Who is Deloitte? - NationTalk



Statement of qualifications Trustee and Trust Advisory Services182880023177500August 28, 2015-241304593590Our client service principles are the framework we use to deliver client service excellence. We will:make and meet our commitments to youunderstand your business and what is important to youprovide value and build trust through technical competence and consistent resultsdemonstrate professionalism through effective interaction and communicationsprovide a no surprises experienceWe invite you to assess our performance against these principles through our Client Feedback process. 00Our client service principles are the framework we use to deliver client service excellence. We will:make and meet our commitments to youunderstand your business and what is important to youprovide value and build trust through technical competence and consistent resultsdemonstrate professionalism through effective interaction and communicationsprovide a no surprises experienceWe invite you to assess our performance against these principles through our Client Feedback process. Table of contents TOC \o "1-1" \h \z Who is Deloitte? PAGEREF _Toc428531917 \h 1Our Aboriginal Trust Services PAGEREF _Toc428531918 \h 4Why Deloitte? PAGEREF _Toc428531919 \h 6The Trust Services Team PAGEREF _Toc428531920 \h 8Trust Client References PAGEREF _Toc428531921 \h 10Appendix A – Resumes PAGEREF _Toc428531922 \h 11Who is Deloitte?Corporate OverviewIn 1858 Philip S. Ross, who was already operating a successful chandlery, began to offer accounting and customs services to meet his clients’ changing needs. Over 150 years, his firm grew, through hundreds of mergers, to become Deloitte — one of the most important and respected forces in Canadian business and the largest professional services firm in the country. Known for our leadership, innovation and integrity, Deloitte has been shaping Canadian businesses since 1858.Today, Deloitte is one of Canada's leading professional services firms, providing a full range of consulting, audit, tax, financial advisory, enterprise risk services to thousands of clients in all sectors of the Canadian economy through 8,400 people in 56 locations across the country. Our professionals develop effective business and technical solutions and innovative performance improvements for our Canadian and international clients. We combine national coverage with international capabilities; a multifunctional team approach with in-depth industry experience; and personal commitment to service with technical excellence. We are proud of our proven track record for producing results and our reputation for client satisfaction. We have achieved this success by focusing on partnering with our clients to understand their businesses and their critical success factors, and bringing the best resources (people, methodologies and tools) to develop solutions to our clients’ most critical issues.We deliver world-class services to key industries, including: Consumer Business; Energy & Resources; Financial Services; Manufacturing; Public Sector; Real Estate; and Technology, Media and Telecommunications.At Deloitte, we are guided every day by our mission: to help our clients and our people excel. But our mission is more than just a statement — it’s a way of life. Our vision is to be the best professional services firm. Our mission and our vision commit us to unparalleled, team-based client service.Years in industryIn total: over 150 yearsRelated to First Nations: Since 1990Related to First Nations Trusts: Since 1999Number of Employees:Canada: 8,400Aboriginal Client Services: Approximately 100 including Deloitte Wealth Management Services LLPOur Aboriginal Client Services PracticeDeloitte’s Aboriginal Client Services Practice was founded in 1990 to provide Aboriginal leaders and First Nations access to comprehensive financial advisory services to assist in treaty and IBA negotiations, joint ventures, governance, and economic development. Since the inception of the Aboriginal Client Services Group over 20 years ago, we have advised and worked with over 150 First Nations and Aboriginal organizations across Canada. More importantly, we have also sought advice and guidance from the communities with whom we have worked, and we have developed a strong understanding of the social, political, and technical needs and what is required to deliver holistic and comprehensive solutions with our Aboriginal clients. Deloitte’s Aboriginal Client Services group provides professional expert advice to First Nations and other Aboriginal organizations to help meet objectives and build financially successful communities.? We continue to innovate and develop creative solutions to assist First Nations to deliver more effective solutions and achieve greater returns from their resources. Deloitte professionals have developed tools and brought people with the right expertise together to assist in strengthening and enhancing governance and business/wealth creation structures and opportunities. Supporting community vision and goalsDeloitte has a long history of supporting the Aboriginal Peoples of Canada through our business practices. This includes focus on diversity, dedication to the Aboriginal Business Community and involvement in the community. Recruitment, training and mentoring program of Aboriginal employeesDiversity is part of our organizational DNA ensuring that the faces and experiences of Deloitte mirror an increasingly diverse Canada. In an effort to attract and support employees of Aboriginal origin, we have actively participated in programs such as the Inroads Program, which places Canadian aboriginal students in the workforce. Deloitte is also a driver of external diversity focused training efforts, such as the University of Saskatchewan’s Aboriginal Master’s Program, which places Aboriginal students in the workforce. We employed six Aboriginal students in our Saskatchewan offices who were participating in the program. In our Aboriginal Client Services national practice we have recently hired seven Aboriginal people at all levels from Senior Manager to Executive