Dennis K. Fitzpatrick

Dennis qualified as an Arbitrator under the rules of the B.C. Arbitration & Mediation Institute in November of 2008. He previously acted for the soft drink industry in extensive cost-based arbitration proceedings. Dennis Fitzpatrick advises commercial clients based on the applicable law, both in the boardroom and where necessary, in the courtroom.  Many transactions require court supervision of disputes as to commercial rights or to establish priorities where there is inadequate value to satisfy all claims.  A consideration of both the in court and out of court alternatives permits clients to examine their rights from both perspectives. Dennis represents banks, secured lenders, franchisors, landlords and other commercial entities in enforcing their rights, often against insolvent debtors. Timely enforcement of creditors’ rights in foreclosure and under the Personal Property Security Act is the foundation of the practice. Dennis represents insolvent debtors in restructuring transactions against their creditor groups.  Dennis recognizes that commercial insolvency is real time litigation in the sense that a business is ongoing and creditors’ realizations are maximized with the continuation of a business.  Timing of enforcement is key to recovery. Value may be preserved or enhanced by the manner in which the business is continued. The requirements of business operation to the community, employees and the principals of the debtor are paramount considerations in strategic enforcement.  Accordingly, asset protection and realization are driven by legal principles and strategic action applied together.