David is recognized  by Best Lawyers in Canada for Insolvency & Financial Restructuring, as well as Banking & Finance and Corporate & Commercial Litigation.  He was acknowledged by Best Lawyers as 2014 Winnipeg Insolvency & Financial Restructuring “Lawyer of the Year”.  He is also recogized by Canadian Legal Lexpert Directory as a leading practitioner  in Insolvency and Commercial Litigation and rated Martindale-Hubbell Distinguished.   He devotes his practice to banking and commercial litigation, including restructuring, realizations, bankruptcy, receivership, arrangements, proposals and work-outs, forbearance agreements, liquidations, priorities disputes, farm realizations and mediation, commodities litigation and trading disputes.

Partner

  • Admitted to the Bar, 1985, Manitoba.

Education

  • University of Manitoba (B.A., 1977, LL.B., 1984).
 

Member

  • Insolvency Institute of Canada.
  • Canadian Bar Association, Insolvency Law Section.
  • Manitoba Bar Association, Bankruptcy Section
  • Manitoba Bar Council (Life Council Member).
  • Risk Management Association.

Positions

  • Canadian Bar Association,  Insolvency Law Section, Honorary Executive Member, (Past-Chair 2014-2016).
  • National Insolvency Review, Editorial Board.
  • Taylor McCaffrey Financial Services & Restructuring Practice Group, Chair (1999-present).
  • Manitoba Bar Association, Bankruptcy Section, Past Chair (2001-2006).
  • Restructuring Engagements  (as a matter of public record)

  • Don's Photo Shop Ltd. - BIA NOI & Approved Proposal - Counsel for Debtor
  • River City Sports Inc. - BIA NOI & Approved Proposal - Counsel for Debtor
  • Re:  IMRIS, Inc. - CCAA Part IV- Recognition of Chapter 11 Proceedings- Counsel to Information Officer
  • San Gold Corporation - BIA NOI filing- Local Counsel to 1st Secured Creditor, DIP Lender & Credit Bid Purchaser
  • Arctic Beverages Limited – BIA NOI filing – Counsel for DIP & 2nd Lien Lender
  • McDiarmid Lumber – CCAA – Counsel for 1st Secured Creditor
  • The Puratone Corporation – CCAA – Counsel for the Applicants
  • Arctic Glacier Income Fund – CCAA – Manitoba Counsel for Monitor
  • DeFehr Furniture – CCAA – Counsel for the Monitor
  • Winnipeg Motor Express – CCAA – Counsel for the Monitor
  • EQ3 Stores – Pre-pack Receiver Sale & BIA Proposal – Counsel for the Applicant Secured Creditor
  • McNally Robinson – BIA Proposal – Counsel for Proposal Trustee
  • Sunbelt Prairie Products – Interim Receivership – Counsel for Interim Receiver
  • Smith Spur Farms – Receivership – Counsel for Receiver
  • Schmidtke Millwork et al – Receivership – Counsel for Lead Secured Creditor

Publications

  •  ”A Disingenuous Remedy: Unpaid Farmers, Fishermen and Aquaculturists Liens Under BIA S.81.2″ , Rebuilding Success, Fall/Winter 2014, Volume 14, Issue 2
  • “Silk Purse or Sow’s Ear?  What To Consider When Negotiating A Forbearance Agreement,”  Journal of the Insolvency Institute of Canada, Volume 2
  • “All Screwed Up? The Good, The Bad and The Ugly New Statutory Priorities under Chapter 47″ (2006) 9 Commercial Insolvency Reporter, v. 19, no. 1-2.
  • “Status of Farm Income Stabilization Programs in Bankruptcy”, (2006) National Creditor Debtor Review, v. 21, p. 38 (co-author)
  • “BIA Transformed into a Mini CCAA”, The Lawyers Weekly, March 17, 2006.
  • “Is There Anything Left for the Secured Lenders? The Current State of Statutory Super Priorities and the Impact of Bill C-55″, (2006) National Insolvency Review, v. 23, no. 1.
  • “Bill C-55′s New Super Priorities for Unpaid Wages and Pension Contributions”, The Lawyers Weekly, November 18, 2005.
  • “What’s on Second? Recent Additions to the Motley, Straggling Line of Cases in Which Her Majesty Endeavours to Jump the Priority Queue”, (2005) National Insolvency Review, v. 22, no. 4.
  • “Who’s on First? Recent Additions to the Motley, Straggling Line of Cases in Which Her Majesty Endeavours to Jump the Priority Queue”, (2004) Commercial Insolvency Reporter, v. 16, no. 4 (co-author)
  • “Another Mad Cow? Protection Against Creditors under the Farm Debt Mediation Act”, Canadian Bar Association Bankruptcy Newsletter, (March, 2004)
  • “Wage & Pension Protection in the Upcoming Round of Insolvency Form – Is the Cure Worse than the Disease?”, (2003) Commercial Insolvency Reporter, v. 14, no. 2.
  • “The Hermaphrodite Litigant: Suing Yourself Under Section 38 of the BIA”, (2002) National Creditor Debtor Review, v. 17, no. 2.
  • “Forced Collectivization CCRA Style? Creditors Respond to the Latest Source Deduction Priority,” (2002) National Creditor Debtor Review, v. 17, no. 1.

