- Banking and Financial Services
- Bankruptcy, Insolvency and Restructuring
|University ||York University, B.A., Hons.; Brandeis University, M.A.|
|Law School||University of Toronto Law School, LL.B., 1989|
• Lecturer, Secured Lending and Debt Finance Course, Osgoode Professional Development, 2012 and 2013.
•Lecturer, Commercial Loan Finance and Security Course, Osgoode Professional Development, 2007-11.
•Lecturer, Insight Advanced Asset-Based Lending Conference, 2007 and 2008.
•Instructor, Business Law section of the Law Society of Upper Canada Bar Admission course
•Advisory Board Member, Canadian Commercial Law Guide published by CCH
Howard Silverman is a partner in the Toronto office of Borden Ladner Gervais LLP. His practice focuses primarily on lending, both for banks and other lenders, and for borrowers. He has particular expertise in asset-based and cross-border transactions. Other areas of his practice include insolvency, work-out and restructuring matters, as well as equipment leasing. Howard frequently lectures at continuing legal education programs and writes on topics relating to various lending and security issues.
Publications & Presentations
•Lenders Must Ensure Compliance with Guarantee Conditions or Risk Discharge of Guarantee: Coast Mountain Aviation v. Brooks Enterprises, National Banking Law Review, April 2013.
•Inadvertently Discharged PPSA Financing Statement Saved by Equity (But Caution, This Will Not Always Occur), National Creditor Debtor Review, March 2013.
•Supreme Court of Canada Indalex Decision: Implications for Lending, BLG's Lending Alert, February 2013.
•Ontario Cures Inadvertent Repeal of Former Section 46(3) of the PPSA, BLG's Financial Services Bulletin, October 2010.
•Independent vs. Co-Extensive Limitation Periods for Guarantees in Ontario: The Bank of Nova Scotia v. Williamson, National Banking Law Review, April 2009.
•Personal Property Security Act (Ontario) Amendments, BLG's For Interest's Sake, Winter 2007.
•The Impact of the New Limitations Act on Lending and Debt Recovery in Ontario, BLG's For Interest's Sake, Summer 2004.
•Agent Bank's Disclaimer Clauses in Syndicated Loan Agreements, BLG's For Interest's Sake, Summer 2004.
•Supreme Court of Canada Applies 'Notional Severance' to Illegal Interest Rate, BLG's For Interest's Sake, Spring 2004.
•Negotiating Landlord Waivers, CCH Commercial Times, May 2003.
Rankings & Recognitions
•Recognized in the 2014 edition of Chambers Global - The World's Leading Lawyers for Business (Banking and Finance).
•Selected by peers for inclusion in the 2014 edition (and since 2011) of The Best Lawyers in Canada (Banking and Finance Law).
•Martindale-Hubbell BV Distinguished Peer Review Rated.
|Reported Cases||Representative Work; Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in establishing and maintaining single-lender and syndicated credit facilities of all types. Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in all aspects of asset-based financing transactions. Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in structuring and negotiating cross-border financing transactions. Advises a variety of non-Canadian banks and financial institutions on a range of issues relating to establishing a presence in Canada, including documentation and security issues, and regulatory issues relating to lending in Canada. Advises banks and financial institutions, as well as borrowers, in restructuring and working-out credit facilities in both private and court-sanctioned contexts, including DIP financing. Advises banks and financial institutions in connection with enforcement matters. Advises equipment lessors in documenting and negotiating equipment leases. Types of equipment have included railcars, mining equipment, flight simulators and computer networking equipment. Advises clients in connection with inventory finance programs. Has advised banks and financial institutions in connection with project finance transactions.|
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