Jay A. Swartz

Senior Counsel

Jay A. Swartz

Jay A. Swartz

Senior Counsel

Clients rely on Jay’s experience and legal and business judgment to provide strategic and tactical advice that creatively addresses their business issues. Jay is a “standout practitioner” who is regarded as “one of the top insolvency practitioners in the country.”
Client – Chambers Global 2016

Jay has a diverse commercial practice, with particular emphasis on corporate restructuring, private company acquisitions, banking and debt financing, financial product development, structured finance and private equity funds. He regularly provides guidance on corporate governance matters.

Known for getting the deal done in an efficient, timely and effective manner, Jay is valued by clients for his unparalleled judgment. He is creative in finding practical and novel solutions to business and legal problems.

Jay received the 2014 Osgoode Hall Law School Alumni Gold Key award for his outstanding professional achievements.

Jay A. Swartz

Senior Counsel

Clients rely on Jay’s experience and legal and business judgment to provide strategic and tactical advice that creatively addresses their business issues. Jay is a “standout practitioner” who is regarded as “one of the top insolvency practitioners in the country.”
Client – Chambers Global 2016

Jay has a diverse commercial practice, with particular emphasis on corporate restructuring, private company acquisitions, banking and debt financing, financial product development, structured finance and private equity funds. He regularly provides guidance on corporate governance matters.

Known for getting the deal done in an efficient, timely and effective manner, Jay is valued by clients for his unparalleled judgment. He is creative in finding practical and novel solutions to business and legal problems.

Jay received the 2014 Osgoode Hall Law School Alumni Gold Key award for his outstanding professional achievements.

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FTI Consulting Canada Inc.

Acting for FTI Consulting Canada Inc. in its capacity as court-appointed monitor of Imperial Tobacco Canada Limited and its affiliated corporation, Imperial Tobacco Company Limited, in proceedings under the Companies' Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code.

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Alvarez & Marsal

Acted for Alvarez & Marsal in its role as Monitor of Ben Moss Jewellers Western Canada, Ltd. in connection with proceedings under the Companies' Creditors Arrangement Act.

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Target Corporation

Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.

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Danier Leather Inc.

Acted for Danier Leather Inc. in its proposal, receivership and bankruptcy proceedings all under the Bankruptcy and Insolvency Act, which saw all of Danier's creditors being paid in full, leaving a considerable surplus for shareholders.

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United Steelworkers Union

Acted as co-counsel on behalf of the United Steelworkers Union in connection with the restructuring of Stelco Inc. under the Companies' Creditors Arrangement Act and the establishment of Legacy Lands L.P.

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Hale Capital Partners

Acted for Hale Capital Partners in connection with a debtor in possession loan to RB Energy Inc. in a Companies' Creditors Arrangement Act proceeding.

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Ascribe Capital

Acting for Ascribe Capital in connection with Sanjel Corporation's Companies' Creditors Agreement Act proceedings.

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Goldman Sachs

Acting for Goldman Sachs in connection with Tervita Corporation's, a leading environmental solutions provider, Chapter 15 proceedings and the plan of arrangement under the Canada Business Corporations Act.

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Quality Engineered Homes

Acted for Quality Engineered Homes in connection with a secured loan from Liquid Capital.

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KSV Restructuring Inc.

Acting for KSV Restructuring Inc. in its roles as Monitor of the Urbancorp Group of Companies in connection with proceedings under the Companies' Creditors Arrangement Act and as Information Officer for Urbancorp Inc.

