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 Partner in the Advocacy and Litigation Group at McMillan LLP. 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 recognized by Global Restructuring Review as top "40 Under 40" world's leading restructuring specialists for 2016. Jeffrey is the Chair of the Ontario Bar Association Insolvency Section.

Representative Matters

  • Represented in Canada an official committee of equity security holders established under US bankruptcy law in a cross-border proceeding involving a multinational sport apparel manufacturer
  • Represented a major raw material supplier to a Canadian manufacturer that was the subject of CCAA proceedings
  • Represented a US-based landlord in a multi-million dollar contested claim against an insolvent guarantor of a disclaimed lease where the guarantor was the subject of CCAA proceedings
  • 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

Amendments to the CCAA, BIA and CBCA Now in Force
Alberta Court of Appeal Ranks CCAA Super-priority Charges Ahead of CRA's Deemed Trust, but Uncertainty Remains
Court Counsels Engagement with Creditor before Ruling on Proofs of Claim
Canadian Corporate & Restructuring Legislation: Changes Could be on the Way
The Queen v. Callidus Capital Corporation Overturned;
Lenders Breathe a Sigh of Relief, But For How Long?
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?
Special relationships may not be so special
Banks have Right to Hold Tight in Paying Cheques - Ontario Court holds that banks need not bear the risks of cheques being dishonored
Banks have right to hold tight in paying cheques: Ontario court holds that banks need not bear the risks of cheques being dishonoured
Beware – indemnify a Canadian company and you may just find yourself stuck in a Canadian Court
Ontario Court of Appeal clarifies enforceability of exclusive jurisdiction clauses
verify those verification clauses – an update to account agreements may be in order
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?
Construction Law in Canada
Trust Me! – Ontario Court of Appeal expands pool of trust beneficiaries under the Construction Lien Act
Exposing the Mess Swept Under the Rug: Supreme Court of Canada Orders Damages for Breach of Tendering Contract
The Lien Clock Doesn't Tick Forever
Show Me the Money: Security for Costs in Commercial Arbitrations
The Rules, They Are A Changin'
A Broker's Word is Its Bond: Verbal Contract Held Binding in UBS v. Sands
Creditors' Use of the Oppression Remedy

News

Jeffrey Levine recognized in the Global Restructuring Review – 40 Under 40
Lisa Brost, Jeffrey Levine and Stephanie Robinson are published in the National Banking Law Review

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 – Chair of the Insolvency Section Executive Committee
  • Canadian Bar Association – Executive Member of the National Insolvency Section
  • Toronto Lawyers Association
  • Advocates’ Society

Teaching Engagements

  • 2018 CBA Insolvency Law Conference – Featured Panel Member – Bricks and Mortars: Even Giants Fall – Panel explored the issues that arise when retail fails
  • 2018 - Advocates’ Society Mentoring Dinner Series - Mentor
  • 2016 Osgoode-Schulich JD/MBA Conference – Featured Panel Member – Confidentiality and Privacy Concerns in Business Transactions

Awards & Rankings

  • Global Restructuring Review 2016 - 40 Under 40
vcard

Jeffrey is a Partner in the Advocacy and Litigation Group at McMillan LLP. 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 recognized by Global Restructuring Review as top "40 Under 40" world's leading restructuring specialists for 2016. Jeffrey is the Chair of the Ontario Bar Association Insolvency Section.

  • Represented in Canada an official committee of equity security holders established under US bankruptcy law in a cross-border proceeding involving a multinational sport apparel manufacturer
  • Represented a major raw material supplier to a Canadian manufacturer that was the subject of CCAA proceedings
  • Represented a US-based landlord in a multi-million dollar contested claim against an insolvent guarantor of a disclaimed lease where the guarantor was the subject of CCAA proceedings
  • 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
November 2019
Amendments to the CCAA, BIA and CBCA Now in Force

Restructuring Bulletin

September 2019
Court Counsels Engagement with Creditor before Ruling on Proofs of Claim

Restructuring and Insolvency Bulletin

May 2019
Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Restructuring, Litigation and Business Law Bulletin

August 2018
Insolvency Proceedings Concerning Canadian-Based Retailers

CBA Insolvency Law Conference

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
November 2011
Special relationships may not be so special
Litigation Bulletin
May 2010
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?

Projects and Construction Litigation Bulletin

May 2010
Construction Law in Canada

Contributing Author, Book, published by LexisNexis

January 2010
The Lien Clock Doesn't Tick Forever

Construction Litigation Bulletin

October 2009
The Rules, They Are A Changin'
Co-author, Litigation Bulletin on Upcoming Amendments to Ontario Rules of Civil Procedure
May 2009
Creditors' Use of the Oppression Remedy
Ontario Bar Association