Areas of Practice:

• commercial insolvency
• foreclosures
• personal property security realization
• collections
• equipment lease enforcement

Sherryl regularly represents Canadian chartered banks, credit unions and other commercial lenders, secured and unsecured creditors, debtors and insolvency professionals (including licensed insolvency trustees and receivers). She has appeared at all levels of Court in B.C.

Sherryl’s representative experience includes:

• Residential and commercial mortgage enforcement (foreclosure) proceedings, including working with realtors, appraisers, and property managers;
• Personal property realization matters, including leasing matters, and working with bailiffs, equipment appraisers, and auctioneers;
• Demands and statutory notices, such as notices under s.244 of the Bankruptcy and Insolvency Act and Farm Debt Mediation Act;
• Unsecured debt recovery matters (including obtaining judgment and assessing available assets for recovery, working with bailiffs for judgement enforcement, pursuing recovery through Court Order Enforcement Act proceedings against land, garnishment examinations in aid of execution, liaising with counsel in other jurisdictions for enforcement outside of BC and vice versa);
• Resolution of disputes and drafting various agreements including forbearance agreements, settlement agreements, and assignments;
• Enforceability of security, including strengthening a client’s security position and making recommendations on general recovery strategy;
• Priorities amongst creditors and under provincial and federal legislation;
• All aspects of receiverships, including acting for receivers;
• Proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act;
• Legal issues arising from the insolvency context such as contingent claims, trust claims, Crown claims, employee claims, and director and officer liabilities;
• Commercial litigation for breach of contract claims, asset recovery claims, constructive trusts and other claims inequity as well as fraudulent transfers and other reviewable transactions; and
• Litigation involving fraud (kiting) against financial institutions.

Professional Memberships:

• Law Society of BC
• Canadian Bar Association – Insolvency section
• Vancouver Board of Trade
• Risk Management Association
• Association of Women in Finance

Papers and Presentations:

• Insolvency and the Landlord-Tenant Relationship: Commercial Leases, Continuing Legal Education Society of BC 2019
• Commercial Reasonableness – Enforcement Issues, Creditors Rights Conference 2019
• Forbearance Agreements, client presentation 2019
• Lending against Residential Subleases on Reserve Lands, client presentation 2018
• Canada Revenue Agency Demands and Court Orders, client presentation 2018
• BC Limitation Act: Impact On Enforcement of Security, client presentation 2018
• Recent Developments in Aboriginal Land Tenure, Risk Management Association, BC Chapter 2017
• Limitations Issues – Acknowledgement of Debt by Email, Creditors Rights Conference 2017
• Mortgage Enforcement on Aboriginal Lands, Continuing Legal Education Society of British Columbia, Foreclosure Practice 2017
• Examinations under the Bankruptcy and Insolvency Act, Chartered Accountants & Insolvency Restructuring Professionals (CAIRP) Conference 2017
• Strengthened CRA Super-Priority for GST – Canada v. Callidus Capital Corp., Vancouver Insolvency Discussion Group 2017:
• The BC Court of Appeal Decision in All-Wood Fibre Ltd., International Women’s Insolvency & Restructuring Confederation (IWIRC) 2016
• Insolvency Issues for Litigation, Continuing Legal Education Society of BC 2016
• An Overview of Historical Issues and Recent Legal Developments Affecting First Nations Land Tenure, client presentation 2015
• Canada Revenue Agency – Priority Issues for Lenders, client presentation 2015
• Secured Lending and Builders’ Lien Priorities, Edmonton Real Estate Group 2014
• Lending on Reserve Lands, Western Canada Mortgage Enforcement Conference 2014
• The Court’s Supervisory Role over Court-appointed Receivers and Bankruptcy Trustees, BC Southern Insolvency Discussion Group 2014
• Bankruptcy and Insolvency: Litigation Issues, Continuing Legal Education Society of BC 2014
• Instructor – Collections, Law Society of BC Professional Legal Training Course
• Instructor – Personal Property Security Act, Law Society of BC Professional Legal Training Course.