Best Structured Finance Lawyers in Canada

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Founded in 1980
English
Clarke Smith Estabrooks & Miller Law Office, located in Regina, Saskatchewan, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's areas of practice include real estate law, wills and estates, family law, civil litigation, blockchain and...
Gander, Canada

English
Peddle Law, based in Twillingate and Gander, Newfoundland and Labrador, offers specialized legal services in personal injury, dispute resolution, estate planning, property law, and negotiation. The firm is committed to providing clients with personalized and logical legal solutions in a convenient...
Greenberg & Greenberg
Portage la Prairie, Canada

Founded in 1966
English
Greenberg & Greenberg has been a cornerstone of the Portage la Prairie community for over 75 years, offering comprehensive legal services across various practice areas. Established in 1943 by I. H. Greenberg, Q.C., the firm has grown to include five dedicated lawyers, each bringing a wealth of...
Taylor Law Group
Toronto, Canada

Founded in 1990
4 people in their team
English
Taylor Law Group is a Langley based law firm serving clients throughout the Fraser Valley and the Lower Mainland. The firm focuses on family law, mediation and ADR, and wills and estates work, including estate litigation. Led by founder and senior counsel Scott Taylor, the practice reflects more...
Shaikh Law Firm
Toronto, Canada

Founded in 2000
50 people in their team
French
English
Our MissionOur mission is to surpass in selected areas of law by providing unmatched legal services.Our PhilosophyOur philosophy is to provide a client-focused approach in a fast & efficient manner without losing sight of the quality of legal advice.Our SuccessOur growing number of...
Dobko & Wheaton
Grande Prairie, Canada

Founded in 1990
English
Dobko & Wheaton has been delivering comprehensive legal services to the Grande Prairie community since 1990. With over 50 years of combined experience, the firm's partners-Gerry G. Dobko, Q.C., Michael Wheaton, Joe Canavan, Linh Wisekal, and Allen R. Wale-offer specialized knowledge across various...
Woynarski Szymura Kelly LLP
Cambridge, Canada

Founded in 2016
English
Woynarski Szymura Kelly LLP (WSK Law) has been a cornerstone of the Waterloo Region's legal community since 1979. Founded by Ronald F.B. Woynarski, the firm has built a solid reputation as a trusted advisor and advocate for its clients. The dedicated team of accomplished attorneys specializes in...
Wishart Law Firm
Sault Ste. Marie, Canada

English
Wishart Law Firm LLP, with over 120 years of service, stands as Northern Ontario's premier legal institution. Based in Sault Ste. Marie, Ontario, the firm offers a comprehensive range of legal services, including corporate and commercial litigation, civil litigation, residential and commercial real...
U. OKEBUGWU LAW (UO LAW)
Pickering, Canada

English
U. Okebugwu Law (UO Law) is a private practice firm located in Pickering, Ontario, dedicated to delivering personalized and efficient legal services. The firm offers expertise in immigration law, business law, wills and estate law, and real estate law, serving clients across the Durham Region,...
Morinville, Canada

Founded in 2025
English
PL Law, located in Morinville, Alberta, has been serving the Sturgeon County region for over 25 years. The firm offers a comprehensive range of legal services, including Real Estate, Subdivision, Rezoning & Development, Corporate Law, Wills & Estate Planning, Family Law and Mediation, Litigation,...
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About Structured Finance Law in Canada

Structured finance refers to complex financial transactions that involve pooling assets and issuing securities to investors. In Canada, structured finance is commonly seen in securitizations, asset-backed securities, collateralized debt obligations, and various project finance transactions. The legal landscape is shaped by a combination of federal and provincial laws, regulatory guidelines, and established market practices. Structured finance plays an essential role in capital markets, enabling businesses and financial institutions to manage risk, raise funds, and promote investment.

Why You May Need a Lawyer

Structured finance transactions involve intricate legal, financial, and regulatory considerations. You may need a lawyer in situations such as:

  • Structuring a securitization or asset-backed security deal
  • Navigating securities law compliance for capital raising
  • Drafting, negotiating, or reviewing transaction documents
  • Ensuring compliance with Canadian and international regulations
  • Addressing tax implications and cross-border structuring
  • Responding to regulatory investigations or enforcement actions
  • Resolving disputes between parties involved in structured finance deals

Legal guidance helps protect your interests, reduce risks, and ensure the success and legality of your structured finance transactions.

