Our Asset Recovery and Banking Litigation group oversees all types of interventions, preventive and curative, associated with debt collection and the realization of securities. Our team of attorneys represents banks, financial cooperatives, loan corporations, insurers, as well as institutional and private lenders.
Our group’s expertise in banking litigation is our guarantee that lenders will benefit from strategic advice focused on the most effective resolution of delicate financial situations. Our counsel and experienced negotiators can intervene from the onset, advising lenders on measures that can help prevent enforcement and execution procedures.
When prompt intervention is required in order to protect the interests of lenders, our attorneys act diligently before the different tribunals to ensure the recovery of the amount due or the realization of the securities and assets used as collateral on the loan. The execution of personal and third-party remedies, safeguard orders and extraordinary reliefs (e.g. injunctions) and preventive measures (e.g. attachments before judgment) are all part of the means used rigorously and diligently by our group. We understand that judicial interventions of the kind require expeditious action.
The recovery of outstanding loans requires well-informed legal advice, regardless of whether it involves proprietary or commercial interests or if it was taken out for personal, investment, speculation, manufacturing, industrial or agricultural purposes. At all times, counsel must be fully aware of related case-law and financing methods across the different economic sectors such as construction, retail, real estate, manufacturing of consumer goods or raw materials, information technology or professional services, to only name a few. Our firm’s experts in the field are continuously up-to-date with the latest financial and commercial practices, as they not only take on cases involving real estate, industrial or agricultural loans, they also deal with financial leases on industrial equipment or heavy machinery.
Our team is in constant interaction with different external participants such as trustees and bailiffs acting as appointees in sales by judicial authority, auctioneers and professional liquidators, appraisers, land surveyors and property managers. All of these participants can, at one time or another, intervene promptly with our attorneys to take part in the process of realizing our clients’ securities.
- Execution and realization of personal, performance or collateral securities
- Registration of legal hypothec of judgement
- Registration of notices of exercise, notices of withdrawal to collect rent and claims
- Litigation and recourses related to The Consumer Protection Act
- Negotiation and establishment of outstanding loan adjustment measures
- Procurement of safeguard orders, injunctions, attachments before judgment
- Realization of personal property or land securities
- Realization and institution of appropriate hypothec recourses
- Claims pertaining to The Canada Small Business Financing Act (CSBFA)
- Recovery of debt from commercial, real estate or personal loans
- Drafting of legal opinions on validity of securities
- Monitoring of sales by judicial authority, auditing of schemes of collocation drawn up by the appointee