W. Kip Daechsel 

W. Kip Daechsel

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7102
e: kip.daechsel@mcmillan.ca

overview

Kip is an experienced business lawyer who successfully tackles complex business challenges through innovation and teamwork. Kip's core skill set is mergers and acquisitions, private equity and providing strategic advice to clients. Kip also advises clients in respect of conflict resolution, structured finance, specialised commercial agreements, structured finance, the regulation of financial institutions and corporate governance. Kip’s private equity experience includes coordinating the legal work of a Canadian private equity firm abroad and advising a European private equity firm which invests in Canada. Kip works in both Ontario and Quebec, as well as outside Canada, and makes frequent use of his language skills (French, Italian, and Spanish).

Representative Matters

Mergers and Acquisitions and Private Equity

  • Lead counsel to a Canadian private equity fund investing in a Caribbean financial institution
  • Lead counsel to a Canadian private equity fund inventing in the food sector in Colombia.
  • Lead counsel to a special committee of a portfolio company of a Canadian private equity fund in connection with an acquisition in Argentina
  • Lead counsel to an American Fortune 500 American corporation in the acquisition of the Canadian subsidiary of a Dutch corporation
  • Special counsel to a national transportation company in the sale of a significant part of its operations to an American corporation
  • Lead counsel to a national publishing and printing company in multiple acquisitions and sales
  • Counsel to a Canadian trust company in the sale of a division to a Canadian bank 
  • Lead counsel to a Canadian bank in the sale of a division to another Canadian bank
  • Lead counsel to one of Canada's largest private corporations in an acquisition in Quebec and other mandates
  • Lead counsel in a sale by a specialised Canadian metal fabricator of its assets to an American corporation 
  • Lead counsel to a Canadian corporation in the sale of its assets to an international engineering corporation
  • Lead counsel to an Italian corporation in the acquisition of a pharmaceutical manufacturer located in Quebec

Commercial Agreements

  • Shared Facilities and Co-operation Agreements for multiple school boards
  • Agreements for Canadian and foreign entities

Strategic Advice

  • Developed and implemented an innovative strategy for the incorporation of a French-language broadcasting corporation
  • Developed and implemented an innovative strategy to protect the interests of a credit enhancer in the context of a windup of a future flow securitization of outbound payments emanating from Central Asia
  • Developed and implemented an innovative strategy to protect the interests of the principal shareholder of a large European oil corporation following an expropriation of its assets
  • Developed and implemented a strategy to successfully permit the founder of a public corporation to take back control of the corporation by way of a proxy fight over the incumbent Board's opposition
  • Developed and implemented a strategy to persuade the Office of the Superintendent of Financial Institutions to modify its policy regarding the sale of a specialized financial product in Canada
  • Led team to assist international private equity fund in securing investors in Saudi Arabia

Conflict Resolution

  • Developed and implemented a strategy to resolve litigation between an American financial institution and four French banks (part of a group of 18 American and foreign bank litigants)
  • Developed and implemented a strategy to resolve litigation between an American Financial Institution and a major Canadian bank

Structured Finance

  • Special counsel in connection with a series of elaborate securitization structures for the Canadian entertainment industry
  • Special counsel to providers of credit enhancement (both banks and monoline insurance companies) in securitization transactions 
  • Lead Canadian counsel to the world's largest financial guarantee insurer
  • Canadian counsel to the Association of Financial Guaranty Insurers
  • Author of an in-depth analysis on the elaborate securitization structures by a Canadian corporation in the sale of its assets
  • Special counsel regarding the structured finance aspects of the construction of a medical research centre 
  • Lead counsel to several Canadian industrial corporations with respect to the sale of their assets in domestic and transborder securitizations

Regulation of Financial Institutions

  • Incorporated the Canadian Lenders Association
  • Obtained numerous favourable decisions from the Office of the Superintendent of Financial Institutions 
  • Incorporated a financial institution
  • Dissolved a financial institution
  • Developed an innovative structure for the creation of a new financial product by a foreign financial institution
  • Prepared an analysis for a major Canadian insurance corporation of the impact of Ontario laws on a new insurance product
  • Prepared an analysis for a foreign financial institution on the constitutionality of the provincial regulations applicable to activities contemplated by the institution
  • Acted as special counsel to a foreign bank in connection with the issuance of specialized debt instruments
  • Acted as special counsel to several insurance corporations on ad hoc issues regarding applicable regulation

Creditor Rights

  • Borrower's counsel on a renegotiated banking facility with a major Canadian entertainment firm
  • Canadian counsel to several European creditors of Canadian debtors
  • Member of legal team acting for a Canadian bank in one of the largest Canadian restructurings

News

Kip Daechsel Joins McMillan LLP

Education

  • Universidad de Salamanca, Diploma de Especialización en Derecho (Contratos y Daños) - 2011
  • Université Laval, LL.B. (Civil Law) - 1982
  • Queen's University, LL.B. (Common Law) - 1981
  • Queen's University, B.A. (Political Studies) - 1978

Year Of Call

  • Called to the Ontario bar - 1984
  • Called to the Quebec bar - 1984

Practices

business law
fintech
private equity
mergers and acquisitions
financial services
insurance
structured finance, securitization and derivatives
regulatory compliance
charities and not-for-profit

Industries

private equity - buyouts & venture capital investment
banking, finance and insurance
pharmaceuticals
trucking

