Linda Galessiere

Linda Galessiere

Partner

☏ Direct: 416.306.3827
lgalessiere@cglegal.ca
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Linda’s practice focuses primarily on corporate commercial litigation, property leasing disputes, and retail bankruptcy and insolvency matters. She also represents both employers and employees in all matters relating to employment law and has experience with a wide range of product liability and construction contract disputes.

In advising clients on corporate commercial matters, Linda regularly litigates and resolves issues arising from commercial contracts, including purchase and sale of asset and share agreements and shareholder and joint venture agreements. She has also represented clients before the courts in multi­party creditor disputes as well as proceedings regarding oppression remedies brought on behalf of minority shareholders.

Linda advises and litigates on behalf of commercial landlords and tenants in all matters arising out of leasing contracts including the interpretation and enforceability of leases, termination and repudiation of leases, proper distress procedures and environmental issues. Linda is a working group member of the Uniform Law Conference of Canada reviewing and drafting commercial tenancies legislation for adoption by all province in Canada. The working group is comprised of 8 people from across Canada.

Linda regularly appears before the Ontario Commercial Court in retail bankruptcy and insolvency proceedings representing predominately landlord interests. She has represented landlords in connection with every major retail insolvency proceeding during the past 10 years including: Sears, Target, Rockport, Nine West Shoes, Express Canada, Payless Shoes, Grafton Fraser, Golf Town, Aeropostale, Ben Moss Jewellers, Jones New York, Danier Leather, InterTAN/Circuit City, Blockbuster, Eddie Bauer, Jacob, Petcetera, Please Mum, Priszm (KFC), Sterling Shoes, Costa Blanca/Urban Behavior, Bargain Shop, Eddie Bauer, Movie Gallery, Mexx, Bombay, Mobilicity, Comark (Ricki’s, Bootlegger, Cleo), Zacks, Sherson Group (Nine West), Laura, Linens ‘N Things, Mariposa Stores, Hoop/Disney Stores, Cotton Ginny, Music World and Athletes World. Linda also participated on the committee drafting amendments to the Ontario model insolvency orders addressing landlord concerns.

An experienced trial lawyer, Linda has appeared before all levels of the Ontario courts and the Canadian Federal Court of Appeal. She has also represented clients before administrative tribunals and undertaken judicial reviews of tribunal decisions.

Linda was a Silver Medalist at the Ontario Bar Admission Course and was awarded a Share of the Law Society First Prize, the Edwin George Long, K.C. Memorial Scholarship and the Isadore Levinter Memorial Award for the student attaining the second highest grades in the Ontario Bar Admission Course.

Education

Year of Call 1993

Bachelor Laws, Osgood Hall Law School, 1991

Bachelor of Fine Arts, York University, 1988

Bachelor of Education, York University, 1988

Memberships

The Law Society of Ontario – member since 1993

The Canada and Ontario Bar Associations

Toronto Lawyers Associations

The Advocates’ Society

Legal Education Action Fund

International Council of Shopping Centres

International Council of Shopping Centres International Women’s Insolvency Restructuring Confederation