 Lecturer/Presenter

  • "The Domino Effect: Realizing or Restructuring a Distressed Business in the Face of Builders' Liens & Trusts," CAIRP Cross-Country Insolvency & Restructuring Forum, Winnipeg, May 5, 2016
  • "Advising the Landlord on Tenant Insolvency and Restructuring, "  Law Society of Manitoba Continuing Legal Education Seminar,  OMG They're Insolvent! What Do We Do Now?, October 22, 2015
  •  CBA 11th Annual Pan-Canadian Insolvency & Restructuring Conference, Winnipeg, September 10-11, 2015, Co-Chair
  • "The latest Jurisprudence from Saskatchewan & Manitoba", CBA's Annual Review of Insolvency & Restructuring from Coast to Coast for the 10th Annual Pan-Canadian Insolvency & Restructuring Conference, Quebec City, October 24,2014
  • “Sows, Cows and Other Prairie Themes: What’s New for Manitoba and Saskatchewan”, 9th Annual Pan-Canadian Insolvency & Restructuring Conference, Calgary, September 20, 2013
  • “Mid-Market Commercial Insolvency Update”, Annual CAIRP Insolvency & Restructuring Form, May 2, 2013
  • “Show Me the Money II:  Collection Law in Manitoba”, Law Society of Manitoba CLE, December, 2012 (Chair)
  • “Annual Cross-Country Legal Update”, 8th Annual CBA Pan-Canadian Insolvency & Restructuring Conference, Halifax, October 12, 2012
  • “Negotiation of Forbearance Agreements”, Annual CAIRP Insolvency & Restructuring Forum, May, 2012.
  • “Beyond the Brink: Insolvency in the New Era”, Co-Chair, Annual Isaac Pitblado Lecture, November, 2011.
  • “CBA Annual Review of Insolvency and Restructuring Law”, Co-Presenter, 7th Annual Pan-Canadian Insolvency and Restructuring Conference, Toronto, September, 2011.
  • “Mid-Market Commercial Technical Update”, Annual CAIRP Insolvency & Restructuring Forum, Winnipeg, May, 2010
  • “When the Going Gets Tough? New Insolvency Regime to Help the Tough Get Going”, Law Society of Manitoba CLE (Moderator)
  • “Purchasing from a Receiver: What you Need to Know”, CBA Live Online, CLE, May 21, 2009
  • “BIA Amendments – Personal”, CAIRP Insolvency and Restructuring Forum, May 14, 2009
  • “What’s New from the Hinterlands”, Fourth Annual CBA Pan-Canadian Insolvency and Restructuring Conference, September 19, 2008, Vancouver
  • “Technical Update: Midmarket Commercial Issues”, CAIRP Insolvency and Restructuring Forum, May 29, 2008, Winnipeg
  • Conference Chair “Show Me the Money! 21st Century Collection Law in Manitoba”, Law Society of Manitoba Continuing Legal Education, October 24, 2006
  • “Recent Developments in Federal Crown Priorities” Advanced Insolvency Law & Practice Conference, Calgary, October 12, 2006
  • “Rewriting the Rules for the 21st Century: Chapter 47 and other Reform Developments”, CBA Pan-Canadian Insolvency and Restructuring Conference, Gatineau, Quebec, September 8, 2006
  • “Chapter 47″, CAIRP National Conference, August, 2006
  • “Industries in Trouble – A Local’s Perspective – Agriculture Subsidies”, presentation to the CAIRP Insolvency and Restructuring Forum, Winnipeg, May 11, 2006
  • “Competing Claims Between CRA and Other Creditors”, 6th Annual Advanced Insolvency Conference, Toronto, January 2006
  • Co-Chair, Inaugural Plan-Canadian Conference on Bankruptcy, Insolvency and Restructuring Law, Quebec City, September 2005
  • “More Cows, Cheap Sows and Farm Debt Protection”, Joint Section Meeting for the Manitoba Bar Association and the Manitoba Association of Insolvency and Restructuring Professionals, March 2005
  • “Priorities and Super Priorities”, 5th Annual Advanced Insolvency Conference, Toronto, January 2005
  • “Conflict Issues”, Panel Discussion, CAIRP Insolvency and Restructuring Forum (2004)
  • “Protecting Trade Creditors in Bankruptcy”, Presentation to Certified Management of Accountants Organization (2004)
  • “Critical Update on Creditor’s Priorities: CCRA v. Other Creditors”, 4th Annual Advanced insolvency Law and Practice Conference, Canadian Institute, Toronto, Ontario (2004)
  • Panel Discussion on Insolvency Reform, Canadian Institute’s Advanced Insolvency Conference (Toronto, 2003)
  • Panel Discussion on Agricultural Legal and Business Issues, Manitoba Mid-Winter conference (January, 2003)
  • Program Chair: “Advising Financial Troubled Business”, Law Society of Manitoba, February 2002;
  • “Bankruptcy: A Creditor’s Perspective”, Law Society of Manitoba, January, 2002
  • “Forced Collectivization, CCRA Style” and “The Hermaphrodite Litigant”, Canadian Bar Association Annual Meeting, August 2001
  • “Liability of the Insolvency Practitioner”, Canadian Insolvency Practitioners Association Annual Meeting, May, 2000
  • “New Federal Priorities & Bankruptcy”, Law Society of Manitoba, February 14, 2000
  • “1998 Technical Update”, Canadian Insolvency Practitioners Association Annual Conference, October, 1998
  • University of Manitoba Faculty of Law Pre-trial Process and Advocacy (1994-1998)
  • “Bankruptcy Segment for General Law Update for Family Lawyers”, Law Society of Manitoba, September, 1998
  • “Bankruptcy Proceeding: Representing Creditors”, Law Society of Manitoba, January, 1997
  • “Professional Proposals”, Canadian Insolvency Practitioners Association Annual Conference, October, 1996
  • “Commercial Fraud and Bankruptcy”, Law Society of Manitoba, April 1995
  • “Commercial Lawyers and Commercial Proposals”, Business Subsection of the Manitoba Bar Association, January, 1994
  • “Unsung Amendments of the Bankruptcy and Insolvency Act”, Canadian Insolvency Practitioners Association, October, 1993
  • “Shifting Liabilities”, Canadian Insolvency Association Annual Conference, May, 1990