Assistant. Additionally, we have recently hired two Aboriginal students who are completing their post-secondary degrees in separate areas of Deloitte based upon their expressed interest of where they would appreciate experience and exposure. This is an annual process we conduct to support Aboriginal students to gain experience in areas relevant to their career progression. Deloitte support for Aboriginal recruitment & retentionDeloitte has authored a thought leadership paper titled “Widening the Circle: Increasing opportunities for aboriginal people in the workplace”. In researching the paper, we held dialogue sessions across the country. We invited participants from various sectors of society, Aboriginal and non-Aboriginal that had the depth of experience and passion for this topic to share their experiences. In the paper we recommend 10 practices to increase opportunities for aboriginal people in the workplace. A copy of the paper can be found on our website at: to Aboriginal communitiesDeloitte professionals have been active participants in improving the lives of Aboriginal communities for over two decades. Some of these activities include co-founding the Big Sisters of BC First Nations Mentoring Program which has served over 200 Aboriginal girls in the BC region and founding the Chief Joe Mathias BC Aboriginal Scholarship Foundation in memory of the late Chief Joe Mathias to support his vision of post-secondary education for all First Nations people. Since its inception, the Society has provided over 150 scholarships to Aboriginal post-secondary students. We further support a number of Aboriginal organizations including the Aboriginal Financial Officers Association (AFOA) and the National Aboriginal Trust Officers Association (NATOA), Council for the Advancement of Native Development Officers (CANDO), and Canadian Council for Aboriginal Business (CCAB) as members, board members, advisors and/or donors. We also sponsor and speak at Aboriginal conferences across Canada regarding finance, tax, trusts and accounting topics to support dialogue amongst Aboriginal people and to increase our own understanding of the top of mind issues and innovations of today’s Aboriginal communities.Deloitte Wealth Management Services LLPDeloitte Wealth Management Services LLP was created 15 years ago to enable Deloitte to assist aboriginal clients with trusts. This was done in response to some Deloitte aboriginal clients not being satisfied with their existing trustee options and requesting Deloitte to become their trustee. Today, through Deloitte Wealth Management Services LLP, we provide a range of trust services to clients, including:Trust Development;Trust Training;Act as Corporate or Administrative Trustee;Trust trouble-shooting when trusts don’t work and amendments are required; andOther trust advisory services as requested by our clients.Because of the success of the trusts that Deloitte is involved with and referrals from existing clients, our trust advisory practice has become the fastest growing service within Deloitte.Over the past 15 years, Deloitte Wealth Management Services LLP has provided a variety of Trust advisory and Trustee services to many First Nations that have settled specific claims, ratified impact benefit agreements or that had significant business or other revenue and saw a trust as an appropriate way to manage wealth. Our Aboriginal Trust Services Trust StructuringDuring the Trust structuring phase, our goal for our clients is to ensure that the resulting trust best meets their unique needs, is tax efficient, not overly complex and operates effectively. Examples of the type of trust services we assist our clients with are as follows: Working with Chief and Council, executive, and/or community members to determine the desired elements for a trust agreement;Structuring trust agreements to ensure trust objectives are met for both the short and long term, and ensuring operational efficiency;Providing advice to minimize or protect from taxation on income earned from trust capital;Assisting legal counsel in drafting trust agreements to ensure they can be effectively implemented from an operational standpoint;Member consultation processes to seek input and/or provide information in preparation for a referendum or other trust ratification process; andAssisting with the Community or Nation Trustees’ selection process.Trustee ServicesCurrently, Deloitte acts as the Corporate Trustee, Administrative Trustee or Trust Administrator for 13 Aboriginal trusts across Canada representing nearly of $400 million in trust assets, with an additional six Trusts in various stages of development. Deloitte has innovated with our clients to develop what we call an ‘Administrative Trustee’ model, which is now a model adopted by many aboriginal trusts across the country. In this model there are Nation, Community or other Aboriginal trustees, and Deloitte’s role as Administrative Trustee is to ensure no disbursements go out that would not comply with the Trust Agreement; however Deloitte does not make trust decisions. Deloitte’s role is to capacity build, develop and coach the trustees, as well as to provide whatever administrative support they require. We call this “protection without paternalism”. Depending on the requirements of the Trust Agreement and/or the client, Deloitte also acts as ‘Corporate Trustee’. In this model, there are typically no other trustees, or other trustees do not have full powers themselves. Typically, operational activity in this type of trust is minimal.At the opposite end of the spectrum is the ‘Independent Trust’ Model, where there is no Corporate or Administrative Trustee. In these cases, Deloitte will act as a Trust Administrator, or just assist the trustees with whatever administration, governance, policy and process development, and/or capacity building they require. One of the things our clients appreciate is the flexibility Deloitte has to fulfill whatever trust role they require.Trustee Training, Capacity Building and Support ServicesIn addition to ensuring compliance with the Trust agreement, we provide any or