Ian
Aversa
Partner
Ian Aversa is Co-Leader of the firm's Restructuring & Insolvency Group and a member of the Financial Services, Litigation & Dispute Resolution and Technology Groups.
Ian works with his clients to develop sophisticated acquisition, divestiture and recovery strategies, negotiate complex commercial agreements and financings, manage and strategize time-sensitive litigation matters and deliver business-focused solutions to a broad range of corporate and commercial issues.
Ian maintains an active restructuring and insolvency law practice focused on the corporate and litigation aspects of financial restructurings, mergers and acquisitions and distressed lending. He has been involved in many of Canada’s largest restructuring proceedings and is frequently retained to act for court officers appointed under the BIA, the CCAA and other corporate statutes.
Ian co-leads a team at the firm that represents large technology companies in civil litigation and regulatory proceedings involving issues concerning privacy and data protection, cybersecurity, defamation and intermediary liability. The team also advises technology companies with navigating Canadian privacy and data production laws as they apply to new and existing products, and developing policies and tailored programs for the evolving Canadian market.
Ian has extensive experience with regulatory receiverships and the appointments of receivers and trustees under the Securities Act, the Mortgage Brokerages, Lenders and Administrators Act and the Real Estate and Business Brokers Act. He also has significant experience negotiating the purchase and sale of distressed assets and businesses and structuring DIP financing and other distressed lending transactions.
Ian advises corporations, Schedule I banks and other financial institutions, court-appointed officers, secured creditors and bondholders, landlords, purchasers and financiers on domestic and international matters in a variety of industries, with a particular focus on financial services, technology, social media, retail, transportation, real estate, construction, mining and health care.
Ian regularly appears as counsel before Toronto’s Commercial List Court, well-known for both restructuring matters and complex business disputes.
Ian has authored a number of publications and is often called on to speak at industry conferences. He is the Past Chair of the National Insolvency Law Section of the Canadian Bar Association and the Secretary of the Board of Directors of the Beaver Valley Ski Club.
In 2019, Ian was recognized by Lexpert as one of the leading lawyers under 40 in Canada.
Professional Involvement
Memberships
- Honourary Member at Large, Insolvency Law Section, Canadian Bar Association
- Ontario Bar Association (Past Chair, Insolvency Law Section)
- The Advocates' Society
- Toronto Lawyers Association
- Turnaround Management Association
- INSOL International
- American Bankruptcy Institute
Organizing Committee, 18th Annual CBA National Insolvency Law Conference, October 18, 2024 (Banff, Alberta).
Organizing Committee, 17th Annual CBA National Insolvency Law Conference, September 29, 2023 (Montreal, Quebec).
Moderator, “The Judge’s Perspective: Hot Topics & Practical Advice,” 17th Annual CBA National Insolvency Law Conference, September 29, 2023 (Montreal, Quebec).
Co-Chair, 16th Annual CBA National Insolvency Law Conference, November 18, 2022 (Toronto, Ontario).
Moderator, “What’s New: Legislative Changes and Corresponding Caselaw,” 16th Annual CBA National Insolvency Law Conference, November 18, 2022 (Toronto, Ontario).
Co-Chair, Putting on the Red Sash: A Dialogue with the Bench (Superior Court Justices Barbara Conway, Michael Penny and Jessica Kimmel), October 20, 2022 (Toronto, Ontario).
Program Chair, "Insolvency Filings 101," OBA Professional Development Webinar, August 19, 2020 (Toronto, Ontario).
Co-Chair, “Analyzing The Dianor Decision,” Ontario Bar Association, November 14, 2019 (Toronto, Ontario).
Speaker, “Surviving a Workout: Navigating Special Loans Groups,” GTA Accountants Network, March 20, 2018 (Toronto, Ontario).
Speaker, “For Consideration: Equitable Subordination and Substantive Consolidation,” Commercial List Users’ Committee Annual Retreat, May 31, 2017 (Richmond Hill, Ontario).
Speaker, “What’s New and Notable in the World of Insolvency Law?” OBA Institute, February 7, 2017 (Toronto, Ontario).
Moderator, “A Judgment is Nice, Now Where's My Money?” CBA National Insolvency Law Conference, September 30, 2016 (Chicago, Illinois).
Speaker, “2015 Annual Cross Country Check-Up (Ontario),” CBA National Insolvency Law Conference, September 11, 2015 (Winnipeg, Manitoba).
Speaker, “Mid-Market Technical Update,” CAIRP Insolvency and Restructuring Forum, June 15, 2015 (Toronto, Ontario).
"The Ontario Superior Court: Open for Business, Closed for ‘Forum Shopping’," co-authored with Michael Puopolo and Josh Suttner, Aird & Berlis LLP, Litigation Bulletin, February 5, 2025.
"To Attorn or Not to Attorn: Ontario Court of Appeal Clarifies Impact of Complying With a Disclosure Order on Jurisdiction in Trop v. Trop," co-authored with Miranda Spence, Josh Suttner and Hannah Downard, Aird & Berlis LLP Litigation Bulletin, January 14, 2025.
