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About Kelly

Kelly is Co-Practice Group Leader of the Restructuring & Insolvency group. She is recognized as a market leader in restructuring and insolvency in Canada.

Kelly leads significant mandates spanning diverse industries. Her client base includes public companies, significant lenders to public and private entities, and various other stakeholders in insolvency proceedings. She effectively advocates her clients’ positions in complex matters both in and out of court and addresses challenges in domestic and cross-border mandates, including proceedings under both Chapter 11 and Chapter 15 of the U.S. Bankruptcy Code.

Kelly has appeared at all levels of court in Alberta and Ontario, including two appearances before the Supreme Court of Canada in matters of first impression.

Kelly is continuously ranked as a leading lawyer in Chambers Canada: Canada’s Leading Lawyers for Business.

Select Experience

Some of the cases on the public record in which Kelly has been involved include representing:

Senior Lenders

  • The agent in the creditor-commenced Companies' Creditors Arrangement Act (CCAA) proceedings of Long Run Exploration Ltd. (oil and gas)

  • The senior lender in the cross-border proceedings of Structurlam Mass Timber Corporation, SLP Holdings Ltd., Structurlam Mass Timber U.S., Inc. and Natural Outcomes, LLC (manufacturing)

  • The lending syndicate in the Canada Business Corporations Act (CBCA) restructuring proceedings of Source Energy Services Canada LP and its affiliates, including restructuring its US$157-million secured notes and amending and restating its C$80-million credit facility (oil and gas)

  • The lending syndicate in the Alberta Business Corporations Act restructuring proceedings of Stuart Olson Inc., wherein Stuart Olson combined with Bird Construction Inc., pursuant to an arrangement agreement for aggregate consideration of C$96.5-million (construction)

  • The lending syndicate in the complex restructuring proceedings (CBCA/CCAA) of Bellatrix Exploration Ltd., including certain precedential litigation relating to eligible financial contracts and priority disputes (oil and gas)

  • The term loan agent, as Canadian counsel, in the cross-border restructuring proceedings of Hollander Sleep Products, LLC (manufacturing)

  • The lending syndicates, as Canadian counsel, in the cross-border restructuring proceedings of the Sanjel Group of Companies (oil and gas services), Quicksilver Canada entities, the Parallel Energy group and Argent Energy group (oil and gas)

  • The senior lender in the receivership proceedings of Redwater Energy Corp., including acting as lead counsel in a precedent-setting case before the Supreme Court of Canada (oil and gas)

Company-Side

  • Jupiter Resources Inc. in its successful CBCA reorganization proceedings wherein Tourmaline Oil Corp. acquired all of the issued and outstanding shares of Jupiter for total consideration of approximately C$60-million (oil and gas)

  • Lightstream Resources Ltd., 1863359 Alberta Ltd., LTS Resources Partnership, 1863360 Alberta Ltd. and Bakken Resources Partnership in connection with their CBCA and CCAA proceedings (oil and gas)

  • French-based CGG Group, as its Canadian counsel, in its multi-jurisdictional restructuring proceedings (oil and gas services)

Court Officers

  • The court-appointed monitor in the CCAA proceedings of the Pride Group Holdings Inc. and certain affiliates (transportation)

  • The proposal trustee in the Bankruptcy and Insolvency Act (BIA) proposal proceedings of Triple J Pipelines (2019) Inc., Triple J Pipeline Limited Partnership, Triple J Pipeline GP Inc. and 2142746 Alberta Ltd. (oil and gas services)

  • The court-appointed monitor in the creditor-driven CCAA proceedings of Altek Industrial Supply Ltd., Altek USA Holdings Corp., Altek Supply USA Inc., HDIM Protective Coatings Inc. and 610461 Alberta Ltd. (oil and gas services)

  • The proposal trustee and court-appointed monitor in the BIA proposal and CCAA proceedings of Razor Energy Corp., Razor Holdings GP Corp. and Blade Energy Services Corp. (oil and gas)

  • The proposal trustee in the BIA proposal proceedings of Petrolama Energy Canada Inc. (oil and gas)

  • The court-appointed monitor in the CCAA proceedings of Coalspur Mines (Operations) Ltd.