all of the following trust support services to the Nation Trustees:Providing or facilitating capacity building and training in the areas of Trustee responsibilities and legal obligations, reading financial statements, due diligence, understanding investments, community engagement, and other topics of interest to trustees;Developing trust governance and operating structures, policies and procedures, and codes of conduct;Assisting trustees to develop annual budgets and five-year comprehensive plans; Developing trust programs and eligibility criteria to best meet the community or beneficiary needs; Facilitating community engagement strategies and working with the trustees to develop community consultation and reporting processes for trust benefits;Developing due diligence and governance processes for making economic development business investment decisions;Providing financial literacy, money management, and investment training for minors;Training for community members;Tracking member benefits and/or minor’s monies;Preparing Annual Trust Reports to members; andOther services as required by the Trustees.Our Aboriginal Trust ExperienceCurrently, Deloitte acts as the Administrative or Corporate Trustee or the equivalent for 13 First Nation Trusts across Canada representing nearly $400 million in Trust assets. We are currently in various stages of development of six additional Trusts.Our appointments as Trustee have come as a result of either being appointed at the inception of a newly created trust or being appointed as a trustee replacement.The following table provides a Summary of Trusts where Deloitte has been appointed as either Corporate Trustee, Administrative Trustee, or Trust Administrator:BC, Yukonand NWTAlberta,Saskatchewan,ManitobaOntario,Nunavut,QuebecAtlanticCanadaTotalNumber of Appointments1012013Why Deloitte?Our Value Proposition Since Deloitte is not a bank, trust company or a financial institution, the range of services we can offer to the Assembly of First Nation and to the National Indian Brotherhood Trust Fund is much wider and more flexible than the traditional institutions acting as Administrative or Corporate Trustees.Flexibility/Customized ServicesBeing the largest professional services firm in the world, Deloitte has the ability to innovate based on the needs of our client – your needs. What we produce and undertake is up to the client and/or trustees. For?example:We will assist our clients to develop an Annual Report that is best suited to their particular communication requirements. We have no mandatory format.Each group of trustees we work with have different capacity development needs. We work with each of our clients to develop and implement a trustee training program.IndependenceBeing independent from banks, trust companies and financial institutions, as well as being independent from investment management firms, Deloitte brings an unbiased view with regard to the selection of advisors for each Trust. We will work with whatever investment manager, auditor, legal counsel, or other advisors our clients wish and will assist with the RFP or selection process if needed.As Deloitte is not an investment manager, we can assist trustees in facilitating an investment management selection process. By separating the function of investment management from that of acting as Corporate or Administrative Trustee, the trustees are assured that they will get the best service, quality and prices through an independent RFP process for each advisor.Best PracticesBecause Deloitte works closely with groups of trustees across the country, we can share the experiences, best practices and lessons learned from what others have done, as well as providing governance related and other templates or ideas so that each trust does not have to ‘recreate the wheel’ while ensuring that specific needs and requirements are addressed. For instances, we can provide examples of:Eligibility and criteria for a variety of programs; Trust applications and processes;Trustee codes of conduct/conflict of interest policies;Trustee remuneration;Community consultation processes and strategies; andReports and reporting.One Stop ShopDue to the size of our organization, we can also offer advice and services to the Trust that other trust service providers cannot. As an example, we can draw from our own professionals to conduct real estate development training, business plan writing or analysis, provide investment due diligence training, understanding financial statements, etc. Through our tax experts, we can also ensure any taxation related or charitable requirements are met. This provides additional value to the Trustees, without having to identify and retain additional consultants to undertake each piece of work.Overall, we believe that our combination of being fully independent, having the ability to draw from a large pool of experts to help build capacity by the Trustees, and our fees being tied to the actual level of effort as opposed to the size of the Trust assets provides an overall value unrivalled by our competitors.What Our Clients Have to Say“The Deloitte team really listens to us and our needs. They work with us which has not been the case with other consultants. Deloitte is one of the few partners that defer to our skilled help instead of driving up costs and doing it for us – we like that approach”.Jeffery Hewitt, in-house Counsel, Chippewas of Rama First Nation“Deloitte is responsible, open and flexible. They always want to do what is exactly best for the community. They have a great team of people – all team members are well known to us and possess a strong understanding of our needs. As for value for money, they are so much faster and more efficient than other consultants we’ve had”.Vanessa Mountain, Trustee, St’át’imc (PC) 2011 Trust“Deloitte is very helpful in areas of our programs funded by the Trust. They help us understand the different options and let us choose what would work best. They offer the whole picture, not just one piece”.Diane Bigfoot, Trustee, Prophet River First Nation TrustPlease refer to the video at the below link to hear