Profile
Jennifer Babe's practice emphasizes commercial law, focusing on secured transactions, the securing of sales and leases of significant products and the purchases of businesses, assets and shares.
Jennifer serves several auto acceptance companies as if she were their in-house counsel for Canada for both retail and wholesale operations and their day to day operating needs. She has an extensive practice in advising vehicle manufacturers and lessors in dealings with fleet and daily rental company customers, vehicle remarketing and auctions.
Jennifer assists clients in complying with consumer protection legislation, privacy laws, and other statues of key concern to clients with retail operations.
Jennifer has special expertise in the laws of personal property, as governed by Personal Property Security legislation. With extensive practical experience in these Acts for each province of Canada, and at the Federal level, she writes and lectures regularly on them, staying at the forefront of these ever-changing laws, in order to respond to client needs.
She is adept at guiding clients through the intricacies of this area of law, and at distilling substantive amounts of complex, technical information into solution-oriented advice to protect clients' best interests.
Whether client requirements be of the complex, technical nature of a secured transaction, or the more general corporate legal queries of business, Ms. Babe ensures they are met in a cost effective, timely manner.
Education
- LL.M., London School of Economics and Political Science, 1981
- LL.B., Osgoode Hall Law School, York University, 1979
- B.A., University of Toronto, 1976
Professional Achievements
- Best Lawyers in Canada, 2013
- Martindale-Hubbell AV Preeminent Rated Lawyer, 2013
- 2012 Canadian Legal Lexpert® Directory
- Named a Fellow of American College of Commercial Finance Lawyers, 2004
- Recognized in the 2008, 2009, 2010, 2011, 2012 Lexpert /American Lawyer Guide to the Leading 500 Lawyers in Canada
- Repeatedly recognized in Canadian Legal Lexpert Directory as a leading practitioner in banking law and the corporate mid-market category
- Received Ontario Bar Association’s Distinguished Service Award 2008
- Honoured by the Legal Education and Action Fund in 2010 as a woman in the law who makes a difference for other women
- Named one of Canada's 100 Most Powerful Women 2004, by Women's Executive Network in the Professionals category
Representative Work
- Assisting clients to comply with changing requirements to meet local legislation for national retail and wholesale sales, financing and leasing of goods and services
- Analysis of priorities among creditors and enforcement of remedies for recovery of goods and payments owed
- Cross border secured sales for vendors and lessors and their lenders
Directorships
- Director, YMCA Canada
- Director, Canadian Finance and Leasing Association
- Former director, YMCA of Greater Toronto – Retired September 2012
- Former director, Metrolinx (GO Transit) – Retired January 2012
- Former director Friends of Shopping Bag Ladies
- Institute of Corporate Directors, Institute-Certified Director, ICD.D
- Listed in "Women in the Lead" Ivey Women in Management Newsletter Directory; a national directory of Canadian women whose professional expertise and experience recommend them as candidates
- Miller Thomson’s designate as a Founding Member of the Canadian Board Diversity Council
Community Involvement
- Past Chair of the Commercial Law Strategy Committee of the Uniform Law Conference of Canada
- Past Chair, Business Section, Canadian Bar Association
- Past Chair, Business Section, Ontario Bar Association
- Fund raising for the United Way of Greater Toronto
Memberships
- Member, Canadian Bar Association
- Member, American Bar Association
- Member, Institute of Corporate Directors
Faculty Experience
- Lecturer for the Canadian Bar Association, the Law Society of Upper Canada, Osgoode Hall Law School and others on various business subjects
- Former Assistant Head of the Business Law Faculty for the Bar Admission Course, Ontario
Published Works
- Sale of a Business (Toronto: LexisNexis; 8th edition 2011)
- Sale of a Business (Toronto: LexisNexis; 7th edition 2008); this is also printed as part of Canadian Forms & Precedents loose leaf series with my bi annual updates
- Creditors’ Remedies in Ontario, with Meehan, Eugene; Byers, David R.; Conway, Thomas; Kincaid, Barbara; Simpson, William (Toronto: LexisNexis; 2nd edition in 2008); three of my chapters have been updated and printed as part of the loose leaf Canadian Forms & Precedents – Debtor and Creditor series with my bi annual updates.
- Canadian Commercial Law Guide, contributing author (CCH, loose-leaf); updated the Personal Property Security chapter in 2007 with my partner, Maxime Rheaume, who provided the civil law portions.
- Business Laws of Canada, 2009, 2010, 2011 editions, West Publishing, a Miller Thomson LLP project and I am the contributing author for the chapter on consumer laws of Canada
Representative Articles:
- “The Motor Vehicle Dealer Act, 2002: an act with national impact for the automotive industry”, Business Law Journal, May, 2009.
