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Michael E. Burke

Partner, Toronto Office

Telephone  416-863-3866
Facsimile  416-863-2653
email
 

Profile

Michael Burke practises in the Financial Services Group. Michael takes a very practical approach in his practice, working closely with his clients on transactional matters (primarily in the securitization and asset-based lending/leasing areas) and in developing and establishing wholesale and retail lending/leasing programs.

Michael has been identified as a leading practitioner in Canada in the areas of equipment finance/leasing and/or asset securitizations by the following publications: The Canadian Legal Lexpert Directory; The Best Lawyers in Canada; and Chambers Global: The World's Leading Lawyers for Business.

In the securitization area, Michael has advised sellers, purchasers, liquidity lenders, credit enhancers (including foreign insurance companies), trustees and rating agencies in connection with numerous domestic and cross-border securitization transactions involving many different types of assets, including leases, loans and mortgages. He has acted for a number of Canadian finance and insurance companies in purchasing or selling lease portfolios and in establishing private securitization programs.

In the asset-based financing area, Michael has represented borrowers/lessees and lenders/lessors in specific transactions, including ABL credit facilities, acquisition financing credit facilities, warehouse credit facilities, cross-border lease and loan transactions, term loans or leases of capital equipment, franchise financing and project finance. He has also assisted vehicle and equipment lessors, financiers and suppliers in developing or modernizing their standard form documentation for use in a business or consumer context.

Michael was a member of the board of directors of Canadian Finance & Leasing Association (CFLA) for 10 years, is a member of its legal committee and has had extensive dealings with governmental officials on behalf of CFLA on a variety of issues relevant to CFLA members, including the new harmonized cost of credit disclosure rules for consumer leases and loans, Ontario's proposed new rules for motor vehicle dealers and for mortgage brokers and administrators, and the federal government's super-priority law for unremitted source deductions and goods and services tax (GST).

Michael is a member of the Firm's Opinions Committee. He is a resource person within the Firm who deals with unusual or complicated opinion issues in the securitizations and secured transactions areas. He has also been responsible for developing the Firm's precedent opinions for secured financings, securitizations and asset purchases.

Michael is or has been involved in a number of legal professional organizations and committees:

  • Chair, Personal Property Security Law Subcommittee, Ontario Bar Association (OBA)
  • Member, Business Law & Insolvency Sections, OBA
  • Member, Business Law Section, American Bar Association
Michael has written numerous articles and has spoken at numerous conferences and seminars on securitizations, equipment and consumer leasing, and secured transactions. Michael has also been an adjunct professor of commercial law at Osgoode Hall Law School.


 
     
 

Areas of Law

Financial Services
Structured Finance
Business
China Practice
 
 

Education

Admitted to the Ontario Bar - 1988
M.B.A., Schulich School of Business - 1986
LL.B., Osgoode Hall Law School - 1986
B.A., York University - 1982
 
 

Media Appearances

Mentioned - "Financial Post: Legal Post Blog Entry", Article by Julius Melnitzer concerning the Ontario government's recent accidental repeal of s. 46(3) of the Personal Property Security Act, December 5, 2007.

Quoted - "Canadian Tax Repeal To Open Cross-Border Securitization", Article by Cathy Cunningham, Total Securitization, November 30, 2007.

 
 

Recent Publications

Co-author - "Canadian Federal Budget Announces Structured Finance Developments", Blakes Bulletin on Securitization, March 2010.

Co-author - "Canadian ABS Shows Signs of Life", American Securitization Journal, 4 A.S.J. 13, pp. 13-14, Winter/Spring 2010.

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.

Co-author - "Federal Consultation on Lease Financing", Blakes Bulletin on Financial Services, April 2009.

Co-author - "Canadian Government Launches Consultation Process to Support Vehicle and Equipment Term ABS", Blakes Bulletin on Securitization, February 2009.

Author - "Canadian Government to Support Vehicle and Equipment ABS", Blakes Bulletin on Securitization, February 2009.

Author - "Lease Documentation", Canadian Leasing Education Program (CLEP), 2008 and 2009.

Co-author - "Leasing Law", Canadian Leasing Education Program (CLEP), 2008 and 2009.

Co-author - "No Immediate Solution to PPSA Collateral Classification Problem", Blakes Bulletin on Financial Services, December 2007.

Co-author - "New Opportunities to Securitize Canadian Interest-Bearing Receivables", Blakes Bulletin on Securitization, November 2007; also published in The International Law Office newsletter, November 20, 2007.

Author - PPSA 2007: What's Missing", National Banking Law Review, 26 Nat. B.L. Rev., No. 4, pp. 39-40, September 2007.

Author - "New Cost of Credit Disclosure Rules Come to Manitoba", National Banking Law Review, 26 Nat. B.L. Rev., No. 4, pp. 33-36, September 2007.

Author - True Leases Caught by Ontario PPSA", National Banking Law Review, 26 Nat. B.L. Rev., No. 3, pp. 26-27, July 2007.

Author - "New Cost of Credit Disclosure Rules Come to Manitoba", Blakes Bulletin on Financial Services, June 2007.

Author - "True Leases Caught by Ontario PPSA", Blakes Bulletin on Financial Services, May 2007.

Author - "PPSA 2007: What’s Changing ", Blakes Bulletin on Financial Services, May 2007; presented at Blakes seminar, Toronto, Ontario, May 9, 2007.

 
 

Recent Professional Activities

Co-speaker - "Leasing Law and Leasing Documentation", Canadian Leasing Education Program (CLEP), CFLA Seminar, December 3 and 10, 2009.

Co-speaker - "What's New in Law for Lessors and Finance Companies", Canadian Finance & Leasing Association's 2009 Annual Conference, The Hilton Lac-Leamy Hotel, Ottawa/Gatineau, Ontario, September 22, 2009.

Co-speaker - "Leasing Law and Leasing Documentation", Canadian Leasing Education Program (CLEP), CFLA Seminar, December 4 and 9, 2008.

Co-presenter - "What's New in Law for Lessors and Finance Companies", 2008 Canadian Finance & Leasing Association's Annual Conference, Mont Tremblant, Québec, September 19, 2008.

Moderator & Co-speaker - "Maple ABS", Insight's 11th Annual Asset Securitization Forum ABS 2008, Mont Tremblant, Québec, June 4, 2008.

Speaker and Author - "Personal Property Security Act Reform: Significant Policy Changes", Six Minute Debtor-Creditor and Insolvency Lawyer Seminar, Law Society of Upper Canada, Toronto, Ontario, April 22, 2008.

Presenter - " What's New in Law for Lessors and Finance Companies", 2007 Canadian Finance & Leasing Association's Annual Conference, Banff, Alberta, September 16, 2007.

Presenter - "Legal Principles for Leasing", Interactive Teleconferencing Workshop, Canadian Finance & Leasing Association, Toronto, Ontario, June 20, 2007.

Presenter - "True Leases Now Caught", Blakes Seminar, Toronto, Ontario, May 9, 2007.

Presenter - " PPSA 2007: What's Changing ", Blakes Seminar, Toronto, Ontario, May 9, 2007.

Co-presenter - "What's New in Law for Lessors & Finance Companies", Canadian Finance & Leasing Association Conference, Halifax, Nova Scotia, September 15, 2006.

 
     
     
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