more about the Deloitte approach for trusts and client comments. also refer to the article attached which is another example of how we help our trust clients.The Trust Services Team Our Aboriginal Client Services practice consists of a number of professionals that have been specifically sought out based on their expertise and experience with First Nations. Our proposed team members are detailed in the following short bios; however before selecting the appropriate team for any client, we will first consult with you to ensure that the team is the best match of requirements and skills. Lisa EthansLisa is a partner in the Financial Advisory Group in the Vancouver office. She is the Founder and Leader of Deloitte’s National Aboriginal Client Services practice and Founder of Deloitte Wealth Management Services LLP. In her 25+ years of aboriginal experience, Lisa has been involved in a broad range of assignments including creation of First Nation wealth management structures, trust structuring and administrative trustee services, business plans, business valuations, damage quantification and litigation support services, forensic investigations, treaty consulting and negotiations, IBA negotiations and support analysis services, operational reviews, business sale and acquisition services, and cash flow analysis. She has provided expert witness testimony on several occasions before the Supreme Court of British Columbia.Lisa is a Fellow of the Institute of Chartered Accountants (FCA), a Chartered Business Valuator (CBV), a Certified Public Accountant (CPA) and Senior Member of the American Society of Appraisers (ASA).Melinda McKieMelinda McKie is a Partner of Deloitte LLP and a Senior Vice-President of Deloitte Restructuring Inc. Melinda is a Chartered Professional Accountant, Certified Management Accountant, Chartered Insolvency and Restructuring Practitioner and Licensed Trustee in Bankruptcy. Melinda has over 20 years experience in insolvency and corporate restructuring work. Melinda runs Deloitte’s Trust operations office and is involved as corporate or administrative trustee on several aboriginal trusts.Full resumes are attached at Appendix A.Trust Client ReferencesWe are pleased to provide you with the following references:ClientContactPositionTelephoneChippewas of Rama First NationJeff HewittRama In-House Counsel andTrust Lawyer(705) 325-3611Mohawks of Akwesasne Community Settlement TrustPatricia FrancisTrustee and Trust Chairperson(613) 575-2341 x3190Doig River First Nation Permanent & Social/Economic Development TrustsChief Norman DavisChief Councillor Doig River First Nation(250) 827-3776St’át’imc (PC) 2011 TrustVanessa MountainTrustee(604) 230-7289Treaty 8 Heritage TrustShirley AckoTrustee(250) 793-4149Prophet River First Nation TrustDiane BigfootTrustee(250) 329-5816Appendix A – Resumes-114300-38608000Lisa Ethans, FCA, CBV, CPA, ASA, CFFPartner, National Aboriginal Client Services Leader / Financial Advisory Deloitte VancouverTel: 604-640-3133Email: lethans@deloitte.caYears of Experience with Aboriginal Trusts: 15 yearsProportion of time or client book that is Aboriginal Trusts: 75%Tenure with Deloitte: 25+ yearsProfileLisa is a partner in the Financial Advisory Services Group in the Vancouver office. She is the Founder and Leader of Deloitte’s National Aboriginal Client Services Practice, and the Forensic and Dispute Services Practice leader for Vancouver. In her 25 plus years of experience, Ms. Ethans has been involved in a broad range of assignments including trust structuring and administrative trustee services, business plans, business valuations, damage quantification and litigation support services, forensic investigations, treaty consulting and negotiations, IBA negotiations and support analysis services, operational reviews, business sale and acquisition services, and cash flow analysis. She has provided expert witness testimony on several occasions before the Supreme Court of British Columbia. ExperienceA selection of Lisa’s Aboriginal work experience includes the following assignments:Administrative Trustee and Trust AdvisoryCurrently acting as Administrative Trustee for a number of First Nation Trusts. Services include providing ongoing guidance and support to Nation Trustees regarding trust structuring, trust fund management, community planning, related disbursements, economic development planning, budgeting and related services, investment etc.Assisted a First Nation in assessing the financial impacts and in structuring a settlement trust upon the conclusion of lawsuit settlement negotiations.Provided advice to many First Nations to structure trust agreements for specific claims, impact benefit agreements, treaties, and other matters. This has included performing analysis and advice on operational, financial, tax and related factors.At the request of Chief & Council, have facilitated community consultation processes to determine the trust structure to best meet a First Nation’s needs and worked with legal counsel to develop trust agreements.Assisted First Nations in resolving trust operating challenges and getting problem trusts back on ernanceWorked with a number of First Nations to separate business decision making from politics/government and to establish an appropriate business oversight structure for Chief and Council and administration.Assisted First Nations in implementing financial management laws.Worked with First Nations to develop financial control structures.IBA AdvisoryAssisted numerous First Nations across Canada in negotiating accommodation agreements (IBA’s) by: Performing financial analysis of the economics of a proposed project;Providing structuring advice to achieve a benefits package to best achieve mutual objectives; andAssisting in explaining IBA specifics and implications to First Nation membership.Provided financial due diligence and structuring advice to facilitate the negotiations of an equity interest and revenue share on behalf of First Nations for various resource extraction projects in First Nation traditional territories.Provided financial due diligence services to a First Nation client in