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 and restructuring.  His research in these areas is methodologically diverse, incorporating comparative and empirical approaches, and has been cited favourably by courts across Canada, including the Supreme Court of Canada.

Alfonso is a member of the Editorial Advisory Board of the Canadian Business Law Journal, a Co-Editor of the Journal of the Insolvency Institute of Canada, an Academic Member of the Insolvency Institute of Canada, and an Affiliated Researcher of the Desautels Centre for Private Enterprise and the Law.  He has consulted on commercial and/or insolvency law matters for the Canadian government, professional associations, and private parties.  He has been interviewed by The Globe and Mail, CTV News and CBC Radio One, among other media, regarding significant insolvency cases.

Alfonso joined Western Law 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”, which informed the new European Restructuring Directive.  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

Articles

Pre-packaged Administration and the Destruction of Value: The View from the U.K.” (2021) 64:3 Canadian Business Law Journal 342.

with Vern W. DaRe, “Bestriding the Narrow World: Is it Time to Bifurcate the Role of the CCAA Monitor?”, in Jill Corraini & Hon. Blair Nixon, eds., Annual Review of Insolvency Law 2020 (Thomson Reuters, 2021; 2020 CanLIIDocs 3595) 224.

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

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 [invited].

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

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

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

Comments

“Comment on Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc., 2021 ONCA 925”, (2023) 45:2 Manitoba Law Journal 177 [invited for inaugural issue of Desautels Review of Private Enterprise & Law].

“Freedom of Contract, Fairness, and the Anti-Deprivation Rule”, (2022) 65:3 Canadian Business Law Journal 374 [invited].

with Vern W. DaRe, “The Inconvenient Act: Letters of Credit and Landlord Rights in Bankruptcy” (2021) 36:2 Banking and Finance Law Review 303.

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 [invited].

Is ‘Corporate Rescue’ Working in Canada?” (2013) 53:3 Canadian Business Law Journal 382 [invited].

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 422.