Directorships and Professional Associations

  • Founding President – La Maison de la francophonie de Toronto
  • Director, Corporate Secretary and Legal Counsel – Canadian Counsel of the Americas
  • Director, Corporate Secretary and Legal counsel – Canadian Lenders Association
  • Director, Groupe Média TFO

Community Involvement

  • Founding President of La Maison de la francophonie de Toronto
  • Past President of the Club canadien de Toronto
  • Past President of a non-profit Francophone daycare
  • Past Vice-President of a Francophone Community Health and Social Services Clinic
  • Past Vice-President of a Francophone Theater
  • Past Board Member of L'Alliance française de Toronto 
  • Multi term President of a local Federal Riding Association
  • Strategic and legal advisor on multiple political campaigns at provincial and federal levels
vcard

Kip is an experienced business lawyer who successfully tackles complex business challenges through innovation and teamwork. Kip's core skill set is mergers and acquisitions, private equity and providing strategic advice to clients. Kip also advises clients in respect of conflict resolution, structured finance, specialised commercial agreements, structured finance, the regulation of financial institutions and corporate governance. Kip’s private equity experience includes coordinating the legal work of a Canadian private equity firm abroad and advising a European private equity firm which invests in Canada. Kip works in both Ontario and Quebec, as well as outside Canada, and makes frequent use of his language skills (French, Italian, and Spanish).

Mergers and Acquisitions and Private Equity

  • Lead counsel to a Canadian private equity fund investing in a Caribbean financial institution
  • Lead counsel to a Canadian private equity fund inventing in the food sector in Colombia.
  • Lead counsel to a special committee of a portfolio company of a Canadian private equity fund in connection with an acquisition in Argentina
  • Lead counsel to an American Fortune 500 American corporation in the acquisition of the Canadian subsidiary of a Dutch corporation
  • Special counsel to a national transportation company in the sale of a significant part of its operations to an American corporation
  • Lead counsel to a national publishing and printing company in multiple acquisitions and sales
  • Counsel to a Canadian trust company in the sale of a division to a Canadian bank 
  • Lead counsel to a Canadian bank in the sale of a division to another Canadian bank
  • Lead counsel to one of Canada's largest private corporations in an acquisition in Quebec and other mandates
  • Lead counsel in a sale by a specialised Canadian metal fabricator of its assets to an American corporation 
  • Lead counsel to a Canadian corporation in the sale of its assets to an international engineering corporation
  • Lead counsel to an Italian corporation in the acquisition of a pharmaceutical manufacturer located in Quebec

Commercial Agreements

  • Shared Facilities and Co-operation Agreements for multiple school boards
  • Agreements for Canadian and foreign entities

Strategic Advice

  • Developed and implemented an innovative strategy for the incorporation of a French-language broadcasting corporation
  • Developed and implemented an innovative strategy to protect the interests of a credit enhancer in the context of a windup of a future flow securitization of outbound payments emanating from Central Asia
  • Developed and implemented an innovative strategy to protect the interests of the principal shareholder of a large European oil corporation following an expropriation of its assets
  • Developed and implemented a strategy to successfully permit the founder of a public corporation to take back control of the corporation by way of a proxy fight over the incumbent Board's opposition
  • Developed and implemented a strategy to persuade the Office of the Superintendent of Financial Institutions to modify its policy regarding the sale of a specialized financial product in Canada
  • Led team to assist international private equity fund in securing investors in Saudi Arabia

Conflict Resolution

  • Developed and implemented a strategy to resolve litigation between an American financial institution and four French banks (part of a group of 18 American and foreign bank litigants)
  • Developed and implemented a strategy to resolve litigation between an American Financial Institution and a major Canadian bank

Structured Finance

  • Special counsel in connection with a series of elaborate securitization structures for the Canadian entertainment industry
  • Special counsel to providers of credit enhancement (both banks and monoline insurance companies) in securitization transactions 
  • Lead Canadian counsel to the world's largest financial guarantee insurer
  • Canadian counsel to the Association of Financial Guaranty Insurers
  • Author of an in-depth analysis on the elaborate securitization structures by a Canadian corporation in the sale of its assets
  • Special counsel regarding the structured finance aspects of the construction of a medical research centre 
  • Lead counsel to several Canadian industrial corporations with respect to the sale of their assets in domestic and transborder securitizations

Regulation of Financial Institutions

  • Incorporated the Canadian Lenders Association
  • Obtained numerous favourable decisions from the Office of the Superintendent of Financial Institutions 
  • Incorporated a financial institution
  • Dissolved a financial institution
  • Developed an innovative structure for the creation of a new financial product by a foreign financial institution
  • Prepared an analysis for a major Canadian insurance corporation of the impact of Ontario laws on a new insurance product
  • Prepared an analysis for a foreign financial institution on the constitutionality of the provincial regulations applicable to activities contemplated by the institution
  • Acted as special counsel to a foreign bank in connection with the issuance of specialized debt instruments
  • Acted as special counsel to several insurance corporations on ad hoc issues regarding applicable regulation

Creditor Rights

  • Borrower's counsel on a renegotiated banking facility with a major Canadian entertainment firm
  • Canadian counsel to several European creditors of Canadian debtors
  • Member of legal team acting for a Canadian bank in one of the largest Canadian restructurings