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Jeffrey  Carhart

Jeffrey Carhart

Partner
Toronto

416.595.8615
jcarhart@millerthomson.com

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Profile

Jeffrey Carhart is one of Miller Thomson's senior partners in the firm’s insolvency practice group. He has been recognized by Chambers Global Guide to the World’s Leading Lawyers as a leader in the field of insolvency and designated as a specialist in bankruptcy and insolvency law by the Law Society of Upper Canada.

Jeff’s clients include banks, trust and insurance companies, asset based lenders, business corporations, commercial landlords as well as receivers and trustees in bankruptcy. Jeff has extensive experience in many aspects of lending, securitizations, loan syndications, the enforcement of security over real and personal property, corporate reorganizations, receiverships and bankruptcies. Jeff has been heavily involved in many major Canadian and International corporate insolvency proceedings including Confederation Life, Dylex, Eaton’s, Royal Oak Mines, The Canadian Red Cross Society, Laidlaw, Teleglobe, AT & T Canada, Oxford Automotive, Air Canada, Calpine, Muscle Tech, One King West, Red Leaves JW Marriott Resort, the Asset Backed Commercial Paper restructuring ("the largest and by far the most complex restructuring in Canada's history"- American Lawyer Magazine), Nortel, The Source (Circuit City), Opti Canada and Conquest Vacations.

Jeff appears frequently in The Ontario Superior Court and Court of Appeal on insolvency-related matters. He has more than thirty reported decisions. His cases have been identified by well-known commentators such as Professor Richard McLaren as representing important benchmarks in the development of insolvency law in Canada.

Jeff also has extensive experience in dealing with business acquisitions and divestitures and securities law. He is a past director of one of his corporate clients, the Canadian subsidiary of a U.S. public company in the automotive industry. Jeff has recently acted as lead counsel to several major Canadian and U.S. clients with respect to the acquisition of hundreds of millions of dollars’ worth of assets from Canadian companies involved in court supervised insolvency proceedings.

Jeff is the author of the book The Business Owner's Guide to Bankruptcy & Insolvency Law in Canada, published by John Wiley & Sons Canada Limited. He also wrote the insolvency chapter of the book Business Laws of Canada, published by Thomson Reuters / West and he has published more than twenty articles concerning commercial insolvency issues. Several of his articles are cited in Canada’s leading text on bankruptcy and insolvency law (Houlden & Morawetz) and his article on the Asset Backed Commercial Paper case is studied in Stanford University’s Business School. Jeff has lectured at York University's Schulich School of Business and Suffolk University Law School in Boston and he has spoken extensively on the subject of corporate finance and insolvency as a member or chairman of the panel of more than forty professional conferences in Canada, the United States, Europe, China and Jamaica. He has been quoted extensively in the financial press and other financial media.

Jeff has served as an Instructor in the Ontario Bar Admission Course and as an Examiner on the Federal Licensing Panel for Trustees in Bankruptcy. He is also a member of The Insolvency Institute of Canada, Canada’s leading invitational organization of senior insolvency practitioners.

 

 

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Education

  • Canadian Securities Course, Canadian Securities Institute, 1987
  • LL.B., Western University, 1982
  • B.A., Queen's University, 1979

Professional Achievements

  • Chambers Global 2013 ranked lawyer, Restructuring/Insolvency
  • Law Society of Upper Canada Certified Specialist (Bankruptcy and Insolvency Law)
  • Identified as a leader in the field of Insolvency in Chambers Global Guide to the World's Leading Lawyers
  • Jeff Carhart and Jay Hoffman's article, "Canada's Asset Backed Commercial Paper Restructuring: 2007-2009" has been added to the Curriculum at Stanford University's Business School

Directorships

  • The Canadian Shaare Zedek Hospital Foundation

Memberships

  • Insolvency Institute of Canada
  • Canadian Bar Association
  • Ontario Bar Association

Faculty Experience

  • Suffolk Law School (Boston)
  • Schulich School of Business (York University)
  • National Licencing Panel Canadian Superintendent of Bankruptcy Office
  • Ontario Bar Admissions Course

