This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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The 2018 The Best Lawyers in Canada recognize 42 lawyers of Lavery
Lavery is pleased to announce that 42 of the firm’s lawyers have been recognized as leading lawyers in Canada in their respective practice areas in the 2018 edition of The Best Lawyers in Canada. "The ranking of our partners among the most influential lawyers in their fields confirms our leadership role as the largest independent law firm in Quebec. The fact that they put their clients and partners at the heart of their practice gives them the necessary agility and audacity to excel in our market. Congratulations to all!", stated Anik Trudel, Chief Executive Officer. Five lawyers among the Lavery lawyers recommended in this edition have been honoured for the first time: Josianne Beaudry, Norman A. Dionne, Nadine Landry, François Renaud and Yanick Vlasak. Below is a complete list of Lavery lawyers and their field(s) of expertise. Note that the practice areas reflect those in Best Lawyers. Pierre-L. Baribeau : Labour and Employment Law Josianne Beaudry : Mining Law René Branchaud : Mining Law / Natural Resources Law / Securities Law Jules Brière, Ad. E.. : Administrative and Public Law / Health Care Law Richard Burgos : Corporate Law Marie-Claude Cantin : Construction Law / Insurance Law Louis Charette : Aviation Law / Product Liability Law / Transportation Law Eugène Czolij : Corporate and Commercial Litigation / Insolvency and Financial Restructuring Law Pierre Denis : Equipment Finance Law Norman A. Dionne : Entertainment Law Raymond Doray, Ad. E. : Administrative and Public Law Louis-Martin Dubé : Real Estate Law Nicolas Gagnon : Construction Law Michel Gélinas : Labour and Employment Law Caroline Harnois : Family Law Jean Hébert : Insurance Law Richard A. Hinse : Corporate and Commercial Litigation Pierre Marc Johnson, Ad. E, G.O.Q., MSRC : International Arbitration Bernard Larocque : Class Action Litigation / Insurance Law Nadine Landry : Immigration Law Guy Lavoie, CIRC : Labour and Employment Law / Workers’ Compensation Law Jean Legault : Banking and Finance Law / Insolvency and Financial Restructuring Law Guy Lemay, CIRC : Class Action Litigation / Labour and Employment Law Jean Martel, Ad. E. : Corporate Governance Practice / Private Funds Law Patrick A. Molinari, Ad.E., MSRC : Health Care Law Philip Nolan : Tax Law François Parent : Employee Benefits Law Luc Pariseau : Tax Law Jacques Paul-Hus : Mergers & Acquisitions Law Louis Payette, Ad. E. : Banking and Finance Law Élisabeth Pinard : Family Law Sylvain Poirier : Health Care Law François Renaud : Banking and Finance Law Marc Rochefort : Securities Law Ian Rose : Director and Officer Liability Practice / Insurance Law Raphaël H. Schachter , c.r., Ad. E. : Criminal Defence Jean-Yves Simard : Corporate and Commercial Litigation / Insolvency and Financial Restructuring Law Gerald Stotland : Family Law Philippe Tremblay : Construction Law Jean-Philippe Turgeon : Franchise Law André Vautour : Corporate Law / Information Technology Law / Intellectual Property Law / Private Funds Law / Technology Law Yanick Vlasak : Corporate and Commercial Litigation For more information, please consult the Best Lawyers website.
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Lavery represents the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada
On January 18, 2016, Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law and Constitutional Law group, represented the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of the Act to Amend the Courts of Justice Act and Other Legislative Provisions as regards the Status of Justices of the Peace (“Act regarding the Status of Justices of the Peace”) which allowed the government, notably, to unilaterally determine the starting treatment and work conditions of the justices of the peace, without having recourse to a remuneration commission. In an important judgment rendered on October 14, 2016, the Supreme Court of Canada declared that since sections 27, 30 and 32 of the Act regarding the Status of Justices of the Peace did not provide for a retroactive committee review of the starting treatment of the members of a new judicial office created within a reasonable time, these sections infringe the institutional financial security guarantee of judicial independence, and are thus contrary to the Canadian Charter of Rights and Freedoms (“Charter”) and to the Constitution Act, 1867. This infringement of judicial independence is not justified under section 1 of the Charter, because there is no evidence of a dire and exceptional financial emergency. Therefore, sections 27, 30 and 32 are unconstitutional. Mes Guillaume Laberge and Laurence Bich-Carrière also assisted in the preparation of this case. To see the judgment of the Supreme Court of Canada, click here.
