Michael E. Burke
Partner | Toronto
Toronto: 416-863-3866

Michael's practice focuses on transactional matters in the securitization and asset-based lending/leasing areas and on the development and modernization of wholesale and retail (consumer) lending/leasing programs for vehicle and equipment lessors, financiers and suppliers.

In the securitization area, Michael advises sellers, purchasers, liquidity lenders, credit enhancers (including foreign insurance companies), trustees and rating agencies in connection with domestic and cross-border securitization transactions. He also acts for a number of Canadian finance and insurance companies in purchasing or selling lease portfolios and in establishing domestic and cross-border private securitization programs and bulk purchase programs.

In the asset-based lending/leasing areas, Michael works with borrowers/lessees and lenders/lessors in a variety of domestic and cross-border loan (e.g., ABL, term, equipment financing, acquisition financing, and warehouse credit facilities, project finance, and private placement of bonds and notes) and lease transactions.

AWARDS & RECOGNITION

Over the years, Michael has been recognized by his peers and clients as one of the top securitization, equipment leasing and finance lawyers in Canada. In 2016, he was elected a Fellow of the American College of Commercial Finance Lawyers. For 2015, he was named by Best Lawyers as its 2015 Equipment Finance Law "Lawyer of the Year" in Toronto.

Most recently, Michael has been named in the following publications:

  • The Best Lawyers in Canada 2018 (Equipment Finance Law, and Structured Finance Law)
  • The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Asset Securitization - Most Frequently Recommended)
  • Chambers Canada: Canada's Leading Lawyers for Business 2016 (Banking & Finance: Securitisation - Band 1)
  • Chambers Global: The World's Leading Lawyers for Business 2016 (Banking & Finance: Securitisation - Band 1)
  • The Canadian Legal Lexpert Directory 2016 (Asset Equipment Financing/Leasing, Asset Securitization, Banking & Financial Institutions)
  • Legal Media Group's Guide to the World's Leading Banking, Financial and Transactional Lawyers 2016 (Structured Finance and Securitisation)
  • 2015 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada

  • The Legal 500 Canada 2015 (Capital Markets)

For his extensive work in developing the Leasing Law and Leasing Documentation resource materials for CFLA's Certified Education program, Michael was selected as one of CFLA's "Members of the Year" in 2010.

PUBLICATIONS
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Author: Ontario Personal Property Security Act Reform: Significant Policy Changes
Canadian Business Law Journal, 48 C.B.L.J. 289, pp. 289-311, December 2009, portions from such article have been quoted in Re 843504 Alberta Ltd., 2011 ABQB 448, and Royal Bank of Canada v. Cow Harbor Construction Ltd. and 1134252 Alberta Ltd., 2012 ABQB 59 and recommended as "Further Readings" in Cuming, Walsh and Wood, Personal Property Security Law, 2nd ed. (2012) at p. 178.
Author: Fixture Financing under the PPSA: The Ongoing Conflict between Realty and Fixture-Secured Interests
24 Osg. Hall L.J. 547, such article is recommended by two leading Canadian personal property security law textbooks in Cuming, Walsh and Wood, Personal Property Security Law, 2nd ed. (2012) at p. 612 and Ziegel and Denomme, The Ontario Personal Property Security Act: Commentary and Analysis, 2nd ed. at p. 291.
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PROFESSIONAL APPEARANCES
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Co-speaker: What's New in Law for Lessors and Finance Companies?
CFLA's 2015 Annual Conference at Hilton Lac Leamy, Gatineau, Quebec, September 18, 2015.
Speaker: Advanced Lease Negotiations Roundtable Discussions
ELFA's 2015 Annual Legal Forum held at Sheraton Nashville Downtown, Nashville, Tennessee, May 4, 2015.
Moderator: Equipment Leasing Sector Update
ABS Vegas 2015 Conference at The Aria, Las Vegas, Nevada, February 10, 2015.
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