- Asset-Based Lending
- 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 School||University of Toronto, J.D., 1987|
•Canadian Finance and Leasing Association, Director
•Equipment Leasing and Finance Association, Committee Member (Legal)
•Association for Corporate Growth
•Canadian Bar Association
•Ontario Bar Association
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.
*denotes Professional Corporation
•Martindale-Hubbell, AV Preeminent rating
•The Best Lawyers in Canada 2013-2015 (Equipment Finance Law; Banking and Finance Law)
•Canadian Legal Lexpert Directory 2012-2014 (Asset Equipment Finance/Leasing)
Publications, Newsletters and Articles
Storage Wars! Round One - Still a Long Road to Stop RSLA Storage Abuses
Traps for the Unwary: Guarantors & Co-lessees - A Rose by Any Other Name
Teaching Old Dogs New Tricks - Changes to the Canada Small Business Financing Regulations
Canadian Securities Regulators Propose New Short-Term Securitized Product Exemption: Part II
Canadian Securities Regulators Propose New Short-Term Debt Exemption: Part I
Northward Bound: Why Invest in Canada (Equipment Finance Advisor)
Individual Guarantors in Alberta: Trap for the Unwary and Extra Cost
Securitization is Back!
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
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, 2009Equipment Financiers Must Take Action
Getting in on the Green: The Benefits of Carbon Credits in the Leasing Context
Key Equipment Finance Inc. Finances Mining Equipment and Railcars Through a $220 Million Facility
Cassels Brock Represents Hitachi Capital Canada Corp. in the Acquisition of CLE Leasing Enterprises Ltd.
Cassels Brock Represents Forbes Coal in the Closing of its US$6 Million Loan Facility
In The News
42 Cassels Brock Lawyers Included in Best Lawyers in Canada 2015
34 Cassels Brock Lawyers Named in Lexpert's 2014 Directory
Jonathan Fleisher Elected to Board of Directors of the CFLA
Documents by this lawyer on Martindale.com
The Indoor Management Rule and Security Grant in a Signed Purchase Order Upheld
Jonathan Fleisher,Keri Wallace, October 9, 2014
A question that we are often asked as finance lawyers is what level of support is needed to confirm that a document was properly executed, such that it would be binding on, and enforceable against, the corporate signatory. Our general advice is to obtain a certificate of incumbency, together with...
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...
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