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Fellow of the Insolvency Institute of Canada

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Fellow of the American College of Commercial Finance Lawyers

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Ontario Bar Association—Murray Klein Award for Excellence in Insolvency Law (2017)

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Osgoode Hall Law School—Alumni Gold Key Award (2014)

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The Best Lawyers in Canada Lawyer of the Year (2017)—Insolvency and Financial Restructuring Law

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Chambers Global: The World’s Leading Lawyers for Business—Restructuring/Insolvency (Senior Statesperson)

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Chambers Canada: Canada’s Leading Lawyers for Business—Restructuring/Insolvency (Senior Statesperson)

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IFLR1000: The Guide to the World’s Leading Financial Law Firms—Restructuring and Insolvency

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The Best Lawyers in Canada Lawyer of the Year (2015)—Banking and Finance Law

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Lexpert/Thomson’s Guide to Canada’s 100 Most Creative Lawyers

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Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Banking and Financial Institutions; Corporate Finance and Securities; Insolvency and Financial Restructuring; Mergers and Acquisitions

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The Canadian Legal Lexpert Directory—Asset Equipment Finance/Leasing; Banking and Financial Institutions; Corporate Commercial Law; Corporate Finance and Securities; Corporate Mid-Market; Infrastructure Law; Insolvency and Financial Restructuring: Financial Restructuring; Mergers and Acquisitions; Private Equity; Project Finance

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The Best Lawyers in Canada—Banking and Finance Law; Corporate Law; Derivatives Law; Equipment Finance Law; Insolvency and Financial Restructuring Law; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law; Project Finance Law; Securities Law

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Lawdragon 500 Leading Global Restructuring & Insolvency Lawyers

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Who’s Who Legal: Canada—Banking; Capital Markets; Restructuring and Insolvency; Who’s Who Legal: Banking—Finance; Who’s Who Legal: Restructuring and Insolvency

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Expert Guides—Banking; Restructuring and Insolvency; Structured Finance and Securitisation

Bar Admissions
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Ontario, 1975

Education
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Osgoode Hall Law School, LLB, 1973
York University, BA (Economics) (with Distinction), 1970

Professional Affiliations
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American College of Commercial Finance Lawyers, Fellow
Canadian Bar Association
Insolvency Institute of Canada, Fellow
International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)
Turnaround Management Association

Board Memberships
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Industrial and Commercial Bank of China (Canada)
Pizza Pizza Royalty Corp., chair
Graywood GTA Condominium Fund
Acasta Enterprises Inc., former director
Anthes Industries Inc., former director
Insolvency Institute of Canada, former president and former director
Institute of Corporate Directors, former director
Mount Sinai Hospital, former director
Oshawa Public Utilities Corporation and OPUC Networks Inc., former director
Pine River Institute, former vice-chair and former director
Sleep Country Canada Income Fund, former director

Teaching Engagements
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Jay has been an instructor in the Advanced Business Law Workshop for a selected group of third-year law students at Osgoode Hall Law School. He has been a guest lecturer at Osgoode Hall Law School, Western Law and the Schulich School of Business at York University.

Clients rely on Jay’s experience and legal and business judgment to provide strategic and tactical advice that creatively addresses their business issues. Jay is a “standout practitioner” who is regarded as “one of the top insolvency practitioners in the country.”
Client – Chambers Global 2016

Jay has a diverse commercial practice, with particular emphasis on corporate restructuring, private company acquisitions, banking and debt financing, financial product development, structured finance and private equity funds. He regularly provides guidance on corporate governance matters.

Known for getting the deal done in an efficient, timely and effective manner, Jay is valued by clients for his unparalleled judgment. He is creative in finding practical and novel solutions to business and legal problems.

Jay received the 2014 Osgoode Hall Law School Alumni Gold Key award for his outstanding professional achievements.

FTI Consulting Canada Inc.

Acting for FTI Consulting Canada Inc. in its capacity as court-appointed monitor of Imperial Tobacco Canada Limited and its affiliated corporation, Imperial Tobacco Company Limited, in proceedings under the Companies' Creditors Arrangement Act and Chapter 15 of the U.S. Bankruptcy Code.

Alvarez & Marsal

Acted for Alvarez & Marsal in its role as Monitor of Ben Moss Jewellers Western Canada, Ltd. in connection with proceedings under the Companies' Creditors Arrangement Act.

Target Corporation

Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.

Danier Leather Inc.

Acted for Danier Leather Inc. in its proposal, receivership and bankruptcy proceedings all under the Bankruptcy and Insolvency Act, which saw all of Danier's creditors being paid in full, leaving a considerable surplus for shareholders.

