Andrew J.F. Kent 

Co-Chair, Financial Services and Restructuring

Toronto  t: 416.865.7160 andrew.kent@mcmillan.ca

Andrew J.F. Kent

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

t: 416.865.7160
e: andrew.kent@mcmillan.ca

overview

Andy is listed in many domestic and international directories as one of the leading business lawyers in Canada. He is rated as AV® Preeminent™ by Martindale-Hubbell and has been repeatedly listed in Lexpert's Leading 500 lawyers in Canada and many other directories. In 2011 Andy was selected as one of The Top 25 Most Influential lawyers in a poll conducted by Canadian Lawyer magazine. He is most commonly recognized for addressing troubled business situations and complex financial transactions.

Quotes in directories about Andy include: "leading light who is as bright as day", "[having] a real creative streak and the ability to ‘always dig a bit deeper'", "admired for possessing capabilities to deal with the most difficult legal issues in any financing context", "immensely shrewd and formidable adversary", "clients were effusive in their praise", "a lawyer with a brilliant legal mind", "distils complex business issues into simple language", "no one doubts [his] academic pedigree and technical excellence" and "impressive street fighter and strategist".

Andy has written and spoken on a wide variety of legal matters and has spear-headed successful statutory reform initiatives. He has served as an Adjunct Professor of the Faculty of Law at the University of Toronto.

Representative Matters

  • Mobilicity (Telecommunications) – acting for successful purchaser
  • Niko Resources (Energy) – acting for exploration and production company pursuing strategic alternatives
  • Homburg Invest (Real Estate) – acting for reorganization plan sponsor.
  • Crystallex (Mining) – acting for debtor in reorganization proceeding.
  • Yellow Media (I.T.) – acting for senior lender agent on reorganization proceeding.
  • Catalyst Paper (Natural Resources) – acting for DIP lender on reorganization proceeding.
  • Nortel (Telecommunications/IT) – acting for bidder for patent portfolio.
  • CanWest Publishing (Media) – acting for senior lender agent on reorganization proceeding.
  • CanWest Media (Media) – acting for senior lender agent on refinancing.
  • Trident (Energy) – acting for senior secured lenders on reorganization proceeding.
  • Masonite International (Manufacturing) – acting for senior lender agent in reorganization proceeding.
  • Air Canada (Transportation) – acting for senior lender agent on financing.
  • General Motors (Manufacturing) – acting for interim lender on Canadian financing related to parent reorganization.
  • Chrysler (Manufacturing) – acting for interim lender on Canadian financing related to parent reorganization.
  • Quebecor World (Manufacturing) – acting for senior lender agent in reorganization proceeding.
  • ABCP (Financial Services) – acting for major financial institution.
  • BCE (Telecommunications) – acting for bondholders opposing takeover transaction. 
  • Stelco (Manufacturing) – acting for bondholders and reorganization plan sponsors.
  • Sam the Record Man (Media/Real Estate) – acting on wind-down of family business.
  • Teleglobe (Telecommunications) – acting for lenders on litigation over major financing transaction.
  • Consumers Packaging (Manufacturing) – acting for debtor on reorganization proceeding.
  • Tembec (Natural Resources) – acting for supporting bondholders committee on arrangement proceeding.
  • JTI MacDonald Corp. (Consumer Products) – acting for provincial government on reorganization proceeding.
  • Canadian Airlines (Transportation) – acting for senior lender agent on reorganization proceeding. 
  • Saskatchewan Wheat Pool (Agriculture) – acting for senior lender agent on financing. 
  • Canada 3000 (Transportation) – acted for trustee in bankruptcy in major liquidation proceeding.

Publications

Assigning Contracts in Canadian Insolvency Proceedings
How a Debtor Should use its Reorganization Powers
The Indalex Decision: Wake-up Call? False Alarm?
Chasing Gold: The Crystallex Story
A Comment on Indalex
Demanding Repayment of Loans and Reasonable Notice - Back to the Future
Recent Development in Insolvency & Financial Restructuring
Demanding repayment of loans and reasonable notice – Back to the future
Re Indalex Limited: New Pension Deficiency Wrinkles for Financiers
Insolvency and Financial Restructuring: Recent Developments of Importance
Insolvency and Financial Restructuring: Recent Developments of Importance
Guiding on Restructuring: Restructuring's New Age
Canadian Business Restructuring Law: When Should a Court say 'No'?
Panel Discussion of Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute C. 47 and Beyond
Insolvency & Financial Restructuring - Recent Developments of Importance
Eligible Financial Contracts vs. Insolvency: Round II
Legal Strategies for Acquiring Distressed Businesses in Canada
DEEPENING INSOLVENCY: Will the U.S. theory be adopted in Canada?
Insolvency & Financial Restructuring: Recent Developments of Importance
An Overview of Canadian Insolvency Law and Cross-Border Considerations
An Overview of Canadian Insolvency Law and Cross-Border Considerations
Flawed Canadian Insolvency Law Reform Enacted?
Who is in Control? A Commentary on Canadian DIP Lending Practices
Commercial Insolvency Law Reform: Recommendations by the Standing Committee for Amendment to the Companies Creditors Arrangement Act and the Bankruptcy and Insolvency Act
Senate Committee Recommends Bold Insolvency Law Reforms
The Auditor as Monitor in CCAA Proceedings
What is the Debate?