conjunction with a proposed hydro construction project.Treaty AdvisoryAssisted various bands and tribal councils in preparing for treaty negotiations. Services have included:Strategy development as it relates to financial and valuation and selection issues for various First Nations;Analysis, interpretation and assessment of the cost-sharing agreement between the Federal and B.C. Provincial governments;Consulted on taxation issues and the financial implications of giving up tax exempt status under the Indian Act;Attended Financial technical side table negotiations for funding transfer, tax, own source revenue and capital transfer chapters for a number of First Nations in B.C and Quebec;Assisted the preparation of a self-sufficiency study for a First Nation for purposes of making a treaty offer to the Federal and Provincial Governments;Assisted in preparing treaty proposals on behalf of First Nations including land and cash quantum’s and supporting damage quantification rationale;Analyzed treaty land / cash offers on behalf of the First Nations Summit and a number of First Nations.Business PlanningActed as financial advisor for a First Nation Cultural Centre project developed at Whistler, BC, including project coordination, providing budget oversight, advising on aspects of structuring budgeting, tax, and general business planning.Performed an assessment and evaluation of the Traditional Use Study program offered to First Nations through the Aboriginal Affairs Branch – Ministry of Forests.Prepared business valuations and business plans/feasibility studies for aboriginal clients for various purposes of accessing Aboriginal Business Canada and INAC funding.Economic Development AdvisoryAssisted a First Nation in developing an Economic Development Strategy and in performing due diligence to prioritize and assess the various economic development opportunities.Assisted a Band in structuring a community equity fund for business and economic development.Assisted a First Nation in developing a business plan for an economic development commission.Performed financial analysis in order to assess the relative profitability of various economic development opportunities.Damage QuantificationAssisted a First Nation in quantifying the financial loss resulting from an expropriation of reserve lands.Provided damage quantification services for a number of First Nation issues.General Financial AdvisoryReformatted band financial statements including graphic illustration for purposes of presentation to general membership. Analyzed and advised on the pros and cons of the various funding arrangements with INAC.Assisted a First Nations client in restructuring financial and information systems.Provided advisory services related to a wide range of business issues on behalf of various First Nations clients. Lectures and Papers Structuring TrustsAssessing the Financial Aspects of Accommodation AgreementsEffective Financial Management and Accountability for First Nations Prioritization of Economic Development OpportunitiesBusiness Planning for First NationsFinancial Reporting to Chief and Council and MembershipBusiness Valuation – The BasicsThe Use of Cash Flows in Business ValuationPreparing Business Plans and Feasibility AnalysesEducation/Professional DesignationsFellow of the Institute of Chartered Accountants of BC (FCA), 2012Certification in Financial Forensics, CPA/CFF, 2009Senior Member, American Society of Appraisers, 1994Chartered Business Valuators, Canadian Institute of Chartered Business Valuators, 1992Chartered Accountant, Institute of Chartered Accountants of British Columbia, 1991Certified Public Accountant, American Institute of Certified Public Accountants, 1984Bachelor of Accounting, Washington State University, USA, 1982AwardsDeloitte Practice Leadership Award, 2010ICABC Community Service Award, 2008Big Heart Award for Outstanding Contribution by Volunteer, Big Sisters of BC Lower Mainland, 2006Association of Women in Finance, Leader in Finance PEAK Award, 2005Professional and Community AffairsPresentPresident, Chief Joe Mathias BC Aboriginal Scholarship Fund Board Member, Minerva Foundation, Member, Vancouver Board of Trade, Aboriginal Opportunities Committee, Member, AFOA BC Technical Advisory CommitteeHonorary Member, Big Sisters of BC Lower MainlandPastChair, Honorary Board for Big SistersFounder, First Nations Big Sisters Mentoring ProgramCo-Chair, Minerva’s First Nations Leadership Program ‘Combining our Strength’Board Member, Minerva Foundation Finance Committee (2003-04)Founding Member, Working Group on Accountability and Governance, Indian and Northern Affairs Canada Board Member, Children’s Wish FoundationMentor, Forum for Women Entrepreneurs (FWE)Judge, Association of Women in Finance, 2006 & 2007 PEAK AwardsChair, National Women’s Retreat-95693-23455100Melinda McKie, CPA, CMA,·CIRPPartner, Financial AdvisoryDeloitte VancouverTel: 604-640-3253Email: mmckie@deloitte.ca ProfileMelinda McKie is a Partner of Deloitte LLP and a Senior Vice-President of Deloitte Restructuring Inc. Melinda is a Chartered Professional Accountant, Certified Management Accountant, Chartered Insolvency and Restructuring Practitioner and Licensed Trustee in Bankruptcy. Melinda has over 20 years experience in insolvency and corporate restructuring work. Melinda runs Deloitte’s Trust operations office and is involved as corporate or administrative trustee on several aboriginal trusts.Experience Role: Engagement Partner. Administrative Trustee of multiple First Nation Trusts with communities in various Canadian provinces. Responsibilities include managing financial reporting; meetings with the community Trustees, Chief and Council and the communities; maintaining the corporate records; compliance filings; distributions from the Trusts as directed by the agreements; development of processes for community consultation and setting of priorities; minors financial training; Trustee training; and various other matters.Role: Engagement Partner. Various reviews of First Nation’s directly-owned operating companies to consider and report on their future viability and governance