Max Mendelsohn

Montréal

514.987.5042

[email protected]

Expertise Asset Finance & Secured Lending Business Law Corporate Commercial Litigation Restructuring & Insolvency

Language(s) Spoken

English
French

Max Mendelsohn practices business law, providing advice and guidance to commercial enterprises, financial institutions and insolvency practitioners. Working with clients in a range of industries including the retail, construction and manufacturing sectors, he has earned the reputation of a deal-maker.

In addition to his transactional practice, Max acts as a formal and informal mediator, and as an arbitrator in commercial disputes.

Max is a frequent speaker and panel participant on bankruptcy and insolvency law reform, transborder insolvencies, and legislation relating to banking, insolvency and receivership. He is a fellow and former director of the Insolvency Institute of Canada.

Expertise

Practices

Representative Matters

Served as mediator relating to class action proceedings in Québec and Ontario courts involving financial institutions, resulting in court-approved settlements
Counsel to the sellers in connection with Novacap’s acquisition of a majority stake in Joseph Ribkoff Inc.
Numerous private or Court appointments to serve as sole arbitrator, or as a member of a panel of three arbitrators, in private disputes involving commercial, real estate, railway and aviation matters
Air Canada
Ravelston Corporation (parent company of Hollinger) (Receivership and CCAA proceedings)
Tembec
Quebecor World
Yellow Media
Homburg Invest
Retained by Industry Canada to serve as private sector adviser with respect to insolvency legislation reform – 2005
Addressed the Standing Committee on banking, trade and commerce of the Senate of Canada, as part of a panel of experts with respect to proposed amendments to the Bankruptcy and Insolvency Act and the Company Creditors Arrangement Act – 2003
Outside member of a task force on governance of the Canadian Insolvency Practitioners Association (CIPA) – 1996
Court appointed co-liquidator in a liquidation ordered as a result of a dispute among shareholders of a solvent corporation
Private sector advisor to Industry Canada with respect to the parliamentary process related to bankruptcy and insolvency reform
Represented Industry Canada before the House of Commons Standing Committee on Industry and before the Senate Committee on Banking, Trade and Commerce (1996-1997)

Speaking Engagements

Canadian US and Mexican cross-border insolvencies, security registration procedures and search logic, Spring meeting of the American Bar Association Section of Business Law in Vancouver, Panellist

April 2009

40 Years Later: Some observations on Professional Practice" – Annual Advanced Insolvency Law and Practice Conference of the Canadian Institute, Speaker

January 2008

GST/QST – When a Simple Reading of the Law is not Enough, Canadian Insolvency & Restructuring Professionals Association's Forum on Insolvency and Restructuring, Speaker

May 2007

Handling Cross-Border Insolvency Cases, Joint ABA/CBA 2007 Young Lawyers Division Spring Conference, Panellist

May 2007

Justice James M. Farley's Legacy in Québec (A Québec Practitioner's Perspective), University of British Columbia's National Centre for Business Law Annual Review of Insolvency Law Conference, Speaker

March 2007

CCAA and BIA restructuring conducted by the Office of the Superintendent of Bankruptcy (Canada) in the course of its National Executive Training Conference, Expert's panel

February 2005

International Bankruptcies and Restructuring, The Canadian Institute for the Administration of Justice's Governance of Public Institutions, Professions, Corporations, Tribunals and Courts: Ethics, Responsibility and Independence Annual Conference, Panellist

October 2004

Examiners and Insolvency Administrators: Developing Issues and Responsibilities, The International Insolvency Institute's Annual Insolvency Conference, Panellist

June 2004

The Ins and Outs of Court Appointed Officers, The Canadian Institute's Annual Advanced Insolvency Law and Practice Conference, Speaker

January 2004

The Judicial Perspective with Respect to Inter-Jurisdictional Aspects of Bankruptcy and Insolvency, The Canadian Institute's Advanced Conference on Bankruptcy and Insolvency Law, Moderator of Panel of Judges

September 2003

The World's Most Important Current International Bankruptcy Cases, International Insolvency Institute's Annual International Insolvency Conference, Panellist