Education

  • University of Toronto, JD - 1976
  • University of Toronto, University College, BA - 1973

Year Of Call

  • Called to the Ontario bar - 1979

Practices

financial services
acquisitions and divestitures
business litigation
restructuring and insolvency
negotiated transactions

Industries

banking, finance and insurance
private equity - buyouts & venture capital investment
media, communications and entertainment
manufacturing, distribution and retail
energy

Directorships and Professional Associations

  • Canadian, Ontario and International Bar Associations
  • Fellow of The Insolvency Institute of Canada
  • American Bankruptcy Institute

Teaching Engagements

  • Past Adjunct Professor, University of Toronto, Faculty of Law




Awards & Rankings

  • Chambers Global 2016 - Restructuring/Insolvency
  • Chambers Canada 2016 - Restructuring/Insolvency
  • The Best Lawyers in Canada 2016 – Corporate Law and Insolvency & Financial Restructuring Law
  • The Canadian Legal Lexpert Directory 2016 – Banking & Financial Institutions, Insolvency & Financial Restructuring - Litigation
  • IFLR 1000 Financial and Corporate Guide 2016 - Banking and Restructuring and Insolvency
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada 2016 - Banking & Financial Institutions, Insolvency & Financial Restructuring
  • Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada 2016 - Banking & Financial Institutions, Insolvency & Financial Restructuring
  • Lexpert Report on Business Magazine 2016 - Leading Corporate Lawyer
  • Lexpert Report on Business Magazine 2015 - Leading Litigation Lawyer
  • Lexpert Report on Business Magazine 2015 - Leading Energy Lawyer
  • Chambers and Partners: Chambers Global – The World's Leading Lawyers for Business 2015 Clients Guide – Restructuring / Insolvency – Canada
  • The Legal 500 Canada 2015 - "Leading Lawyer" in Restructuring and Insolvency & Banking and Finance
  • "AV® Preeminent™" Peer Review Rating from Martindale-Hubbell
  • Who's Who Legal: Banking 2016 - Banking
  • Who's Who Legal: Restructuring & Insolvency 2016
  • The Canadian Lawyer Top 25 Most Influential – 2011
vcard
Andy is listed in many domestic and international directories as one of the leading business lawyers in Canada. He is rated as AV® Preeminent™ by Martindale-Hubbell and has been repeatedly listed in Lexpert's Leading 500 lawyers in Canada and many other directories. In 2011 Andy was selected as one of The Top 25 Most Influential lawyers in a poll conducted by Canadian Lawyer magazine. He is most commonly recognized for addressing troubled business situations and complex financial transactions.

Quotes in directories about Andy include: "leading light who is as bright as day", "[having] a real creative streak and the ability to ‘always dig a bit deeper'", "admired for possessing capabilities to deal with the most difficult legal issues in any financing context", "immensely shrewd and formidable adversary", "clients were effusive in their praise", "a lawyer with a brilliant legal mind", "distils complex business issues into simple language", "no one doubts [his] academic pedigree and technical excellence" and "impressive street fighter and strategist".

