Jonathan Fleisher: Lawyer with Cassels Brock & Blackwell LLP

Jonathan Fleisher

Partner
Toronto,  ON  Canada
Phone416 860 6596

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Asset-Based Lending
  • Automotive
  • Aviation
  • Business
  • Equipment & Asset Financing
  • Financial Services
  • Information Technology
  • International Business
  • Lending & Finance
  • Renewable Energy & Clean Technology
  • Restructuring & Insolvency
  • Securitization & Structured Finance
 
University University of Toronto, B.Comm., 1980; Clarkson University, M.B.A., 1982
 
Law SchoolUniversity of Toronto, J.D., 1987
 
Admitted1989, Ontario
 
Biography

Jonathan Fleisher is a partner in the Financial Services and Business Law Groups.

His financial services practice focuses on the commercial finance industry with a particular emphasis on innovative cross-border transactions and equipment and asset finance, where he has been recognized as a leading lawyer by the Canadian Legal Lexpert Directory and Best Lawyers. He has particular expertise assisting public and private US commercial finance companies with both establishing operations in Canada and purchasing and selling finance and lease companies, providing both legal and practical business advice. Jonathan's work in the automotive sector is focused on structured finance, securitization and commercial and consumer leasing issues. His experience also extends to all forms of debt finance including sub-debt, venture financings, convertible debt, tranche b debt and asset-based lending.

Jonathan's exposure to commercial finance provides him with a unique insight in acting for both debtors and creditors in financial restructuring. His solicitor-focused restructuring practice focuses on strategic planning within an insolvency context. When acting for a creditor, Jonathan provides practical advice on how to maximize returns without exposing the creditor to enhanced liability. For debtors, his advice includes structuring debt investments, advising directors on how to minimize personal liability and developing plans to allow entities to utilize insolvency legislation to assist a company's recovery.

Jonathan is an avid lecturer and writer on both a domestic and international level. Typically he speaks about six times per year at both business and legal conferences. He is also a prolific writer on topics related to equipment finance and cross-border transactions. Jonathan is the legal editor for Fleet Digest magazine and has completed both the Equipment Finance and Subordinated Debt chapters for Canadian Forms & Precedents. He has also drafted specific guides for US lenders expanding operations to Canada.

His work in this area includes:

· Acting for CIT Financial Ltd. in an equipment based revolving loan to Bauer- Pileco for assets located in Canada and the US

· Acting for a private equipment finance company in the sale of the business

· Representing Hitachi Capital America Corp in their expansion into Canada through their subsidiary Hitachi Capital Canada Corp. and the development of a marketing and services agreement between Hitachi Canada and CLE Leasing Enterprise Ltd.

· Acting for a multi-national equipment finance company, as borrower, in a US$300,000,000 syndicated credit facility

· Advising lenders, arrangers and borrowers on lease and debt financings of railcars

· Developing and executing private securitization structures

· Securitizing auto portfolios of cross-Canada dealers

· Handling a private securitization of equipment finance portfolios in nine figure transactions

· Representing international and domestic banks and commercial finance companies as both purchasers and sellers in nine figure portfolio transactions

· Representing Banks in purchasing all of the assets of a private leasing company

· Acting for a multinational commercial finance company on a significant insolvency of one of its borrowers

· Handling a joint venture and program structures between top 10 international banks and the world's largest software and equipment providers

· Developing commercial finance precedents and procedures for newly established Canadian entities

· Acting for both purchasers and sellers of commercial finance companies

Jonathan sits on the board of a number of his clients.

The corporate side of Jonathan's practice focuses on all aspects of corporate law, including mergers and acquisitions, finance and strategic advice. He has a particular expertise with both finance companies and mid-sized technology companies assisting them from start-up to their eventual take-out strategy. He is able to provide legal and business advice gained from his pre-legal career.

Achievements

· Martindale-Hubbell, AV Preeminent™ rating

· The Best Lawyers in Canada 2013-2014 (Equipment Finance Law; Banking and Finance)

· Canadian Legal Lexpert Directory 2012-2013 (Asset Equipment Finance/Leasing)

Associations

· Canadian Finance and Leasing Association, Director

· Equipment Leasing and Finance Association, Committee Member (Legal)

· Association for Corporate Growth

· Canadian Bar Association

· Ontario Bar Association

Publications, Newsletters and Articles

Floor Plan Financing with an Interesting Result

Canadian Finance & Leasing Association ("CFLA") Member Issued an Order as Lessor Under Ontario's Occupational Health and Safety Act ("OHSA")

Lenders Beware - "Reasonable" Repair and Storage Charges Add-up Fast!

California Greenhouse Gas Emissions Reduction Regulation Impacts Class 7 and 8 Tractors and Trailers Leased by Canadian Lessors - Action May be Required

Cross-Border Leasing for U.S.-Based Lenders (CBB Corporate Counsel Insights Video Series)

Equipment Finance Laws Confirmed by Decision in Summit Leasing

Supreme Court of Canada Decision in Indalex does not Impact Equipment Finance Companies or Purchase-Money Security Interests in Inventory

Debt Settlement Industry - Regulation is on the Way

Security Interests in Railcars: A Canadian Overview

Hav-a-Kar Leasing: Accelerated Payments - Close But Not Quite Right

Oh Canada! Seeking Growth North of the Border

Sale and Operation of a Business (Canadian Forms and Precedents)

To Err is Human and to Forgive, Divine - British Columbia Judge Relies on Equitable Principles to Save an Errant Discharge

Changes to Thin Capitalization Rules: Concern for US Finance and Non-Finance Companies with Canadian Subsidiaries

Lien Issues: Use and Abuse of the RSLA

Motor Vehicles in a Consumer Insolvency. British Columbia Court of Appeal Determines Trustees and Consumers Claims - TRAP for Subprime Auto Lenders Revisited

Cow Harbour True Lease Characterization Decision Released: Moving in the Right Direction

Abuse of the Repair and Storage Lien Act

Priority Agreements in Inventory Financing: Parts and Supplies Should Be Carefully Defined

Reliance on Collateral Descriptions Reinstated and New Hope that Section 7 of the Personal Property Security Act (Ontario) (where to register) Will be Proclaimed into Force

Purchasers of Chattel Paper and Instruments

The Business of Asset Finance - A Primer for Lawyers

Personal Property IJARAH Sukuk's Canadian Legal Issues and the Leasing Market

Purchase-Money Security Interests: Cross-collateralizing without waivers

The Transition to New Rules for Pre-Authorized Payment Plans

Purchasers of Chattel Paper & Instruments

Restructuring and Insolvency Group e-COMMUNIQUE - October 2009

Canadian Insolvency Law Amendments: Focus for Equipment Financiers

The Canadian Equipment Finance Environment

Financial Services Group e-lert - May 2009

Changes to Canada's Income Tax Act and Impact on Equipment Finance

Federal Government Releases Consultation Paper on Leasing Framework

Commercial Lessors and the New Motor Vehicle Sales and Dealership Regime in Ontario

Ontario Motor Vehicle Dealer's Act 2002 Implementation Delayed Until January 1, 2010

Motor Vehicle Dealers Act Coming into Effect April 1, 2009

Equipment Financiers Must Take Action

Getting in on the Green: The Benefits of Carbon Credits in the Leasing Context

 
ISLN907379711
 

Documents by this lawyer on Martindale.com

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Storage Wars! Round One - Still a Long Road to Stop RSLA Storage Abuses
Jonathan Fleisher,Eleonore Morris, May 12, 2014
Ontario is taking the next step in its plan to help reduce the amount of time a vehicle can be stored - incurring charges - after an accident without notice to the driver or other parties having an interest in the vehicle (such as an equipment financier) from 60 days to a shorter time frame.

Traps for the Unwary: Guarantors & Co-Lessees - A Rose by Any Other Name
Jonathan Fleisher,Patience Kalu Omokhodion, May 12, 2014
At Cassels Brock, we are regularly asked by equipment lessors if it is better to structure a transaction as co-lessees or as a lessee with a guarantor. The classic example would be in a car lease where a parent is “signing” on behalf of their child. The parent will have no use of the...

Teaching Old Dogs New Tricks - Changes to The Canada Small Business Financing Regulations
Jonathan Fleisher,Keri Wallace, April 16, 2014
The Canada Small Business Financing Program (“CFBFP”) was first introduced over 40 years ago by the Federal Government to provide small and medium sized businesses greater access to financing, through this government guaranteed loan program. When initially introduced, banks readily...



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Office Information

Jonathan Fleisher

40 King Street West
TorontoON M5H 3C2




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