Alfonso Nocilla

Alfonso Nocilla

Academic Degrees:

B.A. (Philosophy and History), Toronto, 2007; J.D., Queen’s, 2010; LL.M., Western, 2011; Ph.D. (Law), UCL, 2019; Called to the Bar of Ontario, 2012.

Email: anocilla@uwo.ca
Phone: 519-661-2111, ext. 84002
Office: LB 116

Alfonso has broad interests in commercial law, with emphasis on insolvency.  His research is methodologically diverse, incorporating comparative and empirical approaches, and he has collaborated with statisticians on large quantitative studies of insolvency regimes.  His work has been published in leading scholarly journals, has contributed to law reform efforts in Canada and the European Union, and has been cited favourably by a number of courts, including the Supreme Court of Canada.

Alfonso is regularly invited to present his research at academic conferences in Canada and overseas.  He has also served as an academic reviewer of the CIRP Qualification Program for the Canadian Association of Insolvency and Restructuring Professionals (a prerequisite for the licensing of bankruptcy trustees and chartered restructuring professionals), has refereed articles for specialist and general academic law journals in Canada, and is currently a guest co-editor of three special issues of the Canadian Business Law Journal dedicated to the proceedings of the “100 Years of Canadian Bankruptcy and Insolvency Law” conference to be held at Western in May 2021.  Alfonso also consults privately on commercial and insolvency law matters and has provided expert commentary on significant cases to The Globe and Mail, The Canadian Press, and The Lawyer’s Daily, among other media.

Alfonso joined Western as a tenure-track Assistant Professor in 2018.  Previously, he was a Visiting Professor and Catalyst Capital Fellow in Insolvency Law at Western, as well as a Research Fellow at the University of Florence for the E.U.-funded project “Contractualised Distress Resolution in the Shadow of the Law”.  Prior to that, he practiced commercial law in Toronto for several years.  He completed his Ph.D. in corporate insolvency law at UCL, supported by a SSHRC Doctoral Fellowship.

Seeking graduate students in the following areas: Bankruptcy and Insolvency Law, Commercial Law

Research Highlights

Peer-Reviewed Articles

“Reorganizations, Sales, and the Changing Face of Restructuring in Canada: Quantitative Outcomes of 2012 and 2013 CCAA Proceedings” (2019) 42:2 Dalhousie Law Journal 371-396.

with Vern DaRe, “The Trouble with Pre-Packs”, in Janis P. Sarra et al., eds., Annual Review of Insolvency Law 2018 (Toronto: Thomson Reuters, 2019) 621-640.

“Asset Sales and Secured Creditor Control in Restructuring: A Comparison of the UK, US and Canadian Models” (2017) 26:1 International Insolvency Review 60-81.

“The History of the Companies’ Creditors Arrangement Act and the Future of Restructuring Law in Canada” (2014) 56:1 Canadian Business Law Journal 73-103.

“Is ‘Corporate Rescue’ Working in Canada?” (2013) 53:3 Canadian Business Law Journal 382-406.

“Asset Sales Under the Companies’ Creditors Arrangement Act and the Failure of Section 36” (2012) 52:2 Canadian Business Law Journal 226-247.

Book Chapters

“Bankruptcy: Commencement and Consequences” in Stephanie Ben-Ishai & Thomas G.W. Telfer, eds., Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems (Toronto: Irwin Law, 2019).

“Property” in Stephanie Ben-Ishai & Thomas G.W. Telfer, eds., Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems (Toronto: Irwin Law, 2019).

“Priorities and Distribution” in Stephanie Ben-Ishai & Thomas G.W. Telfer, eds., Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems (Toronto: Irwin Law, 2019).

“Canada” in Jason Chuah and Eugenio Vaccari, eds., Treatment of Executory Contracts in Insolvency Law: A Global Guide (Cheltenham: Edward Elgar, 2019).

Commissioned Reports

with Rizwaan Mokal and Nigel Balmer, Contractualised Distress Resolution in the Shadow of the Law: United Kingdom National Findings (European Commission, 2018).

Case Comments

Ipso Facto Clauses and the Limits of Freedom of Contract in Insolvency: Capital Steel v Chandos Construction” (2019) 62:3 Canadian Business Law Journal 337-350.

Book Reviews

Louise Gullifer and Orkun Akseli, eds., Secured Transactions Law Reform: Principles, Policies and Practice (Oxford: Hart Publishing, 2016), (2018) 33:3 Banking and Finance Law Review 421-424.