Michel A. Loberg
  1000 Bankers Hall West
888 – 3rd Street SW
Calgary, AB T2P 5C5
Canada
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Representative Work

Michael’s insolvency and restructuring experience includes acting for institutional creditors, trustees, monitors and corporate debtors in Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act proceedings, implementing work-outs, receiverships, restructurings and liquidations. Michael’s Canadian insolvency representations have included:

  • The Bankruptcy of Bridgegate Mortgage Corporation and related actions
  • The Proposal Proceedings of the Focused Money Group
  • The Receivership of K2 Developments Ltd.
  • The Receivership and Bankruptcy of Victoria Park Limited Partnership
  • The Proposal Proceedings of First Capital Management
  • The Bear Mountain Resort CCAA proceedings and related actions
  • The Receivership of F.A. Millar Investments
  • The Skyreach Equipment Ltd. Restructuring

Michael’s international insolvency and litigation representations include complex multi-jurisdictional commercial litigation with particular emphasis on financial, securities and derivatives litigation, corporate and partnership litigation, fraud recovery and related remedies, international and domestic enforcement of judgments and dealing with related litigation issues. Representations have included:

  • The Cayman Islands’ Matter of the SPhinX Funds (in Official Liquidation)
  • Acting for the Turkish Savings Deposit Insurance Fund in respect of embezzled funds held in a Cayman Islands trust (Tasarruf Mevduati Sigorta Fonu v. Yahya Murat Demirel)
  • Acting in the matter of the Estate of Anders Jahre regarding a $250 million breach of trust claim (Compass Trust)
  • Representing HRH Prince Jefri of Brunei in various corporate proceedings in the Cayman Islands (Bandone Sdn Bhd v. Sol Properties Inc.)
  • Representing an investor against a French bank in respect of derivatives valuations in a wholly-owned international hedge fund (Phoenix Meridian Equity Limited v. Lyxor Asset Management S.A)
  • Various engagements relating to the liquidations of off-shore hedge funds and dismantling hedge fund management partnerships and structures

Michael is well experienced in dealing with complex commercial litigation matters, including cases of domestic and international fraud.  These representations include the matters set out above as well as:

  • Representing Canadian banks and financial institutions in fraud recovery actions arising from the use of forged or otherwise invalid instruments
  • Proceedings in respect of Newport Pacific Financial Group S.A. in the context of international fraud and money laundering issues, with particular reference to the interaction of foreign and domestic laws and related public policy issues
  • Obtaining injunctive relief and financial recovery for corporate victims of employee fraud and breaches of trust
  • Conducting actions seeking relief for the misappropriation of corporate assets and corporate opportunities by directors and officers
  • Seeking remedies for the oppression of shareholder interests by the misconduct of the directors

In addition to the specific areas mentioned above, Michael practices all areas of commercial litigation and dispute resolution, from relatively straightforward construction lien claims to complex and highly contentious partnership and joint venture teardowns.