Andy has written and spoken on a wide variety of legal matters and has spear-headed successful statutory reform initiatives. He has served as an Adjunct Professor of the Faculty of Law at the University of Toronto.
  • Mobilicity (Telecommunications) – acting for successful purchaser
  • Niko Resources (Energy) – acting for exploration and production company pursuing strategic alternatives
  • Homburg Invest (Real Estate) – acting for reorganization plan sponsor.
  • Crystallex (Mining) – acting for debtor in reorganization proceeding.
  • Yellow Media (I.T.) – acting for senior lender agent on reorganization proceeding.
  • Catalyst Paper (Natural Resources) – acting for DIP lender on reorganization proceeding.
  • Nortel (Telecommunications/IT) – acting for bidder for patent portfolio.
  • CanWest Publishing (Media) – acting for senior lender agent on reorganization proceeding.
  • CanWest Media (Media) – acting for senior lender agent on refinancing.
  • Trident (Energy) – acting for senior secured lenders on reorganization proceeding.
  • Masonite International (Manufacturing) – acting for senior lender agent in reorganization proceeding.
  • Air Canada (Transportation) – acting for senior lender agent on financing.
  • General Motors (Manufacturing) – acting for interim lender on Canadian financing related to parent reorganization.
  • Chrysler (Manufacturing) – acting for interim lender on Canadian financing related to parent reorganization.
  • Quebecor World (Manufacturing) – acting for senior lender agent in reorganization proceeding.
  • ABCP (Financial Services) – acting for major financial institution.
  • BCE (Telecommunications) – acting for bondholders opposing takeover transaction. 
  • Stelco (Manufacturing) – acting for bondholders and reorganization plan sponsors.
  • Sam the Record Man (Media/Real Estate) – acting on wind-down of family business.
  • Teleglobe (Telecommunications) – acting for lenders on litigation over major financing transaction.
  • Consumers Packaging (Manufacturing) – acting for debtor on reorganization proceeding.
  • Tembec (Natural Resources) – acting for supporting bondholders committee on arrangement proceeding.
  • JTI MacDonald Corp. (Consumer Products) – acting for provincial government on reorganization proceeding.
  • Canadian Airlines (Transportation) – acting for senior lender agent on reorganization proceeding. 
  • Saskatchewan Wheat Pool (Agriculture) – acting for senior lender agent on financing. 
  • Canada 3000 (Transportation) – acted for trustee in bankruptcy in major liquidation proceeding.
publications
July 2014
Assigning Contracts in Canadian Insolvency Proceedings
Restructuring and Insolvency Bulletin
2014
How a Debtor Should use its Reorganization Powers
Janis P. Sarra, ed, Annual Review of Insolvency Law 2014, Thomson Reuters
October 2013
The Indalex Decision: Wake-up Call? False Alarm?
43rd Annual Workshop on Commercial and Consumer Law, Montreal
February 2013
Chasing Gold: The Crystallex Story
Janis P. Sarra, ed, Annual Review of Insolvency Law, Thomson Reuters
February 2012
A Comment on Indalex
Janis P. Sarra, ed, Annual Review of Insolvency Law, Thomson Reuters
October 2011
Demanding Repayment of Loans and Reasonable Notice - Back to the Future
National Banking Law Review - Lexis Nexis -  Volume 30, Number 5
June 2011
Recent Development in Insolvency & Financial Restructuring
The Canadian Legal Lexpert Directory 2011
April 2011
Demanding repayment of loans and reasonable notice – Back to the future
Restructuring & Insolvency Bulletin
April 2011
Re Indalex Limited: New Pension Deficiency Wrinkles for Financiers
Restructuring & Insolvency Bulletin
January 2011
Insolvency and Financial Restructuring: Recent Developments of Importance
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
April 2010
Insolvency and Financial Restructuring: Recent Developments of Importance
The 2010 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
June 2009
Guiding on Restructuring: Restructuring's New Age
Reprinted with permission from the July/August 2009 issue of Lexpert Magazine.
Fall 2008
Canadian Business Restructuring Law: When Should a Court say 'No'?
The Banking & Finance Law Review, Fall 2008
September 2008
Panel Discussion of Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute C. 47 and Beyond
The Canadian Business Law Journal, Vol. 46, No.3
April 2008
Insolvency & Financial Restructuring - Recent Developments of Importance
2008 Lexpert / American Lawyer - Guide to the Leading 500 Lawyers in Canada
January 2008
Eligible Financial Contracts vs. Insolvency: Round II
Annual Review of Insolvency Law - 2007 - Janis P. Sarra, Editor
September 2007
Legal Strategies for Acquiring Distressed Businesses in Canada
Chapter 14 in "Corporate Finance for Canadian Executives", edited by Howard E. Johnson (Carswell - Thomson Canada Limited - 2007)
May 2007
Insolvency & Financial Restructuring: Recent Developments of Importance
2007 Lexpert / The American Lawyer - Guide to the Leading 500 Lawyers in Canada
June 2006
An Overview of Canadian Insolvency Law and Cross-Border Considerations
Article: BNA International's Corporate Restructuring
April 2006
An Overview of Canadian Insolvency Law and Cross-Border Considerations
2006 Lexpert Cross-Border Corporate Restructuring Guide
November 2005
Flawed Canadian Insolvency Law Reform Enacted?
Restructuring Bulletin
May 2004
Who is in Control? A Commentary on Canadian DIP Lending Practices
Presentation, Annual Insolvency and Restructuring Forum, the Canadian Association of Insolvency and Restructuring Professionals
January 2004
Commercial Insolvency Law Reform: Recommendations by the Standing Committee for Amendment to the Companies Creditors Arrangement Act and the Bankruptcy and Insolvency Act
Presentation, the OBA Institute
November 2003
Senate Committee Recommends Bold Insolvency Law Reforms
Restructuring Bulletin
October 2003
The Auditor as Monitor in CCAA Proceedings
What is the Debate?
Article