- “Section 347 of the Criminal Code of Canada: Business law Problems Remain”, proceedings of the Uniform Law Conference of Canada, Charlottetown, September 2007, www.ulcc.ca
- “Bill S-19: A Solution that Creates Problems”, Banking & Finance Law Review, February 2006, volume 21, no. 2
- “Uniform Commercial Law - an impossible dream?”, The Lawyers Weekly, (September 15, 2000)
- “The PPSA and Exemptions from Seizure”, CCH Commercial Times, June 2001, Issue #407
- Problems with Securing the Farm Loan”, National Creditor Debtor Review, June 2000, vol. 15, no. 2
- “RSLA Non-Possessory Liens: Problems from Practice”, CCH Commercial Times, Part 1 May 2000, Issue #394 and Part 2 July 2000, Issue # 396
- “What May the Landlord Seize?: After Starmark”, which appeared in both the CCH Commercial Times, January, 2000, Issue #390, and in Distress: A Commercial Landlord’s Remedy (Toronto: Canada Law Book Inc., 2000)
Papers:
- PPSA Practices for Insolvency Practitioners and the Status of its Legislation Reform in Ontario, The Canadian Institute's 8th Annual Advanced Insolvency Law & Practice, (January 17th, 2008)
- What You Need To Know About The Securities Transfer Act, (Toronto: June 7, 2006)
- It's Time To Repeal the Bulk Sales Act, (Toronto: May 16, 2005)
- Is It Too Late to Register? (Law Society of Upper Canada: March 31, 2005)
- Getting Your Security Registered...Correctly, (Toronto: 2005)
Editor:
- Imperfections, the newsletter for the Ontario Bar Association on secured transactions and Personal Property Security Act developments
Publications
- Pushing for Perfection by VINs Despite Debtor Name Issues, Banking and Finance Law Review, 2012
- Vehicle Identification Numbers versus Debtor Names: We Can Improve Accuracy for PPSA and RDPRM Computer Databases, Banking and Finance Law Review, 2012
- Personal Property Security Law Update, Financial Services & Insolvency Newsletter, August 2010
- Enforceability Opinions - the Ongoing Need for Indemnities, Business Law in Canada: Recent Developments, Spring 2010
- Credit Check, Leasing Times, July 2009
- The Motor Vehicle Dealer Act, 2002: an act with national impact for the automotive industry, Business Law Journal, 2009
- Ontario's Motor Vehicle Act, 2002- National Consequences for the Auto Industry as of April 1, 2009., Financial Services & Insolvency Newsletter, February 2009
- Business Laws of Canada, West (a Thomson Reuters business), 2009
- The Ontario Motor Vehicle Dealer Act, 2002 Will be in Force April 1, 2009, Financial Services & Insolvency Newsletter, September 2008
- PPSA Practices for Insolvency Practitioners and the Status of its Legislation Reform in Ontario, The Canadian Institute's 8th Annual Advanced Insolvency Law & Practice, 2008
- Section 347 of the Criminal Code of Canada: Business law Problems Remain, Uniform Law Conference of Canada, 2007
- Pending Amendments to the Ontario Personal Property Security Act ("PPSA"), Financial Services & Insolvency Newsletter, July 2007
- Pending Amendments To The Ontario PPSA, 2007
- PPSA Practices for Insolvency Practitioners and the Status of its Legislation Reform in Ontario, 2007
- Bill C-25: Amendments to the Proceeds of Crime (Money Laundering) and Terrorism Financing Act ("The Act"), Charities and Not-for-Profit Newsletter, November 2006
- What's New in Law?, 2006
- What You Need To Know About The Securities Transfer Act, (Toronto), 2006
- Bill S-19: A Solution that Creates Problems, Banking & Finance Law Review, volume 21, no. 2, 2006
- Disclosing the Cost of Credit, Consumer Leasing and Financing, 2005
- Consumer Cost of Credit Laws are Changing, Financial Services & Insolvency Newsletter, July 2005
- New Ontario Not-For-Profit Corporation Act Promised, Charities and Not-for-Profit Newsletter, July 2005
- Reported Cases, Financial Services & Insolvency Newsletter, July 2005
- Unreported Cases, Financial Services & Insolvency Newsletter, July 2005
- Ontario Consumer Protection Act, 2005
- It's Time To Repeal the Bulk Sales Act, 2005
- It's Time To Repeal the Bulk Sales Act, (Toronto), 2005
- Is It Too Late to Register?, Law Society of Upper Canada, 2005
- Is It Too Late to Register?, Law Society of Upper Canada, 2005
- Cost of Consumer Credit Reform in Canada: Not Uniform, Financial Services & Insolvency Newsletter, March 2005
- Getting Your Security Registered...Correctly, 2005
- Getting Your Security Registered...Correctly, (Toronto), 2005
- Due Diligence and Privacy Laws, Financial Services & Insolvency Newsletter, July 2004
- Privacy due deligence for the deal, 2004
- Three different regimes for PMSI procees, 2003
- How to secure security: letters of credit, guarantees, indemnities and PPSA security, 2003
- The PPSA and Exemptions from Seizure, CCH Commercial Times,Issue #407, 2001
- Babe's PPSA Commandments, Financial Services & Insolvency Newsletter, Winter 2000
- Uniform Commercial Law - an impossible dream?, The Lawyers Weekly, 2000
- Problems with Securing the Farm Loan, National Creditor Debtor Review, vol. 15, no. 2, 2000
- RSLA Non-Possessory Liens: Problems from Practice, CCH Commercial Times (Part 1 May 2000, Issue #394 and Part 2 July 2000, Issue # 396), 2000
- What May the Landlord Seize?: After Starmark, CCH Commercial Times, Issue #390, 2000
- What May the Landlord Seize?: After Starmark, Distress: A Commercial Landlord’s Remedy (Toronto: Canada Law Book Inc.), 2000
- Tips to Increase Accuracy, Financial Services & Insolvency Newsletter, Fall 1999
- Crown Priority Update, Financial Services & Insolvency Newsletter, Fall 1998
- PPSA Timing and Shared PMSIs, Financial Services & Insolvency Newsletter, Summer 1996
- The Ramifications of the OPSEU Strike for the PPSA and RSLA Computer System, Financial Services & Insolvency Newsletter, Spring 1996
Industry Expertise
Key Practice Expertise
Areas of Focus
- Automotive
- Agriculture
- Leasing
- Privacy and Information Protection
Year of Call
- Ontario Bar, 1982