structure. Responsibilities included meeting with businesses and First Nation representatives to understand the roles of the parties, purpose of the businesses, competitive landscape both external to the First Nation but also internally, tax implications associated with the businesses and provide recommendations.Role: Project Lead. Community consulation with respect to the development of a community trust. Assisting the Trust committee in developing a process to engage the community, the questions to be clarified around determing community priorities and requirements for members to be appointed as a Trustee.Role: Engagement Partner. Court Appointed Receiver Manager of an urban native housing society which actively requires the management and maintenance of nineteen houses in the Yukon including tenancy matters.Role: Engagement Partner. Court Appointed Receiver Manager over three non-profit housing society buildings with over 300 units. Responsibilities included active management of building maintenance and tenant matters; oversight of a property management company engaged in the daily operations of the buildings; addressing union matters with respect to building workers; addressing tax filing matters where non-profit status had been revoked by CRA; preventative and emergency maintenance matters; and hosting tenant meetings.Role: Engagement Partner. Court Appointed Companies’ Creditors Arrangement Act Monitor of a group of mining entities in the BC Kootenay region. The companies had a cease trade order issued against them by the BC Securities Commission and required a stay of proceedings in order to obtain a NI 43-101 compliant report on the mineral properites and to obtain Debtor in Possession (DIP) financing. The group located alternative financing and a Plan was submitted and approved which resulted in a debt for equity swap.Role: Project Lead. Appointment as an interim receiver, during a shareholder’s dispute, to oversee the continuing operations of a business. The appointment occurred while the Ontario Court heard the shareholder’s dispute and each party was required to be granted supervised access to the business.Role: Enagement Partner. Completion of a business review of a company in the construction business. Based on the review it was determined that a fraud had been committed against the secured lender and a Petition in Bankruptcy was filed against the Company. As Trustee in Bankruptcy the responsibilities included discussions and examinations of parties involved in the company’s operations; asset tracing; sale of the company’s assets; collection of receivables; and dealing with numerous trust / secured claims against the assets.Role: Project Manager. Assisted a First Nation in their treaty negotiations including financial analysis; interpretation and assessment of agreements; and assisting in negotiations with Federal and BC Provincial governments.Role: Project Lead. Appointed by an employer to monitor the ongoing operations and distribute funding to an entity under its control. The entity was separating its community operations, which had been previously provided by a group of First Nations, to a stand along separate entity.Role: Engagement Partner. Providing consulting services to a First Nation public institution which has been recently created by federal legislation. Assisting the entity in policy and procedures matters and with corporate governance and internal control procedures for reporting entities.Role: Engagement Partner. Consultant to a non-profit housing society and its newly formed Board of Directors to address the restructuring of the organization and its various businesses, upon the removal of the existing Board and Senior Management. The role included the financial review and reporting on critical matters associated with cash flow for the housing society and the businesses it operated, internal controls and process for improving governance, assisting with change management, reporting ot key stakeholders, etc.Role: Project Lead. Court appointment as Receiver Manager of a property management company, to investigate and trace funds through numerous trust accounts to determine the source and ultimate ownership of the funds, as well as determine the quantity of funds utilized by the company for its operations. Assisting Crown Counsel to prepare for trial of individual charged with fraud.Role: Project Co-Lead. Forensic accounting review of non-profit entities operations and impact of employee theft on entities clients and controls within the organization. Review of client files for inappropriate activity; provide recommendations to entity on procedures, controls and changes required to safeguard client data and assets.Role: Engagement Partner. Trustee under the Notice of Intention to make a Proposal and the Proposal of a Western Canadian based moving / logistics company with transportation of goods both locally and internationally. The company experienced financial difficulties as a result of declining margins due to increased labour and fuel costs, increased competition and an overall decline in corporate / government moves which had been a substantial part of the Company’s business.Role: Project Lead. Trustee under the Proposal and Trustee in Bankruptcy, of a real estate developer with land holdings on Vancouver Island. The company experienced cash flow problems due to a slow real estate market and delayed development of a commercial development in the area of the lands. The company made a Proposal to its creditors, who were investors in the company, however the Proposal was not accepted and the company was placed in bankruptcy with the trustee realizing upon the lands.Role: Project Lead. Court Appointed Receiver Manager and Trustee in Bankruptcy of a wood veneer manufacturer located in the interior of British Columbia. Responsibilities included reviewing and reporting on the company’s financial results; tracing and locating assets in Canada and the United States; examinations of parties involved in the company’s operations; arranging for the sale of the company’s business and/or its equipment; and dealing