Jeffrey Levine 

Jeffrey Levine

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7791
e: jeffrey.levine@mcmillan.ca

overview

Jeffrey is a Principal in the firm's Advocacy and Litigation Group. He assists in the resolution of commercial disputes, with a focus on those disputes arising in the context of an insolvency or corporate restructuring. Jeffrey has appeared before all levels of court in Ontario, and regularly argues cases before Judges of the Toronto Commercial List. He has extensive trial experience in court and arbitration forums, and was recently recognized by Global Restructuring Review as top "40 Under 40" world's leading restructuring specialists for 2016.

A Programs Coordinator for the Ontario Bar Association Insolvency Section, Jeffrey recently chaired a program on Cross Border Retail Insolvency and last year chaired the section's annual dinner program entitled: Striving for Excellence in Canada's Insolvency and Restructuring Legal Regime.

Representative Matters

  • Acted for the debtor in CCAA proceedings, obtaining approval for DIP financing opposed by the company's senior creditor
  • Acted for receivers and senior secured creditors in receiverships involving liquidations and going-concern sales
  • Represented the interests of landlords in receivership proceedings of insolvent tenants
  • At the Ontario Court of Appeal, obtained a declaration as to priority under the Personal Property Security Act for a secured equipment supplier
  • Advised all players in the construction pyramid on construction law issues including the requirement for holdback, lien rights, preservation and perfection of liens and vacating or discharging liens
  • Resolved, in court and out of court, disputes between corporate shareholders, landlords and tenants, manufacturers and distributors and employers and employees

Publications

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust
Broken Break Fee: Investor's Claim for a Break Fee Denied in CCAA Proceeding
Post Up: Creditor Ordered to Deposit Security for Costs in British Columbia Bankruptcy Proceeding
Perfection is Critical to Maintaining Priority Over Judgment Creditors
Re MtGox: Using the BIA to Recognize Foreign Insolvency Proceedings
Revisiting, Then Revising, Old Contracts: Court of Appeal Considers Test for Rectification
Preferential Payments: Commercial Imperative Or Creditor Pressure?
Lift Stay Motion More Likely to Succeed in a Liquidating CCAA
Certainty of contract prevails: Trial judge erred in enforcing an implied contractual term
He who suffers later, suffers less: among ponzi scheme victims, court favours those who invested towards fund's end
Check those cheques: Is the payee plausible?

News

Jeffrey Levine recognized in the Global Restructuring Review – 40 Under 40

Education

  • University of Western Ontario, LLB - 2007
  • York University, B.Sc. (Hons. Space Communications Physics) - 2004

Year Of Call

  • Called to the Ontario bar - 2008

Practices

business litigation
restructuring and insolvency
litigation

Industries

banking, finance and insurance
commercial real estate
mining

Directorships and Professional Associations

  • Ontario Bar Association - Insolvency Section Executive Committee
  • Canadian Bar Association
  • Toronto Lawyers Association

Teaching Engagements

  • 2016 Osgoode-Schulich JD/MBA Conference – Featured Panel Member – Confidentiality and Privacy Concerns in Business Transactions
  • Toronto Lawyers Association – Insolvency Law: What Family, Civil, Criminal, and Personal Injury Lawyers Need to Know – February, 2013
  • The Institute of Law Clerks of Ontario – Advanced Litigation Law: eDiscovery, February, 2013
  • McMillan LLP (in-house presentation) – Real and Personal Property Security Reviews – March, 2013

Awards & Rankings

  • Global Restructuring Review 2016 - 40 Under 40
vcard

Jeffrey is a Principal in the firm's Advocacy and Litigation Group. He assists in the resolution of commercial disputes, with a focus on those disputes arising in the context of an insolvency or corporate restructuring. Jeffrey has appeared before all levels of court in Ontario, and regularly argues cases before Judges of the Toronto Commercial List. He has extensive trial experience in court and arbitration forums, and was recently recognized by Global Restructuring Review as top "40 Under 40" world's leading restructuring specialists for 2016.

A Programs Coordinator for the Ontario Bar Association Insolvency Section, Jeffrey recently chaired a program on Cross Border Retail Insolvency and last year chaired the section's annual dinner program entitled: Striving for Excellence in Canada's Insolvency and Restructuring Legal Regime.

  • Acted for the debtor in CCAA proceedings, obtaining approval for DIP financing opposed by the company's senior creditor
  • Acted for receivers and senior secured creditors in receiverships involving liquidations and going-concern sales
  • Represented the interests of landlords in receivership proceedings of insolvent tenants
  • At the Ontario Court of Appeal, obtained a declaration as to priority under the Personal Property Security Act for a secured equipment supplier
  • Advised all players in the construction pyramid on construction law issues including the requirement for holdback, lien rights, preservation and perfection of liens and vacating or discharging liens
  • Resolved, in court and out of court, disputes between corporate shareholders, landlords and tenants, manufacturers and distributors and employers and employees
February 2017
Broken Break Fee: Investor's Claim for a Break Fee Denied in CCAA Proceeding

Litigation Insolvency and Restructuring Bulletin

October 2016
Post Up: Creditor Ordered to Deposit Security for Costs in British Columbia Bankruptcy Proceeding

Litigation and Insolvency and Restructuring Bulletin

June 2016
Perfection is Critical to Maintaining Priority Over Judgment Creditors
Litigation and Commercial Law Bulletin
January 14, 2015
Constructive Trusts in Insolvency Situations: Wurth v 1135096 Alberta Ltd and Related Decisions
Jeffrey Levine and Stephen Brown-Okruhlik, OBA Insolvency Section
November 11, 2014
New Life For an Old Claim: Bankruptcy Act Offers Route to Litigate Fraudulent Conveyance Action a Second Time
Jeffrey Levine and Stephen Eddy, OBA Insolvency Section
May 22, 2014
Ontario Court of Appeal Overturns Finding of Quistclose Trust
Jeffrey Levine and Gideon Ng, OBA Insolvency Section
January 8, 2014
Lift Stay Motion More Likely to Succeed in a Liquidating CCAA
Jeffrey Levine and Stephen Brown-Okruhlik, OBA Insolvency Section
April 2012
Check those cheques: Is the payee plausible?
Financial Services Litigation Bulletin