Malcolm is an associate in Osler’s Financial Services Group.
Malcolm’s practice involves advising lenders and borrowers on both domestic and cross-border financing matters, including acquisition financings, asset- based credit facilities, fund financings (including subscription credit facilities and NAV facilities), syndicated and bilateral loan transactions, project financing and securitizations.
He also practices in structured finance, advising a variety of market participants on derivatives transactions and derivatives regulatory matters.
Malcolm graduated from the J.D. program at Osgoode Hall Law School in 2018. He previously completed a degree in political science and Spanish at the University of Toronto. He speaks conversational Spanish.
Malcolm has also practiced as a finance associate at international law firms in New York and Chicago.
Representative Work
- Laurentian Bank
Laurentian Bank in its sale of its retail and SME banking portfolios to National Bank of Canada and acquisition by Fairstone Bank
- Paine Schwartz Partners–backed HGS BioScience
Paine Schwartz Partners–backed HGS BioScience in its acquisition of NutriAg
- Manulife Financial Corporation in its largest Canadian Universal Life reinsurance transaction valued at $5.8 billion
- NOVA Chemicals Corporation in its Offering of US$400 million Senior Secured Notes and its Offering of US$650 million of Senior Unsecured Notes
- The Senior Creditors to Connect 6ix General Partnership in connection with the $9 Billion Ontario Line Rolling Stock, Systems, Operations and Maintenance Project procured by Infrastructure Ontario and Metrolinx. The Senior Creditor Group represented by Osler included: (i) TD Securities Inc. and National Bank Financial Inc., in connection with an underwritten private placement of senior bonds issued by Connect 6ix; (ii) ATB Financial Inc., DZ Bank AG, Korea Development Bank, National Bank of Canada, The Norinchukin Bank and Sumitomo Mitsui Banking Corporation in connection with a revolving credit facility and associated hedging arrangements and (iii) Japan Bank for International Cooperation in connection with a term loan facility
*Notable matters prior to joining Osler, Hoskin & Harcourt LLP
- * North American Containerboard LP (“NAC”) in connection with its financing by a syndicate of lenders led by HSBC Bank Canada, as administrative agent, Toronto-Dominion Bank and Bank of Montreal, as co-green loan coordinators of a C$25 million revolving credit facility and a C$251 million non-revolving term credit facility, to be used in connection with, among other things, the construction of NAC’s 100% recycled containerboard paper mill in Whitby, Ontario. The financing was the first labelled “green loan” in Canadian history in compliance with the Loan Market Association’s Green Loan Principles Supporting Environmentally Sustainable Economic Activity
- * The lenders, agent, and lead arranger in connection with a US$280 million initial term loan facility and US$45 million delayed draw term loan facility to a provider of fibre optic network services, to be used to refinance certain existing indebtedness and for capital expenditures
- * The agent and lender in connection with a US$60 million first lien term loan facility and a US$15 million revolving credit facility to finance the acquisition of a provider of information technology audits, security, and compliance solutions by a private equity investor
- * BMO Nesbitt Burns Inc. in its conversion and merger of its TSX‐listed closed‐end investment funds into open‐end mutual funds
Laurentian Bank in its sale of its retail and SME banking portfolios to National Bank of Canada and acquisition by Fairstone Bank
Paine Schwartz Partners–backed HGS BioScience in its acquisition of NutriAg
- The Senior Creditors to Connect 6ix General Partnership in connection with the $9 Billion Ontario Line Rolling Stock, Systems, Operations and Maintenance Project procured by Infrastructure Ontario and Metrolinx. The Senior Creditor Group represented by Osler included: (i) TD Securities Inc. and National Bank Financial Inc., in connection with an underwritten private placement of senior bonds issued by Connect 6ix; (ii) ATB Financial Inc., DZ Bank AG, Korea Development Bank, National Bank of Canada, The Norinchukin Bank and Sumitomo Mitsui Banking Corporation in connection with a revolving credit facility and associated hedging arrangements and (iii) Japan Bank for International Cooperation in connection with a term loan facility
*Notable matters prior to joining Osler, Hoskin & Harcourt LLP
- * North American Containerboard LP (“NAC”) in connection with its financing by a syndicate of lenders led by HSBC Bank Canada, as administrative agent, Toronto-Dominion Bank and Bank of Montreal, as co-green loan coordinators of a C$25 million revolving credit facility and a C$251 million non-revolving term credit facility, to be used in connection with, among other things, the construction of NAC’s 100% recycled containerboard paper mill in Whitby, Ontario. The financing was the first labelled “green loan” in Canadian history in compliance with the Loan Market Association’s Green Loan Principles Supporting Environmentally Sustainable Economic Activity
- * The lenders, agent, and lead arranger in connection with a US$280 million initial term loan facility and US$45 million delayed draw term loan facility to a provider of fibre optic network services, to be used to refinance certain existing indebtedness and for capital expenditures
- * The agent and lender in connection with a US$60 million first lien term loan facility and a US$15 million revolving credit facility to finance the acquisition of a provider of information technology audits, security, and compliance solutions by a private equity investor
- * BMO Nesbitt Burns Inc. in its conversion and merger of its TSX‐listed closed‐end investment funds into open‐end mutual funds
Speaking and Writing
Published Work
- “Retail Investment Funds in Canada: Regulatory Overview”, Practical Law Global Guide 2021: Investment Funds, Thomson Reuters, June 2021 (Co-author).
- “Ontario Court of Appeal Clarifies Requirements for Foreclosure on Investment Property under the Personal Property Security Act”, Blog Post, May 2021 (Author).
- “CSA Provide Guidance to Investment Fund Managers on Effective Liquidity Risk Management”, Corporate Securities and Finance Law Report, LexisNexis, December 2020 (Author).
- “Establishing a Financial Institution in Canada: Questions and Answers”, Practical Law Country Q&A, Thomson Reuters, July 2020 (Contributor).
- “CSA Propose Reforms to Reduce Regulatory Burden for Investment Funds”, Blog Post, November 2019 (Co-Author).
Credentials
Education
Languages
- English
Professional Affiliations
- Canadian Bar Association
- Ontario Bar Association
- Law Society of Ontario
- New York State Bar Association