with numerous secured creditors claims.Role: Project Lead. Engaged by a publicly traded company to determine restructuring options available to them, to maximize value to all stakeholders. Completed a review of their financial position, worked with the company to prepare a weekly cash flow statement (including international subsidiaries) to determine options available and critical events, reviewed compensation claims and prepared recommendation for key employee retention plans for executives required through the CCAA proceeding, prepared documentation required for the CCAA filing and completed all statutory requirements with the filing of the Plan of Arrangement and distribution to creditors, worked with management to realize upon their assets in three countries, completed a distribution to the shareholders.Role: Project Lead. Engaged by retailer to assist in determining restructuring options available to them. Worked with the company to maximize stakeholder value during their CCAA filing and Chapter 15 filing in the US. Completed a review of their financial position, worked with the company to prepare a weekly cash flow statement (including international operations), prepared documentation required for the CCAA filing and completed all statutory requirements with the filing of the Plan of Arrangement.Role: Review Partner. Engaged by a casino operator with locations in Canada and the United States to assist in determining restructuring options available to them. Completed the filing of their CCAA, review of their financial position, worked with the company to prepare their cash flow statement (including international operations), prepared documentation required for the CCAA filing and completed all statutory requirements with the filing of the Plan of Arrangement.Role: Project Lead. Completion of viability assessments and business reviews of companies in the various industries - aerospace, agriculture, forestry, heavy equipment dealers, manufacturing and service providers. This work involved obtaining an understanding of the industry and the competitive environment in which the company operates; reviewing the company’s financial results over the previous one to five years; reviewing and commenting on the company’s business plan and the feasibility of the operations; review and assessment of the company’s assets and cash flow requirements; preparation of cash flow statements and funding requirements; and reporting on same to the secured lender.Role: Project Lead. Division I Proposals, under the Bankruptcy and Insolvency Act, of companies in the construction, financial, forestry, hospitality, maritime and retail sectors. This work involved obtaining an understanding of the industry; reviewing and assessing the financial and economic position of the company to determine the feasibility of a Proposal to its creditors; meeting with and negotiating a settlement with both secured and unsecured creditors; completing a cash flow for the operations of the company; reporting to the Office of the Superintendent of Bankruptcy, the Courts and the creditors; ongoing monitoring of the company’s results and subsequent meetings with the inspectors for the estate; and receiving and assessing claims with payment to the creditors.Role: Project Lead. Restructuring of a fish processing company that filed for protection under Companies’ Creditors Arrangement Act (CCAA) legislation. This engagement started with an assessment of the feasibility of the company in the business lines in which it was operating; determination of gross margin by product; assessment of costs with multiple operating locations and synergies from consolidating locations; assessment of business plan and existing contracts; preparation of cash flow statements; monitoring the company throughout the sale of its excess inventory and fixed assets; and reporting to Court and creditors.Role: Project Lead. Trustee in Bankruptcy of a laser eye surgery business with clinics across Canada and over 3500 claimants. This role involved securing all of the clinic locations; assessing secured creditors’ claims; working with the Court appointed receiver to realize on the assets; processing, classifying and paying approved claims; reporting to Court; and handling creditor phone calls.Role: Project Lead. Review and reporting on alleged kiting activity of a retail company. The entity filed an assignment in bankruptcy as it was unable to continue its operations as there was no cash flow through its operating line when one of the impacted banks froze its account. We were the Trustee in Bankruptcy and Agent for the secured lender in selling the assets and addressing creditors’ claims. Role: Project Lead. Completed a business review of a company whose most significant customer became insolvent and filed for bankruptcy protection. As a result, the company was unable to generate sufficient revenues to continue its operations. We were appointed receiver, in order that steps could be taken to quickly trace and freeze funds which had been transferred from the entity to a related company, over which the secured lender did not hold security.Role: Project Lead. Appointment as receiver of a specialty retail company. Steps were taken to address competing creditors’ claims and the assets of the company were sold for the benefit of the secured lender.Role: Project Lead (Vancouver). Court Appointed Trustee of an airline. This role involved working with the national team to locate and identify all assets of the carrier; ongoing discussions with the Vancouver International Airport Authority and Transport Canada; meeting with the holder of duty free merchandise and various discussions with Canada Revenue Agency on same; contacting all employees and arranging for the return of all uniforms (post Sept/01).Role: Project Lead. Appointment as an impartial party to take possession of retail assets which were subject to a dispute between the business partners. Working with the parties to assess and inventory the assets.Role: Project Lead. Completion of a forensic review to determine the quantum of a fraud which had been perpetrated