Kathryn Esaw

Kathryn Esaw

Partner, Insolvency and Restructuring

Contact Information

kesaw@osler.com

tel: 416.862.4905

Office

Toronto

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Areas of Expertise

Bar Admission

Ontario, 2010

Education

  • University of Toronto, JD
  • University of Western Ontario, Richard Ivey Business School, HBA

Language(s)

English

Kathryn is a Partner in Osler’s Insolvency and Restructuring group. Her practice focuses on proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act throughout Canada. She has represented debtors, court officers, creditors, purchasers and lenders. Kathryn also has experience in restructurings under the Canada Business Corporations Act.

Kathryn is ranked by Chambers Canada for restructuring/insolvency and has been recognized in the area of Insolvency and Restructuring by IFLR 1000: The Guide to the World’s Leading Financial Law Firms and the Legal Media Group’s Rising Stars Expert Guide. Kathryn has been a speaker at the Canadian Bar Association Insolvency Law Conference, the Annual Review of Insolvency Law conference, and has served as a guest lecturer at the Osgoode Hall Law School. She clerked at the Ontario Superior Court of Justice. Prior to joining Osler, Kathryn was a partner at another leading law firm.

    *Notable matters prior to joining Osler, Hoskin & Harcourt LLP

    • Silver Lake Resources Ltd. in connection with its acquisition of Harte Gold Corp. through proceedings under the CCAA
    • Coalspur Mines (Operations) Ltd. in its proceedings under the CCAA
    • An Ad Hoc Group of Senior Lenders in connection with the Chapter 11 of the U.S. Bankruptcy Code and CBCA restructurings of the Stoneway Group
    • * Ernst & Young in its capacity as the court-appointed monitor of CannTrust Holdings Inc., CannTrust Inc., CTI Holdings (Osoyoos) Inc. and Elmcliffe Investments Inc.
    • * KPMG Inc. in its capacity as the information officer in the CCAA proceedings involving Imerys Talc Canada Inc.
    • * Aralez Pharmaceuticals Inc. et al in their proceedings under the CCAA and Chapter 11 of the U.S. Bankruptcy Code
    • * Energy Capital Partners and Trive Capital, as majority debt holders, in the Canada Business Corporations Act plan of arrangement restructuring of NCSG Crane & Heavy Haul Corporation
    • * Essar Steel Algoma Inc. et al in its proceedings under the CCAA  (with recognition proceedings under Chapter 15 of the U.S. Bankruptcy Code)
    • * Performance Sports Group Ltd. et al in their proceedings under the CCAA and Chapter 11 of the U.S. Bankruptcy Code
    • * Essar Steel Algoma Inc. et al in connection with its plan of arrangement under the CBCA
    • * Northstar Aerospace Inc. et al in their proceedings under the CCAA and Chapter 15 of the U.S. Bankruptcy Code

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Restructuring/Insolvency
  • International Insolvency Institute, NextGen Leader Class XI
  • The Canadian Legal Lexpert Directory: Recognized in Insolvency & Financial Restructuring - Insolvency Litigation; Insolvency & Financial Restructuring - Financial Restructuring
  • IFLR Rising Stars Awards: Recognized as a Rising Star in Insolvency & Restructuring (2020 Americas)
  • IFLR 1000: The Guide to the World’s Leading Financial Law Firms: Recognized in Restructuring (Highly Regarded)
  • Best Lawyers in Canada: Recognized in Insolvency and Financial Restructuring Law

  • Commercial List Users’ Committee Annual Educational Day

    Speaker, Recent Developments in Corporate Attribution in Insolvency Law, September 19, 2022

  • 22nd International Insolvency Law Conference

    Speaker, Celebrating & Reflecting on 25 Years of the Model Law on Cross Border Insolvency, September 6, 2022

  • Insolvency Insider

    Speaker, Review of Canadian Insolvencies Q4 2021, February 2022

  • Annual Review of Insolvency Law Conference

    Speaker, Chapter 15, 2005 to 2021: A Reflection on Chapter 15 Decisions and Practical Considerations for Canadians Approaching a Cross-Border Filing, February 2022

  • Rotman School of Management: Financial Distress and Insolvency Intensive Course

    Speaker, Financial Restructurings, January 7, 2022

  • Rotman School of Management: Financial Distress and Insolvency Intensive Course

    Speaker, Financial Restructurings, January 8, 2021

  • The IWIRC Ontario Network Presents a Virtual Panel on the Past, Present and Future of the Cannabis Industry

    Moderator, December 9, 2020

  • Rehabilitating a Distressed Corporation: Restructuring Options under the BIA, CCAA and CBCA

    Speaker, November 19, 2020

  • Annual Review of Insolvency Law Conference

    Speaker, Oh Won’t You (Extend the) Stay, Just a Little Bit Longer: Long CCAA Stay Extensions, Vancouver, February 7, 2020

  • Commercial List Users Committee Annual Education Program

    Speaker, Recent Developments in Ontario Case Law, June 5, 2019

  • The Advocates Society

    Speaker, Insolvency Litigation Breakfast: What I Wish I Knew, April 12, 2019

  • International Women’s Insolvency Restructuring Confederation
  • Turnaround Management Association, Member of the Board of Directors, Toronto Chapter

  • “Chapter 15, 2005 to 2021: A Reflection on Chapter 15 Decisions and Practical Considerations for Canadians Approaching a Cross-Border Filing, 2021”, 2021 19th Annual Review of Insolvency Law, 2021 CanLIIDocs 13545 (co-author)

  • "Notable developments in insolvency law: Flexible tools for challenging times", Legal Year in Review, December 8, 2020 (co-author)

  • “Ontario Court of Appeal Provides Guidance on Vesting Orders in Receivership – And Beyond”, Commercial Insolvency Reporter, August 2019 (co-author)

Media Mentions