Jay A. Swartz - Davies Ward Phillips & Vineberg LLP

Jay A. Swartz

Listed in Best Lawyers since 2006
Phone: 416-863-5520

Jay Swartz is a partner in the Corporate/Commercial, Capital Markets, Financial Restructuring & Insolvency, Mergers & Acquisitions, Private Equity, Banking and Infrastructure practices. He has a diverse commercial practice with particular emphasis on banking, debt financings, financial product development, structured finance, corporate restructurings, private equity funds and private company acquisitions.

Jay has been involved with numerous corporate restructurings, representing borrowers, lenders, investors, boards and receivers/monitors. He has been active in the establishment of numerous domestic and international funds for private equity investment in a variety of sectors, including mezzanine debt, venture capital, technology investment, distress investing and buy-out funds. In addition, Jay has been involved in all aspects of merchant banking transactions dealing with acquisitions, multi-tiered financings, equity ownership, corporate governance and employee incentive and compensation arrangements. This involved a coordination of the multidisciplinary team of legal specialists at the firm as well as other advisors.

Jay, together with other partners at the firm, has been instrumental in the development of the asset-backed securities business in Canada, having developed a variety of products to be sold to short and medium-term investors and to provide financing for mortgage receivables, lease receivables, government obligations, automobile loans, mutual fund deferred charges, car rental revenue and similar financial obligations.

In the financial products area, Jay has worked with bankers and investment dealers to develop products designed to strip and repackage corporate debt obligations, monetize future commodity production, defease corporate debt and provide tax-assisted financing for companies in financial distress. Jay has been involved in Canada's first financings secured by highway toll revenues, airport revenues and funding for school boards. In addition, Jay has been involved in numerous project financings, including several involving public sector assets. He has significant experience in bank regulatory matters and the regulation of financial institutions generally. A significant portion of this work has been related to the role of foreign banks in the Canadian banking system.

Jay's full bio is available here


York UniversityOsgoode Hall Law SchoolLL.B 1973
American College of Commercial Finance LawyersInsolvency Institute of CanadaInternational Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)Turnaround Management AssociationCanadian Bar AssociationInsolvency Institute of Canada Industrial and Commercial Bank of China (Canada) Pizza Pizza Royalty Corp. Pine River Institute

Client Comments

"He is very experienced, great to work with, quick to respond, available 24/7 if needed, and well organized. I interviewed 10 lawyers before selecting Jay and he has never disappointed in any way."

"Jay Swartz is an outstanding lawyer on all dimensions. Not only does he have terrific technical skills, he has great judgment and the ability to bridge the gap effectively between the law and practical business risks and decisions. On top of all that, he is a great human whose company I thoroughly enjoy."

-Steve Gunn
Chairman & CEO
Sleep Country Canada

"Jay is recognized as one of the preeminent business lawyers in this country. We work with Jay extensively on a wide variety of business law matters. He is able to marry complex legal issues with practical business advice. Jay has earned a reputation for his ability to deal with great integrity in tense situations rife with conflict. He has tremendous judgment and strong board room presence. He instills confidence in his clients. He is more than just a legal advisor. Jay is a trusted business advisor. He would likely be my leading choice for a challenging high profile mandate - and you can add to all of this that he is a very decent person and a pleasure to work with."

-Robert Kofman
Senior Vice-President
RSM Richter Inc.

"Jay is a thoughtful and brilliant advisor. He provides innovative solutions to difficult problems and is unflappable in the face of adversity. His counsel is something that his clients come to value greatly."

"Jay is a top-flight restrutcturing lawyer. Notwithstanding his high standing in the legal community, he has no ego so this makes it easy to work with him. He is respected by peers and gives level-headed, common-sense advice. He is one of the best lawyers in this field in Toronto. I am a big fan."

-Peter Farkas
Vice President
RSM Richter Inc.

"I have had the opportunity to work with Jay on several complex transactions and he has consistently delivered extremely high quality work. Jay is truly one of the leading and most respected lawyers in Canada. Through Jay's strong intellectual acumen, leadership, determination, and interpersonal skills, he is consistently instrumental in navigating through significant restructurings, as well as challenges encountered on new transactions. As managers of a private equity fund, we are very concerned about the Fund's interactions with our investors and their respective professionals. Jay's performance on behalf of the TD Capital has been outstanding."

-Paul Liebovitz
Managing Director
TD Capital

"Jay is that rare lawyer who, in addition to being an outstanding legal practitioner, also is street smart and has excellent business/commercial sense and instincts. As a result, he is able to give extremely practical and valuable strategic and tactical advice on how to do things, as well as what things do as well and how to do them. That advice covers both legal and business issues."

-Gilbert Palter
Chief Investment Officer & Managing Partner
EdgeStone Capital Partners

Office Location

155 Wellington Street West
Toronto, ON M5V 3J7

Lawyer of the Year Awards

2017 Lawyer of the Year in Insolvency and Financial Restructuring Law of the Toronto Metro Area2015 Lawyer of the Year in Banking and Finance Law of the Toronto Metro Area2013 Lawyer of the Year in Insolvency and Financial Restructuring Law of the Toronto Metro Area2009 Lawyer of the Year in Banking and Finance Law of the Toronto Metro Area
Jay A. Swartz has earned a Lawyer of the Year award for 2017!Jay A. Swartz has earned a Lawyer of the Year award for 2015!Jay A. Swartz has earned a Lawyer of the Year award for 2013!Jay A. Swartz has earned a Lawyer of the Year award for 2009!

Practice Areas

Banking and Finance Law
Corporate Law
Derivatives Law
Equipment Finance Law
Insolvency and Financial Restructuring Law
Mergers & Acquisitions Law
Project Finance Law