 Papers

  • "Advising the Landlord on Tenant Insolvency And Restructuring", Law Society of Manitoba Continuing Legal Education Seminar, October 22, 2015
  • “2013 Mid-Market Commercial Insolvency Update”, Annual CAIRP Insolvency & Restructuring Form, May 2, 2013
  • “Slim (But Useful) Pickins’ From The Prairies”, 8th Annual CBA Pan-Canadian Insolvency & Restructuring Conference, Halifax, October 12, 2012
  • “Farm Protection in Manitoba – Safe Harbour or Trap for the Unwary”, 2011 Isaac Pittblado Lectures
  • “What Creditors Need to Know to Protect their Interest in Bankruptcy”, January 2002
  • “The Hermaphrodite Litigant: suing Yourself under BIA p. 38″ and “Forced Collectivization, CCRA Style? Creditors Respond to Latest Source Deduction Priority” CBA Bankruptcy Section Annual Meeting, August, 2001
  • “Taking the Debtor to Court”, Collection Law in Manitoba Seminars, May, 2000, and 2001
  • “Primer on Federal Priorities”, Law Society of Manitoba CLE, February 14, 2000
  • Prepared paper: “Is Nothing Sacred? The New Federal Priorities & Bankruptcy”
  • Manitoba Contributor to “Special Claim Status by Province”, Priorities update for the 1998 CIPA Insolvency Seminar, October, 1998
  • “Technical Update 1998: Her Majesty Strikes Back”, Canadian Insolvency Practitioners Association Annual Conference, October, 1998
  • “What Happens when Bankruptcy and Family Law Collide”, Law Society of Manitoba, CLE, September, 1998
  • “Practical Advice to Credit in Bankruptcy Proceedings”, Law Society of Manitoba, January, 1997
  • “Investigating and Instigating Proceedings Against Dishonest Bankrupts”, Law Society of Manitoba, April, 1995

Articles by David R.M. Jackson

Mortgage Sale and Foreclosure Proceedings in Manitoba

Aside from situations involving farm land (where a leave order must first be obtained before commencing proceedings), land registered under The Registry Act (where the Courts have jurisdiction), and other rare exceptions, mortgagees can generally pursue mortgage sale and foreclosure…


Silk Purse or Sow’s Ear? What to Consider When Negotiating a Forbearance Agreement

Once default occurs and a lender refrains from enforcement or otherwise requiring strict compliance with lending conditions, forbearance has occurred.[1] There used to be a certain banality with forbearance. If a debtor had cash flow difficulties, there was a reasonable…


Sows, Cows and Other Prairie Themes: What’s New for Manitoba and Saskatchewan

Manitoba 1.         The Puratone Corporation et al[1] It took a while but ultimately the CCAA proceedings for The Puratone Corporation generated some jurisprudence. Puratone involved one of this country’s top five hog producers which filed for protection on September 12,…


2013 Mid-Market Commercial Insolvency Update

From the vast assortment of insolvency cases reported this past year this paper culled out an even dozen for the purposes of this CAIRP Mid-Market Commercial Insolvency Update: two from the Supreme Court; two from Manitoba; and eight others from across the country.


Farm Protection In Manitoba – Safe Harbour Or A Trap For The Unwary?

This paper originally presented at the Manitoba Bar Association Mid-Winter Conference, January, 2003. It has since been updated and revised for the 2011 Pitblado Lectures.


Slim (But Useful) Pickin’s From The Prairies

Prepared for the 8th Annual Pan-Canadian Insolvency and Restructuring Conference – October 12, 2012 – Halifax, NS