United Steelworkers Union

Acted as co-counsel on behalf of the United Steelworkers Union in connection with the restructuring of Stelco Inc. under the Companies' Creditors Arrangement Act and the establishment of Legacy Lands L.P.

Hale Capital Partners

Acted for Hale Capital Partners in connection with a debtor in possession loan to RB Energy Inc. in a Companies' Creditors Arrangement Act proceeding.

Ascribe Capital

Acting for Ascribe Capital in connection with Sanjel Corporation's Companies' Creditors Agreement Act proceedings.

Goldman Sachs

Acting for Goldman Sachs in connection with Tervita Corporation's, a leading environmental solutions provider, Chapter 15 proceedings and the plan of arrangement under the Canada Business Corporations Act.

Quality Engineered Homes

Acted for Quality Engineered Homes in connection with a secured loan from Liquid Capital.

KSV Restructuring Inc.

Acting for KSV Restructuring Inc. in its roles as Monitor of the Urbancorp Group of Companies in connection with proceedings under the Companies' Creditors Arrangement Act and as Information Officer for Urbancorp Inc.

Fellow of the Insolvency Institute of Canada

Fellow of the American College of Commercial Finance Lawyers

Ontario Bar Association—Murray Klein Award for Excellence in Insolvency Law (2017)

Osgoode Hall Law School—Alumni Gold Key Award (2014)

The Best Lawyers in Canada Lawyer of the Year (2017)—Insolvency and Financial Restructuring Law

Chambers Global: The World’s Leading Lawyers for Business—Restructuring/Insolvency (Senior Statesperson)

Chambers Canada: Canada’s Leading Lawyers for Business—Restructuring/Insolvency (Senior Statesperson)

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Restructuring and Insolvency

The Best Lawyers in Canada Lawyer of the Year (2015)—Banking and Finance Law

Lexpert/Thomson’s Guide to Canada’s 100 Most Creative Lawyers

Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Banking and Financial Institutions; Corporate Finance and Securities; Insolvency and Financial Restructuring; Mergers and Acquisitions

The Canadian Legal Lexpert Directory—Asset Equipment Finance/Leasing; Banking and Financial Institutions; Corporate Commercial Law; Corporate Finance and Securities; Corporate Mid-Market; Infrastructure Law; Insolvency and Financial Restructuring: Financial Restructuring; Mergers and Acquisitions; Private Equity; Project Finance

The Best Lawyers in Canada—Banking and Finance Law; Corporate Law; Derivatives Law; Equipment Finance Law; Insolvency and Financial Restructuring Law; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law; Project Finance Law; Securities Law

Lawdragon 500 Leading Global Restructuring & Insolvency Lawyers

Who’s Who Legal: Canada—Banking; Capital Markets; Restructuring and Insolvency; Who’s Who Legal: Banking—Finance; Who’s Who Legal: Restructuring and Insolvency

Expert Guides—Banking; Restructuring and Insolvency; Structured Finance and Securitisation

Bar Admissions

Ontario, 1975

Education

Osgoode Hall Law School, LLB, 1973
York University, BA (Economics) (with Distinction), 1970

Professional Affiliations

American College of Commercial Finance Lawyers, Fellow
Canadian Bar Association
Insolvency Institute of Canada, Fellow
International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)
Turnaround Management Association

Board Memberships

Industrial and Commercial Bank of China (Canada)
Pizza Pizza Royalty Corp., chair
Graywood GTA Condominium Fund
Acasta Enterprises Inc., former director
Anthes Industries Inc., former director
Insolvency Institute of Canada, former president and former director
Institute of Corporate Directors, former director
Mount Sinai Hospital, former director
Oshawa Public Utilities Corporation and OPUC Networks Inc., former director
Pine River Institute, former vice-chair and former director
Sleep Country Canada Income Fund, former director

Teaching Engagements

Jay has been an instructor in the Advanced Business Law Workshop for a selected group of third-year law students at Osgoode Hall Law School. He has been a guest lecturer at Osgoode Hall Law School, Western Law and the Schulich School of Business at York University.