Selected Articles / Speeches

  • Co-Chair, “Summary Judgement Motions”, The Advocates’ Society, May 2018
  • Speaker, “Bankruptcy & Insolvency 101 Workshop: Available Now for 10 Cents on The Dollar!” Canadian Shopping Centre Law Conference (International Council of Shopping Centers) April 2018
  • Speaker, “The Six-Minute Commercial Leasing Lawyer 2018”, Law Society of Upper Canada, February 2018
  • Author: “Bankruptcy/Insolvency: The Basics for Leasing Professionals”, Law Society of Upper Canada, February 2018
  • Co-Chair, “Civil Litigation Skills Certificate: Costs Submissions Advocacy”, The Advocates’ Society, May 2017
  • Speaker, “I Want to Break Free: Where Are You Going? Don’t Think You Are Getting Off That Easily!” Canadian Shopping Centre Law Conference (International Council of Shopping Centers) April 2017
  • Co-Author: ” Hey, That’s No Way to Say Goodbye: Remedies for Landlord Unreasonably Withholding Consent”, ICSC Law Conference, April 2017
  • Presenter, “Bankruptcy/Insolvency Law for Leasing Professionals (i.e. for Dummies)”, Canadian Shopping Centre Law Conference (International Council of Shopping Centers) April 2017
  • Panel Member, “Paths To Restructuring – Keeping One’s Eye on The “Target”, 14th Annual Review of Insolvency Law Conference, February 2017, Montreal, Quebec
  • Co-Chair, “Civil Litigation Skills Certificate: Evidence for Litigators”, The Advocates’ Society, November 2016
  • Presenter, CBA National Insolvency Conference, “The Threshold Required for the Court to Authorize a meeting of Creditors under the CCAA”, The Canadian Bar Association, September 2016, Chicago, IL
  • Workshop Leader, “How Do I Get the Targets Off My Back” – Retail Insolvencies, Canadian Shopping Centre Law Conference (International Council of Shopping Centers – ICSC), April 2016
  • Co-Author: “With the increase in retail insolvencies of late, landlords are heard to lament, “How do I get the targets off my back?””, ICSC Law Conference, April 2016
  • Faculty Member, “The Litigator’s Guide to Real Estate, Construction and Leasing Disputes”, Osgoode Hall Law School Professional Development, February 2016
  • Speaker, “Insolvency Law for Uncertain Economic Times”, The 2016 Ontario Bar Association Institute – Insolvency Law, February 2016
  • Co-Author: “Insolvency Issues in the Retail Space”, Ontario Bar Association, February 2016
  • Co-Author: “Retail Insolvencies – What are Landlords so concerned about? Restructuring strategies and tactics involving Commercial Leases”, Canadian Bar Association, September 2015
  • Speaker, “11th Annual Pan-Canadian Insolvency and Restructuring Law Conference”, Canadian Bar Association, September 2015
  • Speaker, “The Commercial List- Beyond Insolvency”, Commercial List Users’ Committee/OBA Insolvency Law Section, June 2015
  • Presenter, “Bankruptcy and CCAA Proceedings: What Landlords/Tenants Need to Know”, Canadian Shopping Centre Law Conference (International Council of Shopping Centers – ICSC), April 2015
  • Skills Instructor, “Civil Litigation Skills: Mastering Winning Discovery Techniques”, The Advocates’ Society, October 2014
  • Presenter, “Dealing with Difficult Clients”, Canadian Shopping Centre Law Conference (International Council of Shopping Centers – ICSC), March 2014
  • Speaker, “Critical Developments In Insolvency & Bankruptcy Law “, The 2014 Ontario Bar Association Institute, February 2014
  • Author: “More Bang For Your Buck – Court Appointed or Private Receiver? “, Ontario Bar Association, February 2014
  • Skills Instructor, “Civil Litigation Skills Certificate Program: Leading Your Case: Opening Statements and Examination-in-chief”, The Advocates’ Society, December 2013
  • Panel Member, “Admission of Exhibits and Other Evidentiary Considerations” – “Civil Litigation Skills Certificate Program: Leading Your Case: Opening Statements and Examination-in-chief”, The Advocates’ Society, December 2013
  • Mentor, “Toronto Mentoring Dinner Series – We’ve Got Your Back!: ‘Practice Makes Perfect'”, The Advocates’ Society, November 2013
  • Author: “Corporate Criminal Liability for Workplace Safety: The Duty to Take ‘Reasonable Steps’ to Ensure Workplace Safety”, McLean & Kerr LLP, November 2013
  • Mentor, “5th Biennial Women in Litigation Conference”, The Advocates’ Society, October 2013
  • Presenter and Faculty Member, “3rd Annual National Expert Witness Academy – Testify without fear”, The Advocates’ Society, May 2013
  • Presenter, “Review of Rules of Professional Conduct in the Context of Lease Negotiations”, Canadian Shopping Centre Law Conference (International Council of Shopping Centers – ICSC), February 2013
  • Skills Instructor, “Mastering Winning Discovery Techniques”, The Advocates’ Society, October 2012
  • Faculty Member, “National Expert Witness Academy – Cross examination at the Court House”, The Advocates’ Society, April 2012
  • Speaker, “Current Topics in Bankruptcy and Insolvency”, The 2012 Ontario Bar Association Institute, February 2012
  • Co-Author: “Recent Developments (or the Lack Thereof) in Landlord/Tenant Law in Bankruptcy and Insolvency Matters”, Ontario Bar Association, February 2012
  • Presenter, “Review of Rules of Professional Conduct in the Context of Lease Negotiations”, Canadian Shopping Centre Law Conference (International Council of Shopping Centers – ICSC), February 2012
  • Skills Instructor, “Leading Your Case: Opening Statements and Examination-in-Chief”, The Advocates’ Society, December 2011
  • Mentor, Women in Litigation, The Advocates’ Society, October 2011
  • Mentor, “Take the High Road Home – Difficult Counsel”, The Advocates’ Society, May 2011
  • Speaker, “Commercial Priorities for Real Estate and Business Transactions 2011”, Law Society of Upper Canada, February 2011
  • Author: “Landlord Remedies Against a Receiver or Trustee During Occupancy”, Law Society of Upper Canada, February 2011
  • Workshop Instructor, “Evidence for Litigators”, The Advocates’ Society, December 2010
  • Workshop Instructor, “Discovery Practices under the New Rules”, The Advocates’ Society, November 2010
  • Coach, “2010 Civil Motions Workshop”, The Advocates’ Society, October 2010
  • Skills Instructor, “Trial from A to Z”, The Advocates’ Society, April 2010
  • Speaker, “Recent Amendments to the BIA and the CCAA – Are Landlords Getting a Better Break?”, International Council of Shopping Centers: 2010 Canadian Shopping Centre Law Conference, February 2010
  • Author: “Assignment of Leases-Recent Amendments to the CCAA and BIA”, International Council of Shopping Centers, February 2010
  • Speaker, “The Six-Minute Debtor-Creditor and Insolvency Lawyer 2009”, The Law Society of Upper Canada, October 2009
  • Mentor, The Woman Advocate: Is There a Difference?, The Advocates’ Society, October 2009
  • Author: “Protecting Landlords During Retail Insolvency Proceedings”, The Law Society of Upper Canada, October 2009
  • Faculty Member, Summer Trial Advocacy College, The Advocates’ Society, June 2009
  • Speaker, “Insolvency Law: The Insolvency Practitioner’s Role and Obligations in the Deterrence and Prevention of Money Laundering”, Ontario Bar Association, March, 2009