Jeremy Nemers
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Toronto
- Bio
- Awards & Recognition
- Professional Involvement
- Representative Matters
- Selected Speaking Engagements
- Selected Publications
- Insights
- Education
Having previously worked as an investment banker at a Montreal-based securities dealer, Jeremy draws experience from both sides of the legal-business relationship. This background helps him better understand what clients are seeking and enables him to provide clients with customized and practical solutions. Jeremy’s perceptive nature allows him to anticipate possible outcomes and consequences as matters evolve, allowing him to represent clients’ interests strategically and effectively.
Jeremy is a member of the firm’s Financial Services Group, practising in the areas of insolvency and restructuring law, with an emphasis on both the litigation and commercial aspects of turnarounds, reorganizations, liquidations, security enforcement, receiverships, plans of arrangement under the Companies’ Creditors Arrangement Act, proposals and bankruptcies under the Bankruptcy and Insolvency Act and the purchase and sale of distressed assets and businesses.
Jeremy is an Executive Member at Large of the Insolvency Law Section of the Ontario Bar Association, an Executive Member at Large of the National Insolvency Law Section of the Canadian Bar Association and regularly appears before the Ontario Superior Court of Justice (Commercial List) on behalf of court-appointed officers, secured creditors, purchasers, debtors and others. He also regularly negotiates the sale and purchase of distressed assets and other related matters on behalf of these various stakeholder groups.
Other Languages
French
Awards & Recognition
- Recognized in The Best Lawyers in Canada in the field of Insolvency and Financial Restructuring Law
- Recognized in The Canadian Legal Lexpert Directory as a Leading Lawyer to Watch in the areas of Financial Restructuring and Insolvency Litigation
- Recognized in Lexpert's Special Edition: Litigation as a Lawyer to Watch, 2023
- Fay Keen Prize in Family Law, 2013
- Blake, Cassels & Graydon LLP Prize in Taxation, 2012
- Wilson Moot, First Place Team in Oral and Written Argument, 2012
Professional Involvement
Memberships
- Executive Member at Large, National Insolvency Law Section of the Canadian Bar Association
- Executive Member at Large, Insolvency Law Section of the Ontario Bar Association
Representative Matters
Successfully represented RBC in Royal Bank of Canada v. J&R Transport Inc., in which the Court appointed a receiver over the Respondent’s assets to facilitate the recovery of secured debt in excess of $7 million.
Successfully represented RBC in Royal Bank of Canada v. 2531961 Ontario Inc. et al., where the Court appointed a receiver over the Respondents’ assets due to repeated delays, lack of transparency and failure to provide sufficient evidence of refinancing efforts.
Successfully represented RBC in Royal Bank of Canada v. Express GT Parts Serve Inc. et al., in which the Court held that RBC’s security interest extended to the collateral of a related entity after the original borrowers were voluntarily dissolved.
Successfully represented RBC in ensuring a receiver was appointed to manage the assets of Trans Emerge Transport Inc. in a $10.7-million debt case.
Selected Speaking Engagements
"Annual Cross-Canada Update," CBA Insolvency Law Conference, October 17-18, 2024.
"Understanding Today’s Vulnerable Businesses: Financial Integrity Pre- & Post-COVID-19," Aird & Berlis LLP's Financial Services Webinar, November 5, 2020.
"Commercial Restructurings: Technical Update," CAIRP 2019 Insolvency & Restructuring Exchange, September 26, 2019.
"Technology and Insolvency – Are We Ready?" Annual Review of Insolvency Law Conference, February 1, 2019.
Selected Publications
"Prove It, Court Officer: You Can’t Always Get What You Want (But If You Try Sometimes, You Might Just Find You Get What You Need)," CAIRP Rebuilding Success, Spring/Summer 2022.
“Will Orphan Wells Lead to Orphan Industries … Beyond Alberta and Beyond Oil and Gas? Some Practical Commentary and Takeaways for Insolvency Professionals,” CAIRP Rebuilding Success magazine, Fall/Winter 2019.
“All’s “Well” That Ends “Well”: The Supreme Court of Canada’s Decision in Orphan Well Association v. Grant Thornton Ltd.,” co-Authored with David Stevens and Brandon Carter, Aird & Berlis Energy Insider, February 7, 2019.
“Regulatory Changes to the Mortgage Brokerages, Lenders and Administrators Act, 2006: Increased Brokerage Obligations for Non-Qualified Syndicated Mortgage Transactions,” Aird & Berlis Financial Services Flash, August 1, 2018.
“Insolvency and Bankruptcy of the Tenant,” co-Authored with Steven L. Graff in Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide (Toronto: Thomson Reuters), June 28, 2017.
“Receivers, Unions and the Lifting of the Stay: Are the Floodgates Open or Have They Merely Sprung a Leak?," Aird & Berlis Collateral Matters, June 14, 2017.
"Pre-Bankruptcy Payment to Secured Creditor Escapes Statutory Deemed Trust," co-Authored with Ian Aversa and Mark Strychar-Bodnar, Aird & Berlis LLP Financial Services Flash, January 8, 2016.
“Trustee Cannot Disclaim Bankrupt Landlord’s Lease," co-Authored with Ian Aversa, Aird & Berlis LLP Financial Services Flash, December 3, 2015.
“The Constructive Trust and the Court of Appeal: A Cautionary Reminder That Even Perfected Security Interests are Imperfect," Aird & Berlis LLP Collateral Matters, February 11, 2015.
“Domain Name Security Interests: 'Control' Isn't 'Perfection'," co-Authored with Alyssa Keon, Aird & Berlis LLP’s Collateral Matters, September 17, 2014, and Commercial Insolvency Reporter, February 2015.
“Forum Selection: ‘Not A Matter of Flipping A Coin’,” delivered at the Transportation Lawyer’s Association Annual Conference and Canadian Transportation Lawyer’s Association Midyear Meeting, St. Petersburg, Florida, May 2, 2014.
“Year in Review: Selected Bankruptcy and Insolvency Cases – 2013/14,” co-Authored with Sanjeev Mitra and delivered at the Canadian Association of Insolvency and Restructuring Professionals Forum, Toronto, Ontario, May 15, 2014.
“Pens Down on Expert Report Revisions?,” co-Authored with Piper Morley, 6 D.M.P.L. (2d), April 2014.
“Highway 407 Toll Indebtedness: The Benefits of Being Discharged from Bankruptcy,” co-Authored with Mathew Goldstein, Aird & Berlis LLP’s Financial Services Flash, April 9, 2014.
“‘Context Matters’ – Privilege, Bad Faith and Closed-Door Council Meetings,” co-Authored with John Mascarin, 6 D.M.P.L. (2d), February 2014.
Insights
Education
- JD, University of Toronto, 2013 (Honours)
- B.Comm. (Finance), McGill University, 2005 (Great Distinction)