June 2003

Plan Implementation and Claims Process, The American Bankruptcy Institute's Symposium on American/Canadian Insolvency Law, Speaker

February 2003

Insolvency Reform, The Canadian Institute's Annual Advanced Insolvency Law and Practice Conference, Panellist

January 2003

New European Union Insolvency System, The International Insolvency Institute's Annual International Insolvency Conference, Panellist

June 2002

Insolvency Law Reform, Joint program organized by the Canadian Bar Association (Ontario), the Law Society of Upper Canada, the Ontario Insolvency Practitioners Association and the Canadian Insolvency Institute, Speaker

June 1997

Invited to address Judges of the Quebec Superior Court, District of Montreal, on insolvency matters

May 1997

Trans-Border Insolvencies, The American Bankruptcy Institute's Spring Conference Symposium on Canadian/American Insolvency Law, an adjunct to the Spring Conference of the American Bankruptcy Institute, Panellist

May 1997

Competing Rights of Foreign and Domestic Creditors, INSOL International Regional Conference of the Americas, Panellist

1995

Financing and Financial Planning under the New Civil Code of Quebec, Seminar sponsored by the McGill University Faculty of Law, The Canadian Bankers Association (Quebec Division) and l'Ordre des comptables agréés du Québec, Speaker

October 1993

Made presentation to visiting Judges from Thailand on Canadian Bankruptcy Law and Practice at the request of the Governments of Canada and Québec

August 1993

Seminar on Debtor/Creditor Relations sponsored by the McGill University Faculty of Law, Barreau du Québec, Chambre des notaires du Québec, Chambre de commerce du Québec and Board of Trade of Metropolitan Montreal on The Conflict of Law Rules on Moveable Securities

May 1993

Addressed an Insolvency Subcommittee of the American Bar Association on Canadian Bankruptcy Law

March 1993

Invited to address Judges of the Quebec Superior Court, District of Montreal, on Amendments to the Bankruptcy and Insolvency Act

November 1992

Cross-Border Insolvency, INSOL International's the North American Regional Conference, Panellist

February 1991

Participated as resource person in the Professional Development Program for Official Receivers, Bankruptcy Department, Department of Consumer & Corporate Affairs Canada

June 1987

Pan Canadian Seminar of the Canadian Insolvency Association on proposed new Bankruptcy Act

1984

Annual Canadian Law Conference of the International Council of Shopping Centres, Panellist

1983-1991

Lecturer at McGill University Law School in the law of bankruptcy and insolvency (1973-1979)
Lecturer: “Security on Moveables and Private International Law (Personal Property Security and Conflicts of law” – McGill University Meredith Memorial Lectures (1994)
Lectured on amendments to the Bankruptcy and Insolvency Act at a Conference of the National Judicial Institute (June 1993)
Lectured at the Cours de perfectionnement de la Chambre des notaires du Québec on the amendments to the Bankruptcy and Insolvency Act (April 1993)
Lectured on Amendments to the Bankruptcy and Insolvency Act as part of La Formation Permanente du Barreau du Québec (December 1992)
Lectured – Meredith Memorial Lectures – McGill University on the topic Bankruptcy – Present Problems and Future Perspectives (1985)

