Jeffrey Levine photo
Jeffrey Levine photo
Jeffrey Levine photo

Jeffrey Levine is an experienced litigator with a corporate commercial practice that focuses on restructuring, bankruptcy, director and officer obligations, banking and finance.

Known for his ability to resolve commercial disputes, Jeffrey is recognized for outstanding expertise in matters relating to insolvency or corporate restructuring. He regularly acts for creditors, debtors, purchasers, landlords and court officers in proceedings under the Companies’ Creditors Arrangement Act and the Bankruptcy and Insolvency Act.

With particular expertise in the oppression remedy, Jeffrey frequently represents companies, directors and officers in cases involving oppression, breach of fiduciary duty and negligence, most notably acting for a group of former directors and officers of Sino-Forest Corporation.

Appearing before all levels of court in Ontario, Jeffrey regularly argues cases before judges of the Toronto Commercial List and appears at arbitration forums.

Jeffrey is recognized as a leading lawyer under 40 by Lexpert (2020), by Benchmark Litigation: Canada (2020) as a future star, and as a leading lawyer to watch in the Canadian Legal Lexpert Directory (2020). He is a past chair of the Ontario Bar Association Insolvency Section.



Representative Matters

  • Succeeded in converting a CCAA proceeding into a receivership, acting for the fulcrum secured creditor
  • Acted for publicly traded Canadian corporation with operations throughout the United States in obtaining court approval of a plan of arrangement with creditors opposed by shareholders
  • Acted for a large municipal utility in the settlement of a multi-million delay liquidated damages claim within the CCAA proceeding of an international general contractor
  • 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

Speaking Engagements

A Conversation with Tomorrow’s Legal Leaders: What Does it Meant to be an Effective Lawyer in 2021? – Panel Member

2020

Osgoode Construction Law Certificate Program – Intersection of Construction and Insolvency Law

2020 and 2019

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

2018

Osgoode-Schulich JD/MBA Conference – Featured Panel Member – Confidentiality and Privacy Concerns in Business Transactions

2016

Teaching Engagements

  • January, 2021  and 2022 – Delivered lecture on Plans of Arrangement, Oppression and Insolvency and Restructuring Litigation to students at the Faculty of Law, Queen’s University
  • 2020 and 2019 Osgoode Construction Law Certificate Program – Intersection of Construction and Insolvency Law
  • 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

News



Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2025) as a leading lawyer in the area of Insolvency and Financial Restructuring Law
  • Recognized in the 2024 Benchmark Litigation: Canada Guide
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Insolvency and Financial Restructuring Law
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Future Star
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Insolvency and Financial Restructuring Law
  • Recognized in the 2022 Benchmark Litigation Canada’s 40 & Under Hot List! as a leading litigator
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Future Star
  • Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Insolvency and Financial Restructuring Law
  • Recognized in the 2021 Benchmark Litigation Canada’s 40 & Under Hot List! as a leading litigator
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as a Future Star
  • Recognized in the 2021 Canadian Legal Lexpert Directory as a Leading Lawyer to Watch in the area of Insolvency & Financial Restructuring: Insolvency Litigation
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Insolvency and Financial Restructuring Law
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Leading Lawyer to Watch in the area of Insolvency & Financial Restructuring: Insolvency Litigation
  • Winner in Lexpert’s 2020 Rising Stars Awards: Leading Lawyers Under 40
  • Recognized in the 2020 Benchmark Litigation: Canada Guide as a Future Star
  • Global Restructuring Review 2016 – 40 Under 40

Directorships & Affiliations

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

Education & Admissions

2008
Called to the Ontario bar
2007
LLB University of Western Ontario
2004
B.Sc. (Honours, Space Communications Physics)York University

Publications

Insights (24 Posts)View More

Featured Insight

Why Enforcement on Personal Guarantees Can Be so Challenging for Creditors

Realizing on real estate to enforce a court award is notoriously hard. A recent Ontario court decision has stymied creditors' efforts to fine-tune the process.

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Jun 29, 2023
Featured Insight

Creditors May Invalidate Debtor Fraudulent Transfers Occurring Long Before Any Debtor-Creditor Relationship Established

A creditor may undo a transaction as a fraudulent conveyance even if it was not a creditor at the time the debtor made the transfer.

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Jun 20, 2023
Featured Insight

Think Twice, Draft Once: Consequential and Special Damages in Exclusion Clauses

This bulletin examines exclusion clauses and the varying definitions of "consequential" and "special" damages found within these provisions.

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May 10, 2023
Featured Insight

Indemnity Agreement for Costs of Enforcing on Security Undermined by an Exercise of Judicial Discretion

A recent decision of the Ontario Superior Court of Justice appears to expand the circumstances in which courts will disregard full indemnity for costs clauses

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Apr 18, 2023
Featured Insight

Arbitration Clauses Should be Respected, Most of the Time: Supreme Court of Canada Shifts Focus Away From Single Proceeding Model for Insolvencies in Rendering Arbitration Clause Inoperative

The SCC has provided a framework on when arbitration clauses should be rendered inoperative in order to promote efficiency in an insolvency proceeding.

