NOS GENS

Neil Abbott is a partner in Gowlings’ Toronto office and the Toronto chair of the Firm's Recovery Services National Practice Group, and founding chair of the Firm's National Construction Practice Group.

Neil is an advocate in all courts in Ontario and, on occasion, in Nunavut. He divides his time equally as a litigator and solicitor with primary focus in the areas of consumer law; creditor’s rights and collections; secured transactions primarily related to truck, automotive and equipment financing; construction law and other liens; bankruptcy and insolvency; and civil fraud. He is also an expert in providing advice to Americans doing business in Canada.

In 2003, Neil was featured in the Ontario Lawyers Gazette as an outstanding mentor to his colleagues in the legal profession.

Consumer Law, Creditor’s Rights and Collections

Neil is an expert on all aspects of consumer law, including cost of credit disclosure, consumer protection, privacy, credit reporting and the rules and regulations respecting all of the foregoing especially the application of the New Ontario Consumer Protection Act . His clients include banks, institutional and private lenders, subprime, captive and independent finance companies, trade creditors, commercial enterprises, credit card companies, manufacturers, mortgagees and U.S. lenders.

Neil has also developed a Portfolio Overview and Regulatory Compliance (PORC) practice to provide advice to clients engaged in selling or purchasing a large portfolio of loans. Highlights of the PORC practice include travel to meet with key personnel and onsite vetting of loans for Regulatory Compliance, including a review of collection procedures, practices and litigation mandates, and preparation of a report of findings to be used in any bid for or tender of a portfolio.

Neil is an experienced practitioner in enforcing the rights of creditors as noted above. He handles both collections of entire portfolios, and individual claims. The claims process includes asset and skip tracing, credit searches, demand through to claim to realization and enforcement. Neil conducts judgment debtor examinations, issues garnishments and Sheriff’s seizures of personal and real property. His practice includes claims on guarantees, leases, conditional sales contracts, mortgages, inventory repossession, trade debts, cross-border debts, consumer debts, small business loans, priority disputes both between creditors and the Crown, including deemed trust super priority claims of Canada Revenue Agency.

Truck, Automotive and Equipment Finance

Neil primarily acts for secured lenders and lessors in this field. He has advised on lending and recovery of a wide variety of assets, including trucks, trailers, boats, cars, coaches and industrial and construction equipment. Neil provides advice on negotiation and drafting of all types of contracts, based on his many years of enforcing same. He has also litigated priority disputes, receiverships, government seizures and repossessions, Crown priority claims, repair and storage liens, repossessions, dealer defaults and exported collateral. Based on his experience in consumer law, he is also able to provide advice on the entire credit process, including privacy protection and disclosure requirements.

Neil also handles disciplinary proceedings for auto dealers before the Ontario Motor Vehicle Industry Council (OMVIC) as well as drafts contracts such as leases and sales agreements compliant with the Ontario Motor Vehicle Dealers Act.

Construction Law and Other Liens

Neil's expertise includes negotiating and drafting construction contracts, tenders and bidding, enforcement and prosecution of liens, including trial of actions across the province. Neil provides construction management advice, which includes termination of contracts and retention of completion contractors. He has litigated claims on labour and material payment bonds, performance bonds and bid bonds. He has assumed construction liens in the course of receiverships and regularly provides advice to lenders on the priority between lien claimants and mortgagees. Neil is also an expert in dealing with deficiency and warranty claims for both commercial and residential properties.

Neil is the legal education advisor for the Canadian Geotechnical Engineers Association and has developed a practice in construction and geotechnical issues such as building on permafrost in Northern regions, including the conduct of a trial in Nunavut.

In addition to providing advice on construction liens, Neil has acted with respect to most other liens, including tax, solicitors’, common carriers’, Repair and Storage and livery-keepers’ liens under the Innkeepers’ Act, including the liens of horse trainers for stable fees and for unpaid race/purse winnings (Re Atto).

Neil is also a member of the Canadian Brownfields Network and an invitation-only participant in the National Roundtable on the Environment and the Economy, particularly in developing policy for the removal of tax liens and the financing of improvements to environmentally damaged properties.

Bankruptcy and Insolvency

Neil's experience in bankruptcy and insolvency law covers a wide range of activities, including commercial and consumer bankruptcies, reorganizations, receiverships, Companies’ Creditors Arrangement Act (CCAA) filings and proposals. He has acted for both secured and unsecured creditors, institutional and private lenders, trustees and receivers, lien claimants and, from time to time, the debtor. Neil provides advice with respect to both pre-bankruptcy and post-bankruptcy asset recovery and/or protection. He has conducted many cross-examinations under the various insolvency Acts, opposed discharges and obtained declarations to commence and continue actions and to have claims survive a bankruptcy.

Civil Fraud

Neil is a founding member of the Gowlings Civil Fraud team. He has prosecuted fraudulent claims in areas such as forgery, fraudulent conveyance, absconding debtors, misrepresentation of credit, identity theft, mortgage fraud, negotiation of fraudulent instruments, cheque kiting, “pump and dump” and telemarketing scams. He has acted for a number of regulatory bodies, institutional lenders and small businesses. Neil has contacts in the police and Crown, as well as relationships with forensic accountants, receivers and trustees.