News

Rankings & Recognition

Recognized in the 2024 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Insolvency & Financial Restructuring
Recognized by Chambers Global (2024) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Chambers Canada (2024) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Banking and Finance Law and
Listed in Who’s Who Legal: Canada 2023 as a leader in Restructuring & Insolvency
Insolvency and Financial Restructuring Law
Recognized by Chambers Global (2023) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Chambers Canada (2023) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the areas of Banking and Finance Law and Insolvency and Financial Restructuring Law
Recognized in the 2022 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Insolvency & Financial Restructuring: Financial Restructuring
Recognized by Chambers Global (2022) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Chambers Canada (2022) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the areas of Banking and Finance Law and Insolvency and Financial Restructuring Law
Recognized in the 2021 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Insolvency & Financial Restructuring: Financial Restructuring
Recognized by Chambers Global (2021) as a leading lawyer in the area of Restructuring / Insolvency
Named the Best Lawyers in Canada (2021) Insolvency and Financial Restructuring “Lawyer of the Year” in Montreal
Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the areas of Banking & Finance Law and Insolvency & Financial Restructuring Law
Recognized by Chambers Canada (2021) as a leading lawyer in the area of Restructuring / Insolvency
Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Insolvency & Financial Restructuring: Financial Restructuring
Recognized by Chambers Global (2020) as a leading lawyer in the area of Restructuring / Insolvency
Recognized by Chambers Canada (2020) as a leading lawyer in the area of Restructuring / Insolvency Law
Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the areas of Banking & Finance Law and Insolvency & Financial Restructuring Law
Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Insolvency & Financial Restructuring – Financial Restructuring
Recognized by Chambers Global 2019 as a Senior Statesmen in the area of Restructuring / Insolvency
Recognized by Chambers Canada 2019 as a leader in Restructuring/Insolvency
Recognized by Best Lawyers in Canada 2019 as a leading lawyer in the areas of Banking & Finance Law and Insolvency & Financial Restructuring Law
Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas of Banking & Financial Institutions and Insolvency & Financial Restructuring – Financial Restructuring
Chambers 2018 recognized as a leading lawyer in Restructuring/Insolvency (Senior Statesmen)
Chambers Canada 2018 recognized as a leading lawyer in Restructuring/Insolvency (Senior Statesmen)
Zenith Award October 2012 (honouring lawyers who have been change agents for forty or more years, for their clients, firms, companies, departments, faculties, profession, colleagues and/or communities)
Lifetime Achievement Award from The Turnaround Management Association in 2011 (Montreal Chapter) recognizing “A Lifetime of Excellence in Restructuring and Bankruptcy Services”
Awarded the designation “Avocatus Emeritus” (Ad.E) by Barreau du Québec 2010
Recognized by the Canadian Bar Association Bankruptcy and Insolvency Section for leadership and service to the Canadian insolvency and restructuring community as a leading and “gentleman” lawyer in the field (September 2006)
Recognized in National and International Directories including:
Best Lawyers in Canada 2018 – Banking and Finance Law and Insolvency and Financial Restructuring Law
Canadian Legal Lexpert Directory – Repeatedly recommended: Banking & Financial Institutions and Insolvency & Financial Restructuring – Financial Restructuring
Who’s Who Legal: Canada 2017 – Insolvency/Restructuring
Chambers Global 2017 – Restructuring/Insolvency
Best Lawyers in Canada 2017 – Banking and Finance Law and Insolvency and Financial Restructuring Law
Chambers Canada 2017 – Restructuring/Insolvency
Who’s Who Legal: Canada 2016 – Insolvency/Restructuring
Chambers Global 2016 – Restructuring/Insolvency
Best Lawyers in Canada 2016 – “Lawyer of the Year” Montréal – Insolvency and Financial Restructuring Law
Best Lawyers in Canada 2016 – as a leader in Banking and Finance Law and Insolvency and Financial Restructuring Law
Lexpert Report on Business Magazine 2016 – Leading Corporate Lawyer
The Legal 500 Canada 2015 as a “Leading Lawyer” – Restructuring and Insolvency
Chambers Global Directory of the World’s Leading Lawyers 2015 – as a leader in the area of Restructuring/Insolvency
Canadian Legal Lexpert Directory 2016 – leading practitioner in the area of banking and financial institutions and insolvency and financial restructuring
Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada 2016 – as a leader in Insolvency and Financial Restructuring
Who’s Who Legal 2014 – as a leader in Insolvency & Restructuring
Best of the Best Expert Guide 2012
Lexpert/American Lawyer’s Media Guide to the Leading 500 lawyers in Canada 2008
International Who’s Who of Insolvency and Restructuring Lawyer – World’s Leading Practitioners

Community Involvement

Longstanding member of Le comité des sûretés du barreau du Québec, dealing with personal property security
Longstanding Governor, and member for several years of the Governor Recruitment Committee, of La Fondation du Barreau du Québec
Member of the Board of Trustees and former member of the Board of Directors and Vice-President of YM-YWHA of Montreal
Former Chairman of the Board of the YM-YWHA Children’s Summer Camp
Former member of the Board of Directors, and former Co-Chair of Fundraising event, for The Arthritis Society
Member of Cercle du chancelier – Université de Montréal
Participant in numerous charitable and healthcare-related fundraising projects