"Recent Changes to Proceedings Before the Capital Markets Tribunal," co-authored with Miranda Spence, Matilda Lici and Roula Khairalla, Aird & Berlis LLP Litigation Bulletin, April 11, 2024.
"Great [Privacy] Expectations: Supreme Court Rules on Privacy Rights in IP Addresses in R. v. Bykovets," co-authored with Roula Khairalla, Josh Suttner and Miranda Spence, Aird & Berlis LLP Litigation Bulletin, March 13, 2024.
“Court Permits Trustee to Access Bankrupt’s Premises and Assign a Lease Over Landlord’s Objection That the Premises Were Previously Surrendered by Receiver,” co-authored with Sam Babe, Aird & Berlis LLP Financial Services Flash, July 7, 2020.
“SCC Grants Leave to Appeal Priority of CCAA Charges Over Federal Source Deduction Deemed Trusts,” co-authored with Sam Babe and Gaurav Gopinath, Aird & Berlis LLP Financial Services Flash, April 6, 2020.
“Proactive Super-Priority of DIP Lenders Prevails over Reactive Post-Filing Creditors,” co-authored with Jeremy Nemers, Aird & Berlis LLP Financial Services Flash, February 13, 2020.
"Insolvency Legislation Reforms to Take Effect November 2019,” co-authored with Shakaira John and Andy Nguyen, Aird & Berlis LLP Financial Services Flash, September 19, 2019, and National Insolvency Review, Volume 36, Number 6, December 2019.
"CCAA Priming Charges May Supersede Statutory Deemed Trusts,” co-authored with Shakaira John and Gaurav Gopinath, Aird & Berlis LLP Financial Services Flash, October 23, 2019.
"Pre-Bankruptcy Payment to Secured Creditor Escapes Statutory Deemed Trust," co-authored with Jeremy Nemers and Mark Strychar-Bodnar, Aird & Berlis LLP Financial Services Flash, January 8, 2016.
"Court of Appeal Confirmation: The ‘Interest Stops Rule’ Applies in CCAA Proceedings," co-authored with Jeremy Nemers and Alyssa Gebert, Aird & Berlis LLP Financial Services Flash, October 21, 2015.
"2015 Annual Cross Country Check-Up (Ontario)," co-authored with Jeremy Nemers, presented at the 11th Annual Pan-Canadian Insolvency & Restructuring Law Conference in Winnipeg, Manitoba, September 11, 2015.
"Mid-Market Technical Update," presented at the CAIRP 2015 Insolvency and Restructuring Forum in Toronto, Ontario, June 15, 2015.
"Real Estate Development and Investment Companies Having Trouble Finding Shelter Under the CCAA," co-authored with James Desjardins, Collateral Matters Newsletter, May 2013.
"Business Development Bank of Canada v. Pine Tree Resorts Inc. and 1212360 Ontario Limited: A Unified Test for Granting Leave to Appeal under Section 193(e) of the BIA," Financial Services Flash, May 23, 2013.
"Bill C-331: An Act to Amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (pension plans)," Collateral Matters Newsletter, December 2011.
“No Shortcut to an Injunction: Royal Bank of Canada v. Rastogi,” co-authored with Aaron Collins and Miranda Spence, National Banking Law Review, October 2011.
"The Sale of Assets by a Receiver: A Cautionary Tale," co-authored with Nathaniel Erskine-Smith, Collateral Matters Newsletter, March 2011.
"Update on Bill C-501: An Act to Amend the Bankruptcy and Insolvency Act and Other Acts (Pension Protection)," Aird & Berlis LLP Collateral Matters Newsletter, September 2010.
"Update on Bill S-216: An Act to Amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act in Order to Protect Beneficiaries of Long Term Disability Benefits Plans," Aird & Berlis LLP Collateral Matters Newsletter, September 2010.
"Insolvency and Tax Aspects of the Purchase and Sale of a Distressed Business in Canada," co-authored with Steven Graff and Jack Bernstein, Tax Notes International, March 2010.
"Changing a Corporate Name in the Context of an M&A of a Financially Distressed Business," co-authored with Morli Shemesh, Corporate Financing, Volume XV, No. 3.
"When Things Go Bad – Practical Remedies for Landlords and Tenants in Dealing with Bankruptcy, Insolvency, Trustees and Receivers: The Choices Available to an Insolvent Tenant," co-authoured with Steven Graff, March 2009.
"New Rules for the Lending Industry: The Mortgage Brokerages, Lenders and Administrators Act, 2006," co-authored with Cameron Paulikot and Ben Wong, Aird & Berlis LLP Collateral Matters Newsletter, December 2008.
"Limitation Periods on Guarantees," Aird & Berlis LLP Banking Law Newsletter, October 2008.
"Vicarious Liability of Vehicle Lessors and Rentors," Aird & Berlis LLP Banking Law Newsletter, December 2007.
"Perspectives on Insolvency from the Bench, the Bar and the Regulator," Canadian Institute’s 7th Annual Advanced Insolvency Law & Practice, January 2007.
Insolvency Case Law Digest, co-authored with Gregoire Major, Office of the Superintendent of Bankruptcy Canada, 2005-2006.