This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Jean Martel on the cover page of the July/August issue of Lexpert
Mr. Jean Martel, Ad. E., a Business Law partner at Lavery, appears on the cover of the July/August issue of Lexpert magazine, which includes an article about the growing importance of lawyers specialized in financial regulation.This article argues that it is not the issues related to mergers and acquisitions per se that can make or break a transaction but rather the regulatory risks involved. Therefore the advice of lawyers specialized in financial regulation like Jean Martel is now of paramount importance to ensure the success of any transaction, especially when dealing with heavily regulated industries.For more information, click here.
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A Lavery client wins a federal labour and employment law case
Lavