Jonathan 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 finance. He has particular expertise assisting US commercial finance companies, both public and private, with establishing operations in Canada providing both legal and practical business advice. He is the only Canadian lawyer to sit on a sub-committee of the Equipment Leasing and Finance Association. 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.
His work in this area includes:
· Advising both lenders and borrowers on lease and debt financings of corporate aircrafts and railcars
· Developing and executing private securitization structures
· 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
· Acting for purchasers and sellers on syndication of both domestic and international finance contracts
· Developing a strategic plan for a corporate debtor to successfully restructure its ownership and provide for growth
· 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
Associations
· Association for Corporate Growth
· Canadian Bar Association
· Canadian Finance and Leasing Association
· Equipment Leasing and Finance Association
· Ontario Bar Association
Articles
The Canadian Leasing Environment: An Overview for US Professionals (Business and Legal), 05/05/2011
Reliance on Collateral Descriptions Reinstated and New Hope That s.7 of the PPSA (Ontario) (Where to Register) Will be Proclaimed Into Force, 01/25/2011
Asset-Based Lending in Canada: An Overview for US Professionals, 11/15/2010
Purchase-Money Security Interests: Cross-Collateralizing Without Waivers, 11/05/2010
Purchasers of Chattel Paper and Instruments, 06/21/2010
The Business of Asset Finance - A Primer for Lawyers, 06/15/2010
Personal Property IJARAH Sukuk's Canadian Legal Issues and the Leasing Market, 06/15/2010
The Canadian Equipment Finance Environment, 09/30/2009
Changes to Canada's Income Tax Act and Impact on Equipment Finance, 05/06/2009
Federal Government Releases Consultation Paper on Leasing Framework, 04/28/2009
Commercial Lessors and the New Motor Vehicle Sales and Dealership Regime in Ontario, 04/28/2009
Ontario Motor Vehicle Dealer's Act 2002 Implementation Delayed Until January 1, 2010, 03/04/2009
Motor Vehicle Dealers Act Coming into Effect April 1, 2009 Equipment Financiers Must Take Action, 01/23/2009
Getting in on the Green: The Benefits of Carbon Credits in the Leasing Context, 10/15/2008
Newsletter Articles
Canadian Insolvency Law Amendments: Focus for Equipment Financiers, 10/27/2009
Newsletters
Motor Vehicles in a Consumer Insolvency. British Columbia Court of Appeal Determines Trustees and Consumers Claims - TRAP for Subprime Auto Lenders Revisited, 04/18/2012
Cow Harbour True Lease Characterization Decision Released: Moving in the Right Direction, 03/23/2012
Abuse of the Repair and Storage Lien Act, 03/06/2012
Priority Agreements in Inventory Financing: Parts and Supplies Should Be Carefully Defined, 02/29/2012
Dealers Beware - Providing a Loaner to your Customer - Action Item - Ensure you have a Loaner Agreement, 10/11/2011
Financial Services Group e-LERT - Proposal for a New Framework for the Regulation of Securitized Products, 04/14/2011
Financial Services Group e-LERT: Update to Survey of Provincial Motor Vehicle Vicarious Liability - Alberta Cap Comes into Effect March 1st, 2011, 01/17/2011
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, 07/12/2010
Purchase-Money Security Interests: Cross-collateralizing without waivers, 04/06/2010
The Transition to New Rules for Pre-Authorized Payment Plans, 01/12/2010
Purchasers of Chattel Paper & Instruments, 11/17/2009
Restructuring and Insolvency Group e-COMMUNIQUE - October 2009, 11/09/2009
Financial Services Group e-lert - May 2009, 05/25/2009
Transactions
BAL Global Finance Canada Corporation Arranges the Issuance of US$64,675,000 5.7% Senior Secured Notes by CPR Leasing Ltd., 04/15/2010
Presentations
05/02/2011, Canada - What You Don't Know May Cost You: Common Mistakes that US Lawyers Make in Canadian Cross-Border Transactions
02/09/2011, Equipment Lease Financing in Today's Loan Transactions (2011)
02/03/2011, The Credit Crunch Aftermath - How the Leasing Industry Has Changed
02/03/2011, The Credit Crunch Aftermath - How the Leasing Industry Has Changed
01/31/2011, Practical Guide to Key Business Agreements
12/01/2010, Developing Strategies and Documentation Techniques to Enhance Efficiency and Get the Transaction Closed in Current Market Conditions
03/31/2010, Alternative Capital Markets and Takaful Insurance
02/24/2010, Essential Elements and Critical Updates of Key Business Agreements
11/04/2009, Equipment Lease Financing in Today's Loan Transactions
04/19/2009, The New Motor Vehicle Act and Its Impact on the Equipment Finance Industry
10/22/2008, Drafting Commercial Credit Agreements
05/04/2008, Rev Up Your Engines for the 2008 Motor Vehicle Update
03/05/2008, Best Practices For Integrating Equipment Leasing and Financing in Commercial Lending
03/06/2007, Analyzing the Important Role of Equipment Leasing and Financing in Commercial Lending
09/28/2006, Leases Involving Personal Property; Loan and Credit Agreements