Maurice V. Fleming is an experienced corporate and commercial lawyer. His transactional expertise includes securitizations, commercial banking and lending within syndications, club deals, mezzanine financing, asset-based lending, and other forms of leveraged debt and equity transactions for stakeholders such as secured creditors and lienholders. This transactional experience includes domestic and cross-border/multi-jurisdictional financings of large and small commercial enterprises with leveraged debt, foreign exchange and swap facilities, ‘loan-to-own strategies’, and securitizations. His clients include domestic and foreign banks, and other lenders such as asset-based lenders, private equity lenders, hedge fund investors, and domestic and off-shore parent corporations of Canadian subsidiaries.
Maurice is also experienced in all aspects of restructuring and insolvency law. He has acted for clients in their mergers and acquisition activities, including their acquisition or divesture of distressed businesses or their assets under court supervision, as well as out-of-court restructuring for domestic and international commercial entities. He has acted for buyers, sellers, and court appointed officers in Canada and the United States in both domestic and multi-jurisdictional cross-border matters
As a frequent speaker to industry and professional groups, he has published numerous papers and updates relating to corporate, commercial, and restructuring and insolvency law in Canada.
DECEMBER 12 2019
Amendments to Canadian Insolvency Statutes: BIA and CCAA
The Bankruptcy and Insolvency Act (Canada) ("BIA") and the Companies' Creditors Arrangement Act (Canada) ("CCAA") comprise the statutory framework for individual and corporate insolvencies, restructuring, and bankruptcies in Canada. On November 1, 2019, the BIA and CCAA (the "Acts") were both amended to achieve better accountability and transparency in insolvency proceedings...
FEBRUARY 05 2019
The Tides have Turned with Redwater: Provincial Environmental Obligations have Priority Over Secured Creditors in a Bankruptcy
In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al., (Redwater), the Supreme Court of Canada (SCC) held that a bankrupt estate is required to comply with environmental obligations imposed by a provincial regulator before distributing assets to secured or unsecured creditors...
Selected Speaking Engagements
- Speaker: Law Society of Upper Canada, 6th Annual Real Estate Summit, “PPSA Defaults: Practical Issues and Recommendations”, (2009).
- Speaker: Accounting Clients Seminar Series, “Creditor Proofing Strategies”, (2009).
- Speaker: Client Seminar, “Limitation Periods”, (2009).
- Regular speaker: Osgoode Hall Professional Development Center, “Perfecting Your PPSA Skills”, (2002-present).
- Perfect Your PPSA Skills: Significant PPSA Cases, Osgoode Law School, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013
- Attacking Creditor Proofing Schemes, Presentation to the Tax Foundation, Presentation, 2009
- PPSA and Pensions Law Update, Miller Thomson Annual Review, 2006
- Corporate and Deal Adversity: Recognition & Solutions, 2004
- Pensions PPSA Update, 2004
- Tackling troublesome franchisee insolvency issues for franchisors, 2003
- Member, Law Society of Upper Canada
- International Insolvency Institute: NextGen Leadership Program
- Member, Toronto Lawyers Association
- Member, Canadian Bar Association, Ontario Bar Association
- Member, The American Bar Association, American Bankruptcy Institute
- Member, INSOL International
- Member, Turnaround Management Association, Toronto Chapter
- Markham Board of Trade (1993-1999)
- Baseball Coach, Lawrence Park Athletics Association
- Certified Hockey Coach, Hockey Canada
- Past Executive Member and Director, Markham Board of Trade
Called to the Bar - 1984
Western University, LL.B.