Joshua Foster


Bennett Jones Joshua Foster Associate Toronto 416.777.7906 fosterj@bennettjones.com Education University of Toronto, HBSc, 2016 University of Toronto, JD, 2019 Bar Admissions Ontario, 2020 Overview Joshua’s practice focuses on the financial restructuring of distressed companies in formal proceedings under the Companies’ Creditors Arrangement Act, Bankruptcy and Insolvency Act and Canada Business Corporations Act. In addition to acting as counsel for distressed companies, Joshua has acted for court-appointed officers and proposal trustees in a variety of insolvency proceedings. His recent public engagements include the following: Proceedings Under the Companies’ Creditors Arrangement Act Counsel to the applicant in Re PharmHouse Inc. Counsel to the applicants in Re Trichome Financial Corp. et al. Counsel to the applicants in Re Clearbeach Resources Inc. and Forbes Resources Corp. Counsel to the court-appointed monitor in Re McEwan Enterprises Inc. Counsel to the court-appointed monitor in Re BBB Canada Ltd. and Bed Bath & Beyond Canada L.P. Counsel to the court-appointed monitor in Re Mastermind GP Inc. Counsel to the court-appointed monitor in Re Guardian Financial Corp. et al. Counsel to the ad hoc term loan B lenders in Re LoyaltyOne, Co. (dba Air Miles®). Counsel to the court-appointed information officer in Re Paladin Labs Canadian Holding Inc. and Paladin Labs Inc. Counsel to the court-appointed information officer in Re CURO Canada Corp. and LendDirect Corp. Proceedings Under the Bankruptcy and Insolvency Act Counsel to the debtor in Re Allied Track Services Inc. Counsel to the debtor in Re Digitcom Telecommunications Inc. Counsel to the proposal trustee in Re RGN Ontario XXXIV Limited Partnership and Re RGN Ontario II Limited Partnership. Counsel to the proposal trustee and court-appointed receiver in Re Tradesmen Enterprises Limited Partnership and Tradesmen Enterprises Inc. Counsel to the court-appointed receiver in Re Sunrise Acquisitions (Hwy 7) Inc. Counsel to the applicants in KingSett Mortgage Corporation and Dorr Capital Corporation v Vandyk Uptowns Limited et al. Proceedings Under the Canada Business Corporations Act Counsel to the applicants in Re Stone Investment Group Limited et al. Counsel to the applicants in Re Stoneway Capital Corporation et al. Counsel to the ad hoc group of consenting lenders in Re Xplore Inc. et al. Prior to joining Bennett Jones as an associate, Joshua summered and articled with the firm. Experience • The Initial Consenting Senior Secured Noteholders of Sherritt International Corporation, a nickel and cobalt producer and refiner, in connection with a note exchange and recapitalization by way of Court-approved plan of arrangement • Trichome Financial Corp., et al in its $125-million Court-supervised CCAA insolvency proceeding to address liquidity issues, obtain debtor-in-possession financing, and pursue a value maximizing sale transaction. • Allied Track, in a $132.5-million debt restructuring pursuant to the proposal proceedings. This was in response to significant liquidity and cash flow issues, which commenced proposal proceedings pursuant to the Bankruptcy and Insolvency Act in order to conduct a sale process in respect of substantially all of its assets and operations.

Associate