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Kenneth T. Lenz KC

Partner

Partner | Email

T: 403.298.3317

Email

Calgary

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Lenz Ken
 
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T: 403.298.3317


Email

Calgary

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

Kenneth Lenz focuses his practice on insolvency and restructuring matters, including representing companies, receivers, monitors, acquirors, creditors and financial institutions in managing corporate reorganization and the realization of assets. Ken has in recent years acted in almost every significant restructuring in Alberta, and in many as counsel for the restructuring company under Companies Creditors Arrangement Act proceedings where the indebtedness and share structure are modified through a court ordered arrangement. This practice necessarily involves litigation concerning oil and gas industry agreements, lending arrangements, security enforcement and corporate governance matters.

What Clients Say

"Sources describe him as 'very commercially based, sound, and creative with solutions.'"

In addition, Ken has significant experience in commercial litigation generally, particularly shareholder disputes, oppression actions, and claims for and against directors and officers. He regularly appears at all levels of the Alberta Courts and has appeared before the United States Bankruptcy Court, and before the Alberta, Ontario and British Columbia Securities Commissions.

He is a member of the Insolvency Institute of Canada, INSOL International and the Turnaround Management Association and a past chair of the Canadian Bar Association – Calgary, Insolvency Section. Ken is a frequent speaker on matters concerning insolvency and commercial litigation to industry associations and practicing lawyers.

Education

University of Alberta, BA (Hons), 1989 Dalhousie University, LLB, 1992 

Bar Admissions

Alberta, 1993

Recent Experience

Alberta Orphan Well Association, in its challenge to the rights of trustees and receivers to abandon environmental liabilities. This is a significant case dealing with who has to pay for hundreds of millions of dollars of end-of-life liabilities – either industry through the Orphan Well Association or secured creditors.
Northern Transportation Company Limited, Canada's oldest arctic marine shipping company in its Companies' Creditors Arrangement Act (CCAA) proceedings.
OmniArch Capital Corporation, an investment firm that raised significant funds for the purposes of reinvesting in residential mortgage-back securities in its CCAA proceedings.
Approximately 850 investors in Edgeworth Mortgage Investment Corporation and related companies in an action against its directors and officers.
PricewaterhouseCoopers Inc., as Monitor of Poseidon Concepts Corp. in its cross-border CCAA proceedings, including in its Court sanctioned role of taking proceedings against Poseidon's directors and auditors to recover additional funds for the estate.
Rock Well Petroleum Inc. and its United States subsidiaries, in its successful CCAA and United States Bankruptcy Code, Chapter 15 restructurings, which included appearance before the U.S. Court and successfully concluding a restructuring with a significant European shareholder group.
First Capital Management Inc., a substantial junior oil and gas investment fund in its successful Bankruptcy and Insolvency Act proposal Counsel for acquirer in relation to successful transaction for tax loss attributes of an alternative energy company in CCAA proceedings, and counsel for the Monitor.
Shire International Real Estate Investments Ltd., and its numerous related companies in its CCAA proceedings with respect to 22 commercial properties in 3 countries.
Mystique Energy Inc., a public oil and gas exploration company, in its CCAA proceedings, including preparing a Plan of Arrangement pursuant to which the client's public shell was, through a reverse takeover, merged with an acquiring private company.
Point North Energy Ltd., a public oil and gas exploration company with property throughout Western Canada, in its CCAA proceedings. This matter involved significant litigation and negotiation with federal and provincial tax and royalty regimes, as well as a large number of disputes concerning operations, joint venture agreements and seismic data ownership. The Plan of Arrangement took the company private.
Number of Canadian chartered banks in relation to the enforcement of security, as well as in its disputes between creditors
Counsel, on different matters at different times, for each of the major accounting firms in their capacity as receiver and manager and as monitor of insolvent firms. Clients have included Ernst & Young Inc., Deloitte & Touche Inc., PricewaterhouseCoopers Inc, KPMG Inc., Collins Barrow Inc. and others.
International Utility Structures Inc., a manufacturing company with operations in Canada, the US, and Europe, in its CCAA proceedings. This matter involved the appointment of a Chief Restructuring Officer and significant litigation with the major creditors, a group of bondholders.
One of Canada's largest insurance companies, in the realization through foreclosure proceedings on commercial property.
One of the largest energy trusts in North America in the termination of an out of the money gas dedication contract with Calpine Canada Corporation while that company was in CCAA proceedings.
Represented a number of companies seeking to acquire assets or tax pools of insolvent companies, some in contested situations.
An industry association of Canada's largest brewers, in a judicial review application concerning the conduct of the Beverage Container Management Board in setting fees for manufacturers in part to provide a reasonable rate of return to bottle depots. The application was successful and resulted in the establishment of a proper regulatory regime for determining this significant annual expense of all beverage manufacturers in the Province.
A significant public corporation in its right under the Canadian Association of Petroleum Landmen operating procedure against a financially distressed operator of hundreds of wells and on extensive petroleum and natural gas leases.
The minority shareholders and managers of a large private owner and developer of commercial office buildings with assets in excess of $1 billion in a shareholder dispute and oppression action which resulted in the acquisition of the shares of the majority shareholder.

Recent Recognition

Chambers Canada
Ranked, Restructuring/Insolvency
Chambers Global: The World's Leading Lawyers for Business
Ranked, Restructuring/Insolvency
The Legal 500: Canada
Recommended, Dispute Resolution
Recommended, Restructuring & Insolvency
The Canadian Legal Lexpert Directory
Repeatedly recommended, Insolvency & Financial Restructuring - Insolvency Litigation
Repeatedly recommended, Litigation - Corporate Commercial
Benchmark Litigation: Canada
Recognized as a Litigation Star
Best Lawyers in Canada
Recognized for Insolvency and Financial Restructuring Law
LexisNexis Martindale-Hubbell
Received a BV Distinguished Peer Review Rating
Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
Recognized as one of Canada's leading cross-border litigators
Lexpert Special Edition
Recognized as a leading energy lawyer in Canada
Recognized as a leading litigation lawyer in Canada
Who's Who Legal: Restructuring Insolvency
Recognized as a leading lawyer in the area of restructuring and insolvency

Insights, News & Events

Announcements

Bennett Jones Shines In Legal 500 Canada Rankings

November 09, 2022
       

Announcements

Bennett Jones Highly Recommended in Benchmark Canada 2022

April 28, 2022
       

Blog

Court of Appeal Clarifies Treatment of Asset Retirement Obligations

March 31, 2022
       

Related Services

Restructuring & Insolvency
Class Action Litigation
Commercial Litigation
Energy Litigation
Securities Litigation
ESG Strategy and Solutions
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