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 2016 edition of Chambers Canada - Canada's Leading Lawyers for Business (Banking and Finance) (Band 4).
•Recognized in the 2016 edition of the Legal 500 Canada (Banking and Finance).
•Recognized in the 2016 and 2015 editions of Chambers Global - The World's Leading Lawyers for Business (Banking and Finance).
•Selected by peers for inclusion in the 2016 edition (and since 2011) of The Best Lawyers in Canada (Banking and Finance Law).
•Martindale-Hubbell BV Distinguished Peer Review Rated.