Directorships & Affiliations

Fellow of the Insolvency Institute of Canada (and former director)
Turnaround Management Association (Canada)
International Insolvency Institute
Former member of the Board of Directors of Recochem Group Inc. (Director), a private world-wide producer and distributor of consumer and industrial chemical products
Former member of the Board of Directors of Le Chateau Inc., a public Canadian apparel retailer
Former member of the Board of Directors of La Senza Corporation, then a public Canadian retainer, and world-wide licensor, of lingerie and sleepwear products

1966

Called to the Québec bar

1965

LLLUniversité de Montréal

1962

BAMcGill University

Publications

“It’s all about prejudice: Preference Recoveries and their beneficiaries,” Journal of the Insolvency Institute of Canada, vol. 1, 2012 Max Mendelsohn and Andrei Pascu (September 2012)
“Construction Law in Canada,” Contributing Author, Book, published by LexisNexis (May 2010)
“COMMENTARY: Can debtors foil rights of valid claims purchasers? Focus on Bankruptcy and Insolvency,” The Lawyers Weekly – Vol. 27, No. 16 (August 2007)
“Quebec Superior Court Declares Hypothec On Quebec Tax Refunds,” Banking and Insolvency Bulletin (October 2006)
“An Overview of Canadian Insolvency Law and Cross-Border Considerations,” Article: BNA International’s Corporate Restructuring (June 2006)
“Canada Q&A – Restructuring & Insolvency,” PLC Cross-border Restructuring and Insolvency Handbook, 2006-07 (June 2006)
“An Overview of Canadian Insolvency Law and Cross-Border Considerations,” 2006 Lexpert Cross-Border Corporate Restructuring Guide (April 2006)
“The Canadian Insolvency System: A Brief Overview,” Credit & Collections (January 2006)
“CCAA and BIA restructuring,” Participated on an experts’ panel conducted by the Office of the Superintendent of Bankruptcy (Canada) in the course of its National Executive Training Conference (February 2005)
“International Bankruptcies and Restructuring,” Participated on a panel on at the Canadian Institute for the Administration of Justice’s Governance of Public Institutions, Professions, Corporations, Tribunals and Courts: Ethics, Responsibility and Independence Annual Conference (October 2004)
“Examiners and Insolvency Administrators: Developing Issues and Responsibilities,” Participated on a panel at the Annual International Insolvency Conference of the International Insolvency Institute (June 2004)
“Ins and Outs of Court Appointed Officers,” Speaker at the Annual Advanced Insolvency Law and Practice Conference of the Canadian Institute (January 2004)
“The Judicial Perspective with Respect to Inter-Jurisdictional Aspects of Bankruptcy and Insolvency,” Moderator of Panel of Judges at the Canadian Institute’s Advanced Conference on Bankruptcy and Insolvency Law (September 2003)
“The World’s Most Important Current International Bankruptcy Cases,” Participated in a panel discussion at the Annual International Insolvency Conference of the International Insolvency Institute (June 2003)
“Plan Implementation and Claims Processes,” Speaker at the Symposium on American/Canadian Insolvency Law of the American Bankruptcy Institute (February 2003)

Deals & Cases (2 Posts)

Novacap acquires a majority stake in Joseph Ribkoff Inc.

McMillan LLP acted as counsel to the Sellers with a team led by Max Mendelsohn and comprised of Alexandre Koch (Corporate and M&A), Béatrice Méthé (Corporate and M&A), Enda Wong (Corporate and M&A), Penny Genovezos (Corporate), Casey Halladay (Competition), Michel Ranger (Tax), Pierre-Christian Hoffman (Real Estate), Shari Munk-Manel (Employment) and A. Max Jarvie (Financing).

Feb 2, 2018

Yellow Media Completed $2.4 Billion Recapitalization

On December 20, 2012, Yellow Media Inc. ("Yellow Media") completed a $2.4 billion recapitalization transaction

Dec 20, 2012