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Jeremy Nemers

Jeremy Nemers

Partner Admitted to the Ontario Bar: 2014
People > Jeremy Nemers

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 of the Insolvency Law Section of the Ontario 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

  • 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

  • Canadian/Ontario Bar Association
  • Executive member of the Insolvency Law Section of the Ontario Bar Association

Selected Speaking Engagements

“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

“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

Publications Article Feb 13, 2020 Proactive Super-Priority of DIP Lenders Prevails over Reactive Post-Filing Creditors
Insights EnergyInsider Feb 07, 2019 All’s “Well” That Ends “Well” The Supreme Court of Canada’s Decision in Orphan Well Association v. Grant Thornton Ltd.
Publications Article Aug 01, 2018 Regulatory Changes to the Mortgage Brokerages, Lenders and Administrators Act, 2006: Increased Brokerage Obligations for Non-Qualified Syndicated Mortgage Transactions
Publications Article Sep 11, 2015 2015 Annual Cross Country Check-Up (Ontario)

Education

  • JD, University of Toronto, 2013 (Honours)
  • B.Comm. (Finance), McGill University, 2005 (Great Distinction)

Expertise