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Kelsey J. Meyer

Partner

Co-Head of Restructuring + Insolvency Practice

Co-Head of Restructuring + Insolvency Practice | Email

T: 403.298.3323

Email

Calgary

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Meyer Kelsey
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.3323


Email

Calgary

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  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Kelsey Meyer advises and represents clients with respect to commercial litigation matters, with a particular focus on bankruptcy, insolvency, and restructuring matters. She also represents clients with respect to property tax assessment complaints.

Kelsey's practice encompasses a broad range of commercial litigation, including energy litigation, fraud litigation, product liability litigation, debtor-creditor disputes, construction, contractual disputes, professional negligence matters, environmental regulation litigation and foreclosures.

With respect to insolvency matters, Kelsey acts for creditors, debtors, and court-appointed monitors, receivers and trustees in bankruptcy in large and complex insolvencies and restructurings, including proceedings pursuant to the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada), and cross-border insolvency proceedings.

Kelsey appears before all levels of Court in Alberta and British Columbia, has appeared before the Supreme Court of Canada, and has appeared before the Assessment Review Board, the Alberta Energy Regulator, the Alberta Utilities Commission and the National Energy Board.

Kelsey is a member of the Canadian Bar Association, the Calgary Bar Association, the Turnaround Management Association, the International Women's Insolvency & Restructuring Confederation, the Turnaround Management Association Network of Women ("TMA Now") Global Committee and the Law Society of Alberta's Lawyer Competence Advisory Committee. Kelsey also volunteers with the Alberta Lawyers' Assistance Society (Assist). 

Kelsey has presented to clients on insolvency, administrative law, and energy issues, and has authored articles regarding insolvency, administrative law and environmental matters. She has a proven track record of hard work, dedication and commitment to her clients, and she consistently works to achieve the highest standards of client service. Kelsey takes a practical approach to litigation, and advises her clients with a results-based approach, focusing on the most pragmatic, timely and cost-efficient means of achieving the clients' goals.

Kelsey has been recognized in the Canadian Legal Lexpert Directory as a Leading Lawyer to Watch – Insolvency & Financial Restructuring – Insolvency Litigation, and in the Lexpert Guide to the Leading U.S. / Canada Cross-border Litigation Lawyers in Canada as a Litigation Lawyer to Watch.

Kelsey joined Bennett Jones as an articling student in 2002.