Presentations

Chairman and / or speaker at professional seminars in Canada, the United States, Europe, China and Jamaica presented by:

The Canadian Institute
Insight
Canadian Bar Association
Federated Press
Maritime Life
American Bar Association
The Credit Institute of Canada
The Law Society of Upper Canada
The Canadian Insolvency Practitioners Association
Infonex
Canadian Association of Insolvency and Restructuring Professionals
The Center for International Legal Studies
Canadian Finance & Leasing Association
Ontario Bar Association
Canadian Association of Life Underwriters
Turnaround Management Association
Insolvency Institute of Canada
National Centre for Business Law
Osgoode Hall Law School
The Canada China Business Council
The Canadian Securities Institute
The Jamaican Bar Association

Published Works

  • Author: The Business Owner's Guide To Bankruptcy & Insolvency Law in Canada (John Wiley)
  • Author, Bankruptcy & Insolvency Chapter, Business Laws of Canada (Thomson Reuters/West)

Publications

  • The Role of Representative Counsel in Canadian Insolvency Proceedings (The National Insolvency Review, Vol. 30, No. 1)
  • Canada's Asset Backed Commercial Paper Restructuring: 2007-2009 (Banking & Finance Law Review) Co-authored with Jay Hoffman
  • Reflections on the Muscletech Case (Annual Review of Insolvency Law)
  • The Decision of the Supreme Court of Canada in TCT Logistics and the Future of Receiverships in Canada (Canadian Business Law Journal)
  • Appointing a Receiver and Seizing Equipment (The National Insolvency Review)
  • The Duties and Responsibilities of Corporate Directors in Canada – An Update
    (The Commercial Insolvency Reporter)
  • The Bulk Sales Act and the Decision of the Supreme Court of Canada in National Trust Co. v. H&R Block Canada Inc. (The National Insolvency Review)
  • Air Canada and the Treatment of Set-Off in Initial CCAA Orders (The National Insolvency Review)
  • Corporate Governance and Insolvency and Restructuring Professionals (The Comparative Law Year Book of International Business)
  • Case Comment: GMAC Commercial Credit Corp. Canada v. TCT Logistics Inc. (Canadian Bankruptcy Reports)
  • The Thirty Day Goods Remedy in Favour of Unpaid Suppliers (The Commercial Insolvency Reporter)
  • Should There Be Special Rules in Commercial Reorganizations for Equipment Lessors? (The Commercial Insolvency Reporter)
  • Environmental Issues in Corporate Insolvencies and Reorganizations (The University of New Brunswick Law Journal)
  • E-Commerce in Transition: Some Insolvency Issues (The Commercial Insolvency Reporter) Co-authored with Sean Collins
  • The Creditor-Proof Status of Life Insurance RRSP’s (The Pension and Benefits Monitor) Co-authored with Brent Duguid
  • Limiting Compromises of Director and Senior Officer Liability In CCAA Proceedings -NBD Bank, Canada v. Dofasco Inc. (National Insolvency Review)
  • Interim Receivers Under the Bankruptcy and Insolvency Act (Canadian Bankruptcy Reports) Co-authored with Allan Rutman and John Varley
  • Bulk Sales by Insolvent Vendors - Some Recent Jurisprudence from the Canadian Red Cross Society CCAA Proceeding (The Commercial Insolvency Reporter)
  • The Creditor Proof Status of Life Insurance Products in Ontario (The National Insolvency Review)
  • Priorities in Receiverships, Bankruptcies and Commercial Reorganizations (National Creditor/Debtor Review)
  • Cummer Yonge Revisited: The Effect of the Bankruptcy of a Commercial Tenant on Guarantees, Indemnity Agreements and Letters of Credit Pertaining to the Lease Obligations (Canadian Bankruptcy Reports)
  • The True Status of "Trust Funds" in Bankruptcies in the Travel Industry: The Decision in Conquest Vacations Inc. (2010) Co-authored with Ira Smith (The National Insolvency Review)

Year of Call

  • Ontario Bar, 1984