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41 Lavery lawyers named in the 2017 The Best Lawyers in Canada
Lavery is pleased to announce that 41 of the firm’s lawyers have been recognized as leading lawyers in Canada in their respective practice areas in the 2017 edition of The Best Lawyers in Canada. “This recognition attests to the expertise, quality of work and dedication of these lawyers and the entire Lavery team. I would like to congratulate our 41 colleagues for their contribution to the success of our clients and the development of our services”, said Don McCarty, Lavery’s managing partner. Two lawyers among the Lavery lawyers recommended in this edition have been honoured for the first time: Caroline Harnois and Jean-Philippe Turgeon. Below is a complete list of Lavery lawyers and their field(s) of expertise. Note that the practice areas reflect those in Best Lawyers. 1. Pierre-L. Baribeau Labour and Employment Law 2. René Branchaud Mining LawNatural Resources Law 3. Jules Brière, Ad. E. Administrative and Public LawHealth Care Law 4. Richard Burgos Corporate Law 5. Marie-Claude Cantin Insurance Law 6. Louis Charette Aviation LawProduct Liability LawTransportation Law 7. Eugène Czolij Corporate and Commercial LitigationInsolvency and Financial Restructuring Law 8. Pierre Denis Equipment Finance Law 9. Raymond Doray, Ad. E. Administrative and Public Law 10. Louis-Martin Dubé Real Estate Law 11. Josée Dumoulin Employee Benefits Law 12. Nicolas Gagnon Construction Law 13. Michel Gélinas Labour and Employment Law 14. Marie-Andrée Gravel Mergers & Acquisitions Law 15. Caroline Harnois Family Law 16. Jean Hébert Insurance Law 17. Richard A. Hinse Corporate and Commercial Litigation 18. Pierre Marc Johnson, G.O.Q., MSRC International Arbitration 19. Bernard Larocque Class Action Litigation/Insurance Law 20. Guy Lavoie, CRIA Labour and Employment Law/Workers’ Compensation Law 21. Jean Legault Banking and Finance Law/Insolvency and Financial Restructuring Law 22. Guy Lemay, CRIA Class Action Litigation/Labour and Employment Law 23. Jean Martel, Ad. E. Corporate Governance Practice/Private Funds Law 24. Patrick A. Molinari, Ad.E., MSRC Health Care Law 25. Philip Nolan Tax Law 26. François Parent Employee Benefits Law 27. Luc Pariseau Tax Law 28. Jacques Paul-Hus Mergers & Acquisitions Law 29. Louis Payette, Ad. E. Banking and Finance Law 30. Élisabeth Pinard Family Law 31. Sylvain Poirier Health Care Law 32. Marc Rochefort Securities Law 33. Louis Rochette, Adm.A. Health Care Law 34. Ian Rose Director and Officer Liability Practice/Insurance Law 35. Jean Saint-Onge, Ad. E. Bet-the-Company LitigationClass Action Litigation 36. Raphaël H. Schachter , c.r., Ad. E. Criminal Defence 37. Jean-Yves Simard Corporate and Commercial Litigation/Insolvency and Financial Restructuring Law 38. Gerald Stotland Family Law 39. Philippe Tremblay Construction Law 40. Jean-Philippe Turgeon Franchise Law 41. André Vautour Corporate Law/Information Technology Law/Private Funds Law/Technology Law For more information, please consult the Best Lawyers website.
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Victory for Lavery at the Supreme Court on behalf of the Chambre des notaires du Québec
In an important judgment rendered on June 3, 2016, the Supreme Court of Canada declared certain provisions of the Income Tax Act (ITA), which allowed the Minister of National Revenue to require notaries or lawyers to provide documents or information which could be useful for the application or enforcement of the ITA and which excluded their accounting records from the protection of the duty of professional secrecy of legal advisers, to be unconstitutional. The Court concluded that several deficiencies caused the requirements sent to notaries or lawyers to be unreasonable and contrary to s. 8 of the Canadian Charter of Rights and Freedoms. It also concluded that the exception to the professional secrecy set out at s. 232(1) of the ITA is unconstitutional and of no force or effect with respect to notaries and lawyers. Raymond Doray and Loïc Berdnikoff, two partners practising administrative and constitutional law at Lavery, represented the Chambre des notaires du Québec before the country’s highest court. Guillaume Laberge and Laurence Bich-Carrière also assisted in the preparation of this case. To see the judgment of the Supreme Court of Canada, click here.
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Corporate and business integrity: a conference organized by Lavery for Quebec’s business community
On May 5, Lavery’s Integrity group hosted a business breakfast on issues related to corporate and business integrity. Attendees learned about integrity-related issues to be prioritized, specific ways to identify the internal and external risks facing them, and proven ways to manage those risks. A portion of the discussion also dealt with actions to take in case of a police search and seizure operation and media crisis management. This conference was lead by Marie Cossette, Lavery’s partner heading the Corporate and business integrity group. The following partners were also invited to speak: André Vautour and André Laurin, business law, Raymond Doray, administrative law, Philippe Frère, administrative and regulatory law litigation, and Isabelle Briand, criminal and penal law.