Education

University of Lethbridge, BASc, 1999 University of Victoria, LLB, 2002 

Bar Admissions

Alberta, 2003

Recent Experience

  • Counsel for the court-appointed receiver and manager and trustee in bankruptcy of SanLing Energy Ltd.
    • Successfully brought applications for court approval of multiple sales of assets
    • Applied for and obtained Mareva Injunction / Attachment Order and Norwich Order in relation to millions of dollars transferred out of the company on the eve of insolvency and pursuing litigation in relation to the same
    • Applied for and obtained limited discharge order allowing for orderly transfer of assets not purchased to the regulator
  • Counsel for the court-appointed receiver and manager of Trident Exploration Ltd. and related companies
    • Successfully brought applications for court approval of multiple sales of assets of the debtors
    • Represented the Receiver in regulatory and litigation matters relating to the debtors
    • Applied for and obtained limited discharge order allowing for orderly transfer of assets not purchased to the regulator
  • Counsel for Korite International Inc. in its Companies' Creditors Arrangement Act proceedings
    • Completed Companies' Creditors Arrangement Act proceedings from June to December 2020, resulting in court approval and closing of sale of the business as a going concern to a purchaser
  • Counsel for court-appointed receiver and manager and trustee in bankruptcy of Petrowest Corporation and related entities
    • Successfully brought applications for court approval of numerous sales of assets of the debtors and for distribution of funds to creditors
    • Successfully resisted an application for a stay of litigation in favour of arbitration at the Supreme Court of British Columbia and the Court of Appeal of British Columbia
    • Representing the receiver as respondent to an appeal to the Supreme Court of Canada on that issue
  • Counsel for Elcano Exploration Inc. and Elcano Exploration Ltd. in their Companies' Creditors Arrangement Act proceedings
    • Completed Companies' Creditors Arrangement Act proceedings from February to July 2019
    • Successfully obtained creditor and court approval of a plan of compromise and arrangement
  • Counsel for FTI Consulting Canada Inc., the court-appointed Monitor of Dominion Diamond Mines ULC and related entities
    • Acted as co-counsel on behalf of the Monitor in relation to sales and investment solicitation process, stalking horse bid, and resulting sale of part of the assets and business of the debtor companies, including a diamond mine in the Northwest Territories
    • On behalf of the Monitor with enhanced powers granted by court order, successfully obtained court approval of a sale of the debtor's interest in a second diamond mine and a reverse vesting order
  • Canadian counsel for BJ Services Holdings Canada, ULC in relation to its and its U.S. affiliates' Chapter 11 bankruptcy proceedings in the U.S. and Canadian recognition proceedings in relation to the same pursuant to Part IV of the Companies' Creditors Arrangement Act
    • Advised and represented BJ Services Holdings Canada, ULC in seeking Canadian court enforcement and recognition of court orders granted in the Chapter 11 proceedings of BJ Services, including coordinating with and advising U.S. counsel for the companies
    • Successfully applied for and was granted Canadian court approval of numerous orders granted by the U.S. Bankruptcy Court, including sanction of its plan of arrangement
  • Counsel for primary secured creditor in the Companies' Creditors Arrangement Act proceedings of ENTREC Corporation and related entities
    • Represented secured creditor and made submissions to the Court in relation to CCAA proceedings, including in relation to applications for court approval of sales of assets and businesses of the debtor
  • Canadian insolvency counsel for Ultra Petroleum Corporation in relation to its Chapter 11 bankruptcy proceedings in the U.S. and Canadian recognition proceedings in relation to the same pursuant to Part IV of the Companies' Creditors Arrangement Act
    • Advised and represented Ultra Petroleum Corporation in seeking Canadian court enforcement and recognition of court orders granted in U.S. Chapter 11 proceedings of Ultra Petroleum Corp.
    • Applied for and obtained Yukon court approval of numerous orders granted by the U.S. Bankruptcy Court, including sanction of its plan of arrangement
  • Counsel for Argent Energy Trust and related entities in their Companies' Creditors Arrangement Act proceedings and cross-border proceedings pursuant to Chapter 15 of the U.S. Bankruptcy Code
    • Successfully represented client through heavily-contested sale and investment solicitation process and court application for approval of transaction
    • Resulted in a successful sale of substantially all of the assets of the debtor companies being approved by the Canadian and U.S. courts
  • Canadian counsel for C&J Energy Production Services-Canada Ltd. and Mobile Data Technologies Ltd. in proceedings pursuant to Part IV of the Companies' Creditors Arrangement Act
    • Involving foreign recognition by the Canadian court of U.S. Chapter 11 insolvency proceedings, including Canadian recognition of a plan of reorganization
  • Counsel for the court-appointed receiver and manager and trustee in bankruptcy of Anterra Energy Inc.
    • Successfully brought applications for court approval of multiple sales of assets and obtained distribution and discharge orders
  • Co-counsel in a commercial litigation matter on behalf of investors in three limited partnerships created to own interest in aircraft, involving seven actions and allegations of fraud, misrepresentation, and breach of contract
    • Seized aircraft and in obtaining orders for injunctive relief, disclosure of banking records from foreign jurisdictions, and civil contempt
  • Counsel for a secured creditor with respect to its seizure of helicopters in the context of the receivership of OpsMobil Inc. and related entities
    • Represented client in court application involving novel points of law (internationally) in relation to the Cape Town Convention on International Interests in Mobile Equipment, regarding international priorities in relation to aircraft
    • Successfully recovered seized aircraft
  • Counsel on over 150 actions on behalf of an agent for landowners seeking leave to appeal or judicial review of decisions of Assessment Review Boards in Alberta, regarding property tax complaints.
  • Conducting internal investigations on behalf of a client, including interviewing witnesses, collecting evidence and reporting to management.
  • Represented clients in relation to practice permit reviews by APEGA and in relation to APEGA Investigation Committee hearing
  • Co-counsel for Wood Group Mustang (Canada) Inc. in defence of an $85 million claim relating to the failure of an underground emulsion pipeline.
  • Counsel at all levels of Alberta Courts and at hearings before the Energy Resources Conservation Board, the National Energy Board, and the Alberta Utilities Commission.
  • Litigation counsel on behalf of a national bank in connection with foreclosures matters
  • Co-counsel for the unpaid investors of Titan Investments Limited Partnership in connection with an Action seeking repayment from other investors of distributions paid from a fraudulently orchestrated investment vehicle pursuant to the Fraudulent Preferences Act

Recent Recognition

Chambers Canada
Ranked, Restructuring and Insolvency
The Legal 500 Canada
Key Lawyer, Restructuring & Insolvency
The Canadian Legal Lexpert Directory
Leading Lawyer to Watch - Insolvency & Financial Restructuring - Insolvency Litigation
Benchmark Litigation: Canada
Future Star
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as a Litigation Lawyer to Watch

Insights, News & Events

Blog

Unpaid Municipal Taxes Will Impact New AER Licences and Licence Transfers

March 22, 2023
       

Blog

Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

February 27, 2023
       

Speaking Engagements

Who’s in Command? The Single Proceeding Model in Insolvency Proceedings

February 03, 2023
       

Related Services

Commercial Litigation
Energy Litigation
Restructuring & Insolvency
Aviation
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