D.J. Miller

Bio:

D.J. Miller advises clients in Canadian and international restructuring matters, leveraging her deep knowledge of the domestic and international insolvency frameworks. D.J. is described by clients as “extremely strategic” and is a trusted legal advisor for those requiring creative advice both within, and outside of, formal insolvency proceedings. She regularly works with lenders, companies experiencing financial distress or their stakeholders, landlords and court-appointed monitors and receivers, and is often retained by lawyers, financial advisors and stakeholders from other jurisdictions who request advice in connection with Canadian insolvency and cross-border matters.  

D.J. has been repeatedly recognized by Chambers Canada, Chambers Global, Top 50 Women Litigators in Canada, Who’s Who Legal, Best Lawyers in Canada, Lexpert and has been named Insolvency Litigator of the Year four times by Benchmark Canada Litigation. In 2023, D.J. was the recipient of IWIRC’s Woman of the Year in Restructuring.  D.J. has been actively involved with multiple professional organizations throughout her career, including serving on various boards and executive committees, and has developed course materials and served as guest lecturer at four Canadian law schools.

Representative mandates:

• Counsel to the first publicly-funded university to be restructured pursuant to insolvency legislation in Canada.
• Canadian counsel to Diebold Nixdorf in obtaining recognition under the CCAA, following its successful restructuring of more than US$2.7 billion in funded debt through the first-ever dual proceeding under the US Bankruptcy Code and Dutch restructuring law.
• Counsel to Alvarez & Marsal Canada Inc. as court-appointed monitor of Lydian International and its related entities in a multi-jurisdictional CCAA restructuring, including the first time that Canadian insolvency proceedings have been recognized in Jersey, Channel Islands.
• Counsel to Ernst & Young Canada Inc. as court-appointed monitor of Peraso Technologies Inc. in its CCAA restructuring and Chapter 15 US recognition proceedings.
• Counsel to the applicant lender which sought and obtained the appointment by the Court of a receiver over the Comsale Group of Companies in a multi-jurisdictional proceeding for the recovery of assets in Canada, the US and Malaysia.
• Canadian counsel for SquareTwo Financial Corporation and its Canadian and US subsidiaries in Chapter 11 and CCAA recognition proceedings, with respect to a US$400 million prepackaged restructuring plan.
• Canadian counsel for Charming Charlie Holdings Inc. and its affiliates in Chapter 11 and Canadian recognition proceedings.
• Counsel to Oxford Properties Group Inc. as landlord in various CCAA proceedings involving retail tenants including Sears Canada, Target and Nordstrom  
• Canadian insolvency counsel for the UK pension claimants (the largest single creditor in the Nortel Networks proceedings), in successfully obtaining a decision of the Canadian and US Courts allocating $7.3 billion of sale proceeds on a pro rata basis among more than 40 worldwide insolvency estates in 19 countries.
• Obtained a CA$600 million judgment from the Canadian Court in the Nortel Networks CCAA proceedings, following a disallowance of the claim in its entirety by the monitor.

Specialities

• Canadian insolvency law and practice
• Cross-border and multi-jurisdictional insolvency matters
• Finding creative solutions to complex legal and financial challenges