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Maurice V. Fleming

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Maurice V. Fleming is an experienced Corporate, Banking, Finance, and Restructuring lawyer.

Corporate and Commercial: Mr. Fleming is a corporate solicitor acting for clients in the acquisition and divesture of assets in Canada and in cross-border matters, focusing primarily on distressed mergers and acquisitions, including governance advice and direction to directors and officers in situations of imminent or looming distress. Mr. Fleming is experienced in corporate finance transactions for solvent entities including cross-border securitization transactions, and refinancing options driven by balance sheet,  tax and other restructuring objectives;

Banking and Lending: An experienced banking and financial services lawyer with experience in all aspects of commercial banking and lending, including senior debt financing in syndicated or club credit agreements, mezzanine financing, asset-based lending, debtor in possession and other forms of leveraged debt and equity transactions in favour of secured creditors and lien-holders in multiple jurisdictions.  His experience includes acting for both lenders and borrowers who are large domestic and international corporations, banks, near banks and asset based lenders, domestic insurance companies, private equity funds, and offshore parent companies, and in domestic, cross-border and multi-jurisdictional financings of large and small commercial enterprises;

Insolvency and Restructuring: Experienced with both ‘in and out of court’ restructuring for distressed clients, with DIP lending as part of court supervised solicitation and investment proposals and auctions for balance sheet reorganizations, full or partial asset liquidations, in domestic and multi-jurisdictional matters. As an experienced and specialized commercial insolvency and restructuring litigator, Mr. Fleming appears for clients in matters heard in Canadian domestic courts from time to time, and has attended hearings internationally as is required in cross border matters from time to time;

Senior Lien Creditor Remedies: experience in acting for court appointed receivers and officers under various domestic statutes, in the pursuit of creditor realizations for senior lien Canadian in international lenders in cross-border receiverships and liquidations including under direction of foreign courts;

As a frequent speaker to industry and professional groups, Mr. Fleming has presented and published various papers and updates relating to banking and finance, commercial insolvency and restructuring law. He is familiar with relevant regulatory and industry standards and advises domestic and international clients with respect to such issues.

Education & Memberships

Memberships

Member, Law Society of Ontario
International Insolvency Institute

Director NextGen Leadership Program (2015-2018)

Member, Toronto Lawyers Association
Member, Canadian Bar Association and Ontario Bar Association
Member, American Bankruptcy Institute
Member, INSOL International
Member, Turnaround Management Association, Toronto Chapter

Awards and Recognition

Recognized in the 2022 Canadian Legal Lexpert® Directory

Asset Equipment Finance (ABL)

Professional & Community Involvement

Baseball Coach, Lawrence Park Athletics Association
Certified Hockey Coach, Hockey Canada
Past Executive Member and Director, Markham Board of Trade

Speaking Engagements & Publications

Speaker: "Insolvency Law and Practice Tips and Tricks"

Mondaq and the Canadian Corporate Counsel Association (2020);

Speaker: "PPSA Defaults: Practical Issues and Recommendations

Law Society of Ontario, 6th Annual Real Estate Summit

Speaker: "Canadian Insolvency Law update"

Fogler, Rubinoff LLP Seminar Series

Speaker: "Creditor Proofing Strategies"

Accounting Clients Seminar Series

Speaker and Papers, Osgoode Hall Professional Development Center: "Perfecting Your PPSA Skills" (2002-2015).
Speaker: "Attacking Creditor Proofing"

Presentation to the Tax Foundation

Paper: "Insolvency and Restructuring in Canada"

Author of the Canadian chapter of the International Legal Network Annual Publication (2021, 2022)

Paper: "PPSA and Pensions Law Update"

Miller Thomson Annual Review

Paper: "Corporate and Deal Adversity: Recognition & Solutions"
Paper: "Tackling troublesome franchisee insolvency issues for franchisors"