This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Pamela McGovern is a Moderator and Panellist at a Conference on Construction
Pamela McGovern will participate as a moderator and panellist at the second Conférence avancée sur la gestion des litiges dans le domaine de la construction [second advanced conference on managing construction litigation issues] organized by the Canadian Institute and to be held on May 23rd and 24th. She will take part in a panel discussion entitled “ discussion stratégique “ [strategic discussion] during which the speakers will exchange views on the best strategies to adopt in order to avoid adverse impacts of a stakeholder’s bankruptcy or insolvency at any phase of a construction project.
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Daniel Alain Dagenais is a Co-organizer of an International Conference
Daniel Alain Dagenais is involved in the organization of an international conference on sustainable consumption to be held in Montreal on October 3rd and 4th. The conference will take place under the leadership of the Fondation Claude Masse, of which he is a director.The foundation’s mission is to support research and the dissemination of knowledge in the fields of law, economics and other fields concerned with consumer affairs and the functioning of markets. The foundation also aims to promote the development of, and compliance with, legislation in the areas of consumer affairs, competition and market operations.
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Lavery, de Billy is Proud to be a Partner of the Fédération des Chambres de commerce du Québec
Lavery, de Billy is pleased to become associated with the Fédération des Chambres de commerce du Québec in the production of its Fiche juridique newsletter, which is distributed to its members via its Commerce magazine. Luc Thibaudeau is the author of our first Fiche juridique, which deals with litigation issues involving electronic commerce.
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Spectra/Premium Industries Inc. Completes privatization
Spectra/Premium Industries Inc., a leader in the manufacture of fuel tanks and related components for the automobile and light-truck aftermarkets, was privatized in a $94 million management buy-out transaction. This transaction consisted of the merger of this manufacturing company with 6651399 Canada Inc., a newly incorporated company controlled by Spectra’s senior management and a group of institutional investors. Pursuant to the merger, the shareholders of Spectra received $2.85 in cash for each share held. Senior management was represented by René Branchaud, Luc Pariseau, Philippe Asselin, Richard Burgos, Isabelle Lamarre and Benoît Mallette, from Lavery, de Billy.
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Metro prevails in Superior Court
Our client Metro, a major player in the Quebec retail food industry, secured an important victory in a judicial review case in Superior Court.Everything began in October 2004 when commissioner Pierre Cloutier, of the Commission des relations du travail (CRT) allowed a motion filed by Lavery, de Billy on behalf of Metro asking that no driver be physically transferred from the Mérite 1 warehouse to the Pierre-de-Coubertin warehouse, which had been acquired through a 1992 transaction to which Steinberg was a party. The CSN was seeking the physical transfer of 19 drivers.In March 2005, the CRT had allowed a motion for review and set aside the decision of commissioner Cloutier. ruling that it was “defective in substance”. A year later, the Superior Court allowed the application for judicial review filed by Metro on the grounds that the CRT had acted unreasonably in finding the decision rendered by commissioner Cloutier defective in substance.On January 11, the Court of Appeal dismissed the appeal of the CSN and upheld the judgment of the Superior Court. The initial decision of commissioner Cloutier has thus been reinstated. Pierre Beaudoin and Ève Beaudet advised Metro in this matter.
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A committee of the Quebec Bar invites one of our lawyer to join
Véronique Morin accepted the invitation of the labour law committee of the Quebec Bar to participate in its deliberations. The mandate of the committee is to analyze labour law legislation and make recommendations. The works of the committee must be ratified by the Administrative Committee and thereafter becomes the position of the Bar.
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The 2007 Lexpert/American Lawyer Guide unveils its Leading 500 Lawyers in Canada
Several lawyers of our firm are named in The 2007 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. As its name indicates, this publication is the result of a partnership between a Canadian publication, Lexpert, and a U.S. publication, American Lawyer. The following Lavery, de Billy lawyers are named:Pierre L. Baribeau in labour law, Pierre Cantin, Jean-Pierre Casavant and Robert W. Mason in product liability, J. Vincent O’Donnell in commercial litigation, professional liability and product liability and Michel Yergeau in environmental law.
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Canadian HR Reporter unveils its listings in employment law
Pierre L. Baribeau and Guy Lemay are named in the Canadian HR Reporter publication entitled Canada’s Employment Lawyers Directory. The publication lists Canadian lawyers who practice in labour law.
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Two partners of the firm to provide training to ADMQ members
Two partners of the firm will provide training for the Association des directeurs municipaux du Québec. The training sessions will be held from February 28 to June 7, 2007 and will be held in several cities in Quebec.Daniel Bouchard will conduct a workshop entitled “ Accès aux documents municipaux : rappels et nouveautés” [Access to municipal documents: reminders and new developments]. The workshop will deal with Bill 86 entitled An Act to amend the Act respecting Access to documents held by public bodies and the Protection of personal information and other legislative provisions, which came into force on June 14, 2006.Marie-Claude Perreault will conduct a training session entitled “Actualités en relations de travail” [Latest developments in labour relations]. This training session will deal with current high-profile issues such as psychological harassment, the duty of accommodation, disciplinary measures and the preparation of litigation before any type of tribunal.
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Quebec Bar to organize a workshop on class actions
With the collaboration of our partner, Jean Saint-Onge, the continuing professional education department of the Quebec Bar will again offer its members a thematic workshop. To be held on October 25 and 26, the workshop will be entitled “Recours collectif: Développements récents au Québec, au Canada, aux États-Unis et en Europe” [Class actions: recent developments in Quebec, Canada, the United States and Europe]. Mr. Saint-Onge chairs the class actions committee of the Quebec Bar.
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The Fondation Jean Lapointe has a new chairman
André Champagne was appointed Chairman of the Board of the Fondation Jean Lapointe at the meeting of its Board held on January 26, 2007. The purpose of the foundation is to raise funds for the Maison Jean Lapointe, which is a rehabilitation centre for alcoholics, drug addicts and compulsive gamblers. In addition to his new functions, Mr. Champagne will continue to act as Secretary of the Board of Directors of the Maison Jean Lapointe.
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The Superior Court denies authorization to institute a class action against three of our clients
Our firm was recently successful in defending against a class action. After a four-day hearing on the motion for authorization, Judge Pierre Isabelle, of the Superior Court of Quebec, denied authorization to institute a class action against our clients James MacLaren Industries Inc., Brascan Power Services Inc. and Nexfor Inc.The class action was initiated on behalf of the riparian owners along the Rivière du Lièvre affected by the water level of the Rapides des Cèdres impounding dam in the Outaouais region.The Superior Court confirmed that our clients were neither the owners nor the managers of the impounding dam, their role being limited to making use of the hydraulic forces of the river to generate power.The class action was authorized against the Attorney General of Quebec, as the owner and manager of the impounding dam, but was denied against the Attorney General of Canada.Michel Yergeau and Jean Saint-Onge were in charge of the matter for our clients. They were assisted by Jean-Philippe Lincourt in the preparation of the case and at the hearing.