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Lavery represents the Conférence des juges de paix magistrats du Québec before the Supreme Court of Canada
On January 18, 2016, Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law group, represented the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of the Act to Amend the Courts of Justice Act and Other Legislative Provisions as regards the Status of Justices of the Peace which allowed the government, notably, to unilaterally determine the treatment and work conditions of the justices of the peace, without having recourse to a remuneration commission. According to the Conférence, the provisions in question, in that they apply to judges, violate the guarantees of judicial independence provided in the preamble of the Constitutional Act of 1867and under section 11d) of the Canadian Charter of Rights and Freedoms. The court reserved its decision. To read a summary of the case, please click here.
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Lavery in Lexpert Top 10 business cases of 2015
In its January 2016 edition, Lexpert magazine ranks the Canada (Attorney General) v. Federation of Law Societies of Canada case second in its list of the Top 10 business cases of 2015. Lavery wishes to extend its heartiest congratulations to Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law group, who argued the case of behalf of the interveners the Barreau du Québec and the Chambre des notaires du Québec. Mr. Guillaume Laberge assisted them in their preparation. In its ruling, the country’s highest court concluded that certain sections of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and of its regulation violate sections 7 and 8 of the Canadian Charter of Rights and Freedoms and cannot be saved by section 1. Raymond Doray Loïc Berdnikoff Guillaume Laberge
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Application for authorization to submit a class action against the Commission de la construction du Québec represented by Lavery rejected
On January 7, 2016, the Superior Court of Quebec refused to grant an authorization to submit a class action on behalf of the linemen having worked for a federal undertaking and who, since the establishment of the Commission de la construction du Québec ("CCQ"), paid different assessments and contributions under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry, CQLR c. R-20. The representative of the proposed group requested, amongst other conclusions, the reimbursement of the assessments deducted by the CCQ. In Caron c. Fraternité provinciale des ouvriers en électricité-section locale 1676, 2016 QCCS 25, justice Chantal Lamarche, j.s.c. found that the conditions for the exercise of a class action were not met. More specifically, she rejected the application for authorisation because of the complexity of the evidence which would have to be administered to determine if the employers of the members of the proposed group were under federal or provincial jurisdiction and because the refund of the assessments raised issues that were not common to all members of the group. Lavery has successfully represented the CCQ against who the application for authorization to submit a class action was specifically directed. The team was composed of Mr. Raymond Doray, Ad.E. and Mr. Bernard Larocque assisted by Mr. Guillaume Laberge. Raymond Doray Bernard Larocque Guillaume Laberge
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Lavery represents the Chambre des notaires du Québec before the Supreme Court of Canada
On November 3, 2015, Raymond Doray, Ad. E., and Loïc Berdnikoff represented the Chambre des notaires du Québec before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of theIncome Tax Act (ITA) which authorize the Minister of National Revenue, by means of a simple letter, to require that any person provide information or documents that might be of assistance in the administration or enforcement of the ITA, including lawyers and notaries. According to the Chambre, the provisions in question, when applied to a notary, violate the right to “solicitor-client privilege” and restrict the freedom of notaries in a manner that is not in accordance with the principle of fundamental justice relating to the legal counsel’s duty of committed representation. Mr. Guillaume Laberge and Ms. Laurence Bich-Carrière actively took part in the preparation of this case. To read a summary of the case, please click here.