Local Laws Overview

In Canada, structured finance is influenced by several key legal and regulatory frameworks:

  • Securities Laws - Securities regulation is mainly provincial, overseen by organizations like the Ontario Securities Commission (OSC) and Autorité des marchés financiers (AMF). National instruments, such as National Instrument 45-106 on private placements, also play a role.
  • Bankruptcy and Insolvency Laws - The Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act are important for structuring transactions to ensure that assets in securitizations are bankruptcy-remote.
  • Taxation - Tax treatment is regulated federally and provincially, and structuring deals often involves complex tax analysis.
  • Disclosure Requirements - There are detailed disclosure obligations for issuing and marketing asset-backed securities.
  • Consumer Protection - Consumer laws may impact certain underlying assets, such as residential mortgages or auto loans.

Canadian structured finance transactions are also influenced by market conventions, international agreements, and risk management standards such as Basel III for financial institutions.

Frequently Asked Questions

What is structured finance?

Structured finance covers financial arrangements where assets or receivables are pooled and securities backed by those assets are sold to investors. Common transactions include securitizations, project finance, and collateralized debt obligations.

Who participates in structured finance deals?

Typical participants are originators (sellers of assets), issuers (entities that issue securities), investors (purchasers of securities), credit rating agencies, trustees, and various advisers like lawyers and accountants.

How does securitization work in Canada?

Securitization involves transferring a pool of assets to a separate entity, often a special purpose vehicle, that issues asset-backed securities to investors, thereby raising capital for the originator and transferring certain risks.

Are there special disclosure requirements for structured finance transactions?

Yes, both prospectus and exemption-based offerings require detailed disclosure about the underlying assets, risk factors, structure, cash flows, and the parties involved, in compliance with securities regulations.

What regulatory bodies oversee structured finance in Canada?

Structured finance is primarily regulated by provincial securities commissions, such as the OSC and AMF. Federally regulated financial institutions may also be subject to oversight by the Office of the Superintendent of Financial Institutions (OSFI).

Are there cross-border considerations in Canadian structured finance?

Yes, cross-border transactions require compliance with both Canadian law and the laws of the involved foreign jurisdictions, as well as potential tax, disclosure, and regulatory requirements.

What role does bankruptcy law play in structured finance?

Structuring typically aims to protect the pooled assets from an originator's bankruptcy, using bankruptcy-remote entities. Canadian bankruptcy laws must be considered for effective risk isolation.

Do structured finance transactions require regulatory approval?

Most transactions do not require pre-approval, but must comply with applicable securities laws, disclosure requirements, and sometimes notifications to regulatory bodies, especially for public offerings.

What are common challenges in Canadian structured finance?

Challenges include regulatory compliance, tax structure efficiency, legal documentation, cross-border legal risks, and ensuring proper risk transfer and investor protection.

How do I choose a lawyer for structured finance?

Look for lawyers or law firms with proven experience in structured finance, capital markets, and securitization. Consider their industry reputation, expertise in related regulations, and ability to advise on both legal and business aspects of transactions.

Additional Resources

To deepen your understanding or seek assistance, you may find these organizations and resources helpful:

  • Provincial securities regulators, such as the Ontario Securities Commission (OSC) or Autorité des marchés financiers (AMF)
  • Canadian Securities Administrators (CSA)
  • Office of the Superintendent of Financial Institutions (OSFI)
  • Investment Industry Regulatory Organization of Canada (IIROC)
  • CPA Canada for taxation and accounting standards in structured finance
  • Canadian Bankers Association for banking sector information
  • Financial Consumer Agency of Canada for consumer-related structured finance matters

Next Steps

If you believe you need legal assistance with structured finance in Canada, here are some steps you can take:

  • Assess your situation and identify specific legal or transactional needs
  • Gather relevant documents and information about the transaction or issue
  • Research and select a law firm or lawyer with expertise in structured finance
  • Schedule a consultation to discuss your goals, concerns, and possible strategies
  • Ask about the lawyer's experience, fee structures, and approach to your type of transaction
  • Develop a clear plan with your legal adviser for next steps and compliance obligations

Taking action early can help address complex regulatory requirements, minimize risks, and enhance the likelihood of a successful structured finance transaction in Canada.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.