‘the little scrappy construction group that could’ has, over six years, become one of the busiest in Toronto.” Another states, “What has really become their specialty is transportation and infrastructure. They don’t have the construction expertise of a Glaholt, of a Singleton [two noted construction-specific boutiques], but what they do have is more trial experience. They are true plaintiff-side construction trial lawyers, usually acting for the contractors. Danny built up a formidable practice, and he’s becoming one of the main guys in that construction field, I’m even hearing this from judges!” The team also includes Scott McGrath, although it is noted that “He wants to be more of a generalist barrister, and he’s doing just great with this. He’s one of the smartest people out there.” These developments do not all minimize the firm’s undiminished insolvency group, which has seen some record appointments over the past year.
John Finnigan acts for PwC as Receiver and Manager of Bridging Financial, a since-collapsed alternate lender with $2 billion in assets, and its Funds. The appointment comes in the wake of an OSC investigation that revealed concerns over improper lending, lack of collateral for loans, conflicts of interest and the possible misappropriation of over $20 million by Bridging’s founders. Finnigan is prosecuting a $1.4 billion claim against Bridging’s former auditor and a $1.8 billion claim against its former officers and directors, together with numerous other actions commenced against those responsible for Bridging’s downfall.
Leanne Williams represented Boeing following the CCAA filing of Lynx Air, which operated nine Boeing aircraft and had a very valuable contract to purchase additional Boeing aircraft the terms of which were highly confidential and sensitive to Boeing. Lynx wanted to sell the Boeing contract, arguably its most valuable asset. Williams negotiated a successful settlement whereby Boeing agree to pay an undisclosed amount to repurchase the Boeing contract.