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45 Lavery lawyers included in the 2016 edition of The Best Lawyers in Canada
Lavery is pleased to announce that 45 of the firm’s lawyers have been listed as leading Canadian practitioners in their respective areas of expertise in The Best Lawyers in Canada 2016. "We are delighted that 45 lawyers of our firm are included in the 2016 edition of this prestigious directory. This recognition acknowledges the expertise, quality of work and dedication of these lawyers and the entire Lavery team. I would like to congratulate our 45 colleagues who have been singled out for their contribution to our clients’ success and the development of our service offering", said Don McCarty, Lavery’s Managing Partner. Among the Lavery lawyers listed in The Best Lawyers in Canada 2016, Richard Burgos, Jules Brière, Richard A. Hinse, Jean Legault, Jean Martel and Sylvain Poirier are first-time honourees. The following lists the names of all Lavery lawyers included in the directory as well as their practice area(s): 1. Pierre-L. Baribeau Labour and Employment Law 2. Yvan Biron Environmental Law 3. Michel Blouin Natural Resources Law 4. René Branchaud Natural Resources Law 5. Jules Brière, Ad. E. Health Care Law 6. Richard Burgos Corporate Law 7. Marie-Claude Cantin Insurance Law 8. Louis Charette Aviation Law; Product Liability Law; Transportation Law 9. Gérard Coulombe, c.r., Ad. E. Corporate Law 10. Eugène Czolij Corporate and Commercial Litigation; Insolvency and Financial Restructuring 11. Pierre Denis Equipment Finance Law 12. Raymond Doray, Ad. E. Administrative and Public Law 13. Louis-Martin Dubé Real Estate Law 14. Josée Dumoulin Employee Benefits Law 15. Nicolas Gagnon Construction Law 16. Michel Gélinas Labour and Employment Law 17. Marie-Andrée Gravel Mergers & Acquisitions Law 18. Jean Hébert Insurance Law 19. Richard A. Hinse Corporate and Commercial Litigation 20. Odette Jobin-Laberge, Ad. E. Insurance Law 21. Pierre Marc Johnson International Arbitration 22. Bernard Larocque Class Action Litigation; Insurance Law 23. Guy Lavoie Labour and Employment Law; Workers’ Compensation Law 24. Jean Legault Banking and Finance Law; Insolvency and Financial Restructuring Law 25. Guy Lemay Labour and Employment Law; Class Action Litigation 26. Jean Martel, Ad. E. Corporate Governance Practice 27. Robert W. Mason Director and Officer Liability; Insurance Law; Personal Injury Litigation; Product Liability Law 28. Patrick A. Molinari Health Care Law 29. Philip Nolan Tax Law 30. François Parent Employee Benefit Law 31. Luc Pariseau Tax Law 32. Jacques Paul-Hus Mergers & Acquisitions Law 33. Louis Payette, Ad. E. Banking and Finance 34. Jacques Perron Transportation Law 35. Élisabeth Pinard Family Law 36. Sylvain Poirier Health Care Law 37. Marc Rochefort Securities Law 38. Louis Rochette Health Care Law 39. Ian Rose Director and Officer Liability, Insurance Law 40. Jean Saint-Onge, Ad. E. Class Action Litigation 41. Raphaël H. Schachter, c.r., Ad. E. Criminal Defense 42. Jean-Yves Simard Corporate and Commercial Litigation; Insolvency and Financial Restructuring 43. Gerald Stotland Family Law 44. Philippe Tremblay Construction Law 45. André Vautour Corporate Law, Information Technology Law; Technology Law For more information, please visit the Best Lawyers’ website at www.bestlawyers.com.
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Victory for Lavery’s client, the Chambre de la sécurité financière, before the Superior Court
In a decision rendered on May 4, 2015 (2015 QCCS 1890), the Superior Court of Quebec confirmed the prerogative of the syndic of the Chambre de la sécurité financière (CSF), in demanding and obtaining the information it deems necessary in order to investigate the activities of Mutual Fund Dealer Representatives (MFDR) registered with a bank’s brokerage subsidiary. Mr. Raymond Doray, Ad. E., and Mr. Loïc Berdnikoff, Administrative Law partners at Lavery, argued the case for the CSF. According to justice Louis Lacoursière, the Act respecting the Distribution of Financial Products and Services (ADFPS) allows the CSF’s syndic to obtain documents and information from anyone in the course of an investigation, without regard to the fact that this person is a bank whose employees work part-time as MFDR. That applies, all the more so, when the bank, not its brokerage subsidiary, is in sole possession of the documents and information. Furthermore, the Court found that when circumstances where the integrity, honor and dignity of the bank’s MFDR are concerned, the syndic has the right to have produced confidential documents and information, even if they’re related to core banking activities, as opposed to activities regarding collective investment. The CSF’s role of protecting the public requires, according to the tribunal, a flexible interpretation of the syndic’s powers under the ADFPS. This represents an important victory for the self-regulation of an industry which has many important Lavery clients.
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Judgement of the Supreme Court of Canada in regards to professional secrecy – another victory for Lavery!
On February 13, 2015, the Supreme Court of Canada rendered an important decision stating that several sections from the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and from its regulationviolate sections 7 and 8 of the Canadian Charter of Rights and Freedom, without being justified under section 1 of that same Charter. Mr. Raymond Doray, Ad. E., and Mr. Loïc Berdnikoff, Administrative Law partners at Lavery, with the help of Mr. Guillaume Laberge, represented the Barreau du Québec and the Chambre des notaires before Canada’s highest court, where they argued that lawyers and notaries should be exempted from provisions which, among other things, infringed on the attorney-client privilege, the duty of loyalty to each client and the independence of the Bar. To read the judgment of the Supreme Court of Canada, please click here. Raymond Doray, Loïc Berdnikoff and Guillaume Laberge