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Dec 5, 2022
Featured Insight

A Second Look at the Ontario Court of Appeal’s Decision Expanding Directors’ Duties

Directive actions would have been preferable to employing an ad hoc fiduciary duty analysis in the Ontario Court of Appeal's decision in Varma

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Nov 15, 2022
Featured Insight

Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding

Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.

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Sep 26, 2022
Featured Insight

No Discovery Before Leave in Secondary Market Securities Actions

The Court in Kwong v. iAnthus denied a plaintiff's request for documentary discovery before he obtained leave to bring a secondary market securities action.

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Apr 18, 2022
Featured Insight

Do We Have Insurance for That? – Why Directors Should Obtain Legal Advice When Buying Company and D&O Insurance

Directors should engage legal counsel to negotiate insurance agreements, particularly those operating in emerging sectors such as cannabis and cryptocurrency.

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Feb 15, 2022
Featured Insight

Supreme Court of Canada Confirms: CCAA Super-Priority Charges Rank Ahead of CRA’s Deemed Trusts

Canada v. Canada North Group Inc. provided much needed clarity regarding the order of priority for unremitted source deductions in restructuring proceedings.

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Sep 17, 2021
Featured Insight

Watch as that Trust is Swept Away

Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.

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Jul 30, 2021
Featured Insight

Ontario Court of Appeal Interprets the TSX’s Majority Voting Requirement, Considers the Oppression Remedy, and Clarifies Set-off Rights

A recent decision of the Ontario Court of Appeal interprets the Toronto Stock Exchange requirement that listed companies adopt a majority voting policy.

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Apr 16, 2021
Featured Insight

iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases

The iAnthus decision affirmed by the Court of Appeal holds that a British Columbia company can use the BCBCA to restructure and obtain 3rd party releases.

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Feb 23, 2021
Featured Insight

Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law

COVID-19 will strain the construction industry. This bulletin explores how insolvency and restructuring concepts interact with construction law.

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Mar 20, 2020
Featured Insight

Amendments to the CCAA, BIA and CBCA Now in Force

Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada

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Nov 19, 2019
Featured Insight

Alberta Court of Appeal Ranks CCAA Super-priority Charges Ahead of CRA’s Deemed Trust, but Uncertainty Remains

Alberta Court of Appeal held super-priority charges granted in a Companies' Creditor Arrangement Act proceeding may take priority over statutory deemed trusts claims advanced by the Crown

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Oct 22, 2019
Featured Insight

Court Counsels Engagement with Creditor before Ruling on Proofs of Claim

Court offers guidance on approach to an appeal from a notice of disallowance or determination of a claim by a trustee under section s. 135(4) of the BIA.

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Sep 16, 2019
Featured Insight

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

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

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May 10, 2019
Featured Insight

The Queen v. Callidus Capital Corporation Overturned; Lenders Breathe a Sigh of Relief, But For How Long?

The decision, released in July 2017, was overturned on November 8, 2018 by the Supreme Court of Canada, offering sought-after certainty for secured lenders.

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Nov 12, 2018
Featured Insight

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

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Nov 2, 2017
Featured Insight

Broken Break Fee: Investor’s Claim for a Break Fee Denied in CCAA Proceeding

Broken Break Fee: Investor's Claim for a Break Fee Denied in CCAA Proceeding

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Feb 8, 2017
Featured Insight

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

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

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Oct 26, 2016
Featured Insight

Perfection is Critical to Maintaining Priority Over Judgment Creditors

Perfection is Critical to Maintaining Priority Over Judgment Creditors

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Jun 17, 2016
Featured Insight

Re MtGox: Using the BIA to Recognize Foreign Insolvency Proceedings

Re MtGox: Using the BIA to Recognize Foreign Insolvency Proceedings

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Jan 29, 2015

Deals & Cases (6 Posts)

Featured Insight

Restructuring of iAnthus Capital Holdings Inc.

McMillan LLP advised iAnthus in connection with its successful restructuring transaction.

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Jan 26, 2021
Featured Insight

SALT Canada Inc. v. John Baker, 2020 FCA 127 (“Salt”)

This is a huge win in the Federal Court of Appeal (FCA) that significantly changes Canadian patent law by recognizing that the Federal court has jurisdiction to determine the issue of patent title based on analysis of contracts or other written instruments.

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Jul 28, 2020
Featured Insight

CCAA Proceedings of Pure Global Cannabis Inc.

McMillan LLP acted for MMCAP International Inc. SPC, the holder of 50% of $10 million of secured debentures issued by Pure Global Cannabis Inc.

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Mar 1, 2020
Featured Insight

The Catalyst Capital Group Inc.

McMillan acted as lead counsel to The Catalyst Capital Group Inc. in connection with its successful fight to increase the offer price in the acquisition of Hudson’s Bay Company.

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Feb 19, 2020
Featured Insight

Bellatrix Exploration Ltd. Completes Recapitalization Transaction

U.S. Bank National Association, in its capacity as indenture trustee to the senior unsecured noteholders, was represented in Canada by Michael J. Hanlon and Jeffrey Levine of McMillan LLP.

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Jun 4, 2019
Featured Insight

Big Lots Acquires Liquidation World

Big Lots Acquires Liquidation World

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Jul 18, 2011