  • The court-appointed receiver and foreign representative in the cross-border proceedings of BOS Solutions Ltd., BOS Solutions Inc., BOS LeaseCo LLC, BOS Solutions Real Estate Inc. and BOS USHoldCo Inc. (oil and gas, environmental solutions)

  • The court-appointed receiver of Ladacor AMS Ltd., Nomads Pipeline Consulting Ltd. and 2367147 Ontario Inc. (construction)

Other

  • The Insolvency Institute of Canada, as intervener, at both the Supreme Court of Canada and the Court of Appeal of Alberta, in respect of the priority of deemed trusts in the CCAA proceedings of Canada North Group Inc. (oil and gas)

  • The plan administrator for the Sears Canada Inc. Registered Pension Plan in the CCAA liquidation of Sears Canada (retail)

Awards & Recognition

Kelly is recognized as a leading restructuring and insolvency lawyer in the following publications:

  • The Best Lawyers in Canada – 2015–2022, 2024–2025 (Insolvency and Financial Restructuring Law)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2017–2024

  • Chambers Global: The World's Leading Lawyers for Business – 2014–2024

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2014–2015, 2017–2020, 2022 and 2024 (National Litigation Star and Provincial Litigation Star: Alberta)

  • Benchmark Canada's Top 100 Women in Litigation 2023

  • IFLR1000: The Guide to the World's Leading Financial and Corporate Law Firms – 2022–2023

  • The Canadian Legal Lexpert Directory – 2013–2024

  • The Legal 500 Canada – 2016–2024 (Recommended)

  • Who’s Who Legal: Canada 2023

  • Who's Who Legal: Thought Leaders – 2017–2018 and 2020–2024

In 2006, Kelly was awarded the first Annual Honourable Lloyd Houlden Research Fellowship from the Canadian Association of Insolvency and Restructuring Professionals (CAIRP) for her working paper on eligible financial contracts in Canadian insolvency legislation.

Professional Activities

Kelly is vice-president of the Insolvency Institute of Canada, Canada's premiere private-sector, invitation-only insolvency organization dedicated to promoting excellence in the field of insolvency.

Kelly is the editor of the Canadian Bankruptcy Reports for Western Canada and has published extensively on various insolvency-related topics, including various submissions to the Annual Review of Insolvency Law, Canada's leading insolvency publication. She is frequently asked to speak at conferences and other industry events across a variety of emerging topics.

Kelly is also a member and past president of the Northwest Chapter of the Turnaround Management Association and a member of the International Insolvency Institute, the Association of Corporate Growth – Calgary Branch, the Law Society of Alberta and the Law Society of Ontario.

Publications
Professional Appearances
  • Co-presenter : Restructuring and Insolvency: A Cross-Country Year in Review
    Blakes Business Class Seminar, Toronto, Ontario, January 25, 2024.
  • Panellist : Insolvency Insider Future Leaders Conference
    Insolvency Insider, Calgary, Alberta, October 4, 2023.
  • Panellist : Pension Protection Act – Considerations & Implications
    Benefits and Pensions Monitor Webinar, June 28, 2023.
  • Speaker : Bill C-228 Considerations and Implications, featuring Blake, Cassels & Graydon LLP
    Episode 43, CIBC Mellon Industry Perspectives Podcast, March 21, 2023.
  • Co-presenter : Restructuring and Insolvency: A Cross-Country Year in Review
    Blakes Business Class Seminar, Toronto, Ontario, January 17, 2023.
  • Panellist : Canada/U.S. Legal Update Seminar Series: Restructuring and Insolvency
    Blakes Business Class Webinar, September 22, 2022.
  • Panellist : Q1 2022: Questioning established case law?
    Insolvency Insider (virtual), April 26, 2022.
  • Co-presenter : Restructuring 2022: National and International Trends
    Blakes Business Class Webinar, January 26, 2022.
Media Activities
  • Interviewed : Law protecting defined benefit pensions in insolvency could have undesired results: Blakes lawyers
    Interviewed by Zena Olijnyk, Canadian Lawyer (Online), April 6, 2023.
Education

Admitted to Alberta Bar – 2001
Admitted to Ontario Bar – 2000
LLM, Osgoode Hall Law School – 2007
JD, University of Western Ontario – 1998
BA (Hon.), University of Waterloo – 1995

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