Overview
Brian Empey is a partner at Goodmans where he is a member of the Restructuring Group, which is widely recognized as Canada’s leading corporate restructuring practice.
Brian has advised debtor companies, creditors, regulators, committees and court-appointed officers on insolvency matters across Canada. He has particular expertise in complex and cross-border restructurings under the Companies’ Creditors Arrangement Act (CCAA) and in insolvencies of securities firms and financial institutions.
Brian also advises clients in connection with secured transactions and structured financings, including derivatives and asset-backed securitizations, and regulatory compliance in the financial services and payments industry, including crypto-assets.
Brian has been recognized as a leading insolvency and financial restructuring lawyer by Chambers Canada, Chambers Global, The Canadian Legal Lexpert Directory, IFLR1000, Who’s Who Legal Canada, Euromoney’s Guide to the World’s Leading Insolvency and Restructuring Lawyers and is BV Peer Review Rated by Martindale-Hubbell. Brian is also recognized in the area of banking and finance law and insolvency and financial restructuring law by Best Lawyers in Canada. He is also featured in the Lexpert Special Edition: Insolvency and Restructuring.
Featured Work
Brian’s work in the public domain has included representing:
Complex CCAA proceedings
- the Pan-Canadian Investors Committee concerning its CCAA Plan in the successful $32 billion restructuring of Canadian Third-Party Structured Asset-Backed Commercial Paper
- the Canadian Red Cross Society in its CCAA restructuring that released the Society from the burden of class action litigation arising from its former operation of the Canadian blood program
Cross-border Restructurings
- Toys “R” Us (Canada) in parallel CCAA and U.S. Chapter 11 proceedings resulting in a successful sale and continued operation of the Canadian company
- the CCAA Monitor of Nortel Networks
Insolvencies of Financial Institutions and Securities Firms
- CIPF in the bankruptcy of MF Global Canada
- IIROC in the CCAA and receivership of First Leaside Securities
- the Liquidator of Confederation Life Insurance Company in its winding-up and in related CCAA proceedings
Awards & Recognition
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Best Lawyers in Canada Recognized, Banking and Finance Law, Insolvency and Financial Restructuring Law 2025
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Lexpert Special Edition: Insolvency and Restructuring Canada's Leading Insolvency and Restructuring Lawyers 2024
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The Canadian Legal Lexpert Directory Recognized, Insolvency & Financial Restructuring: Financial Restructuring 2024
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Best Lawyers in Canada Recognized, Banking and Finance Law, Insolvency and Financial Restructuring Law 2024
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Chambers Global Recognized, Restructuring/Insolvency 2023
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IFLR1000 Canada Highly Regarded, Restructuring and Insolvency 2023
Credentials
Professional Involvement
Credentials
- Western University, LL.B., 1988
- Western University, B.A., 1985
Professional Affiliations
- Law Society of Ontario
- Canadian Bar Association
- Ontario Bar Association, Insolvency Section
- Insolvency Institute of Canada
- INSOL International
- Turnaround Management Association
Call to Bar
- 1990 Ontario
Insights
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Financial Services Regulatory
Summer’s Over – It’s Time to Consider Your RPAA Registration
Not only has the summer flown by, but Halloween is six weeks away. That means payment service providers (PSPs) have six weeks to prepare for the November 1st opening of the two-week window for… -
Financial Services Regulatory
The Bank of Canada Opens Consultation for Supervisory Guidelines
The Bank of Canada continues preparations for its supervision of payment service providers (PSPs) under the Retail Payment Activities Act (RPAA). The Bank has published draft supervisory guidelines… -
Financial Services Regulatory
Bank of Canada publishes guidance for registration under the Retail Payment Activities Act
As the November 1 – 15, 2024 window for registration of payment services providers (“PSPs”) approaches, the Bank of Canada (the “Bank”) has published guidance for PSPs determining: (i) whether the… -
Financial Services Regulatory
The Retail Payment Activities Act: The Countdown to Registration Has Begun
A major milestone for the implementation of the Bank of Canada’s retail payments supervisory regime was met on November 22, 2023, with the publication of final regulations (the “Regulations”) under… -
Financial Services Regulatory
In-Depth: Securitisation Law - Edition 5 - Canada Chapter
Francesca Guolo, Mark Surchin, Brian Empey, and Jon Northup co-authored the Canada Chapter in Lexology's In-Depth: Securitisation Law - Edition 5. The fifth edition of The… -
Financial Services Regulatory
CSA and OSFI Announce Guidance Concerning Crypto Asset Holdings
The Canadian Securities Administrators (CSA) and the Office of the Superintendent of Financial Institutions (OSFI) have recently announced guidance concerning the holding of crypto assets.A public…
News & Events
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Restructuring
Goodmans Featured in the Inaugural Lexpert Special Edition: Insolvency and Restructuring 2024
We are delighted to announce 13 Goodmans LLP lawyers are recognized among Canada's experts in the areas of Insolvency and Restructuring in the inaugural Lexpert Special Edition: Insolvency and… -
100+ Goodmans lawyers recognized in The Best Lawyers in Canada: 2025 Edition
We are delighted to share Goodmans has once again been recognized in the 2025 edition of The Best Lawyers in Canada with 105 lawyers featured across 43 practice areas.Congratulations to Andrew Brodkin… -
Banking and Financial Services
The Canadian Legal Lexpert Directory 2024 Continues to Recognize Goodmans
We are proud to announce Goodmans LLP has once again been recognized in the 2024 edition of The Canadian Legal Lexpert Directory.91 Goodmans lawyers have been recognized as top-tier in their…