against an education facility. Completed an assessment of the controls in place and made recommendations for enhancements to the controls. Role: Project Lead. Worked with an individual who had been appointed Administrator Pendente Lite over the estate of a deceased individual. The Will of the individual was under dispute and the family members were each seeking control of the assets. The role of the Administrator required taking possession of the assets; completing an assessment of the assets including obtaining a valuation of the business entity for which the individual was the sole shareholder; various meetings with the two sides to the dispute; obtaining and reviewing ongoing information on the operation of the business; and reporting to the Court.Role: Project Lead. Engaged to complete a business review of a manufacturing entity. Upon attendance to commence the engagement the company filed a Notice of Intention to Make a Proposal. The secured lender was concerned of a potential dissipation of assets and we were appointed an Interim Receiver to oversee the limited operations of the entity. The role included meeting with management of the company; arranging for continuing access to the premises for management; review of all assets and receipts of cash into the company.Role: Project Lead. This engagement was to complete an assessment of a financial and statistical model which had been developed to assess the impact of a merger, and subsequent negotiation rulings, on the seniority and compensation to a category of employees. The engagement required us to: obtain a thorough understanding of each entities pre-merger employee compensation and the negotiated union requirements for seniority postings; to determine the level each individual would have been able to obtain should the merger not have occurred; to determine the level each individual was able to obtain post-merger (due to their subsequent seniority ranking); and to determine whether the model which had been prepared accurately reflected all permutations in order that it would withstand examination in Court.Role: Project Lead. Restructuring of a winery that filed for protection under Companies’ Creditors Arrangement Act (CCAA) legislation. The CCAA filing occurred as a result of a secured lender issuing its demand for repayment. The company was unable to put forward a plan of arrangement which would be acceptable to all parties and an assignment in bankruptcy occurred. As Trustee we located a purchaser for the assets and with their financing the Trustee purchased the assets from the Receiver, through various Court applications, and then filed a Proposal to bring the company out of bankruptcy and make full payment to the unsecured creditors.Role: Project Lead. Performed a business review of a company in the marine manufacturing industry. This company had had a fraud perpetrated against it by an employee, which resulted in insufficient cash flow being available for its continued operation. We were appointed Receiver and Trustee in Bankruptcy of the company and arranged for the sale of the assets. Role: Project Lead. Performed a detailed review of the accounting for a residential real estate development. Litigation was commenced by a group of home owners who alleged that the development was a joint venture with equal costs and profits to be paid by each party. A detailed review of all transactions occurred with various irregularities being identified.Role: Project Lead. Deloitte was appointed by management of a US manufacturing entity to operate its business and to arrange for its ultimate sale. Upon our appointment management resigned and we were charged with continuing the operations of the entity, in five locations with 300 employees. The engagement required the continued operation for a period of 60 days during which we arranged for customer orders to be fulfilled while utilizing existing inventory and arranging purchases of additional inventory to complete the orders. During the wind-down of the operations arrangements were made for the sale of redundant assets. After 60 days the remaining assets were sold as an ongoing operation. The assets were sold for approximately US $40 million.Role: Project Manager. South East Asia 2004 Tsunami relief effort – provided support to the United Nations Development Program as a project manager in the Maldives and Indonesia performing process reviews. The work completed was reviewing and documenting current processes; identifying areas for improvement; assisting with implementation; and sharing process-leading practices among Country teams.Publications and Professional ActivitiesMember of the Society of Management Accountants of British ColumbiaMember of the Canadian Association of Insolvency and Restructuring Professionals Panelist at the 11th annual, Annual Review of Insolvency Law, The Debtor’s Deal, February 2014Chairperson for the Canadian Association of Insolvency and Restructuring Professionals British Columbia Forum, Perspectives Beyond the Box, May 2013Chairperson for the Canadian Association of Insolvency and Restructuring Professionals British Columbia Forum, Tactics For Success, May 2012Co-author for the Annual Review of Insolvency Law, 2011 publicion, Ascalade: The Trials and Tribulations of Realizing on Chinese Investment and other Cross-Border Insolvency Issues, February 2012Presentation to Lex Mundi on Credit Bidding, September 2010Presentation to Women’s Leadership Foundation on The Value of Financial Goals, October 2009Co-author and presenter to the Continuing Legal Education Society of British Columbia, Employment Law Conference, Employment in Tough Times – Interplay Between Employment and Insolvency, May 2009Presentation to Urban Development Institute, Bulletproof Your Business, February 2009Education and Professional DesignationsChartered Professional Accountant, Certified Management Accountant, Certified Management Accountants Society of British Columbia, 2001Chartered Insolvency and Restructuring Practitioner, 2003Licensed Trustee in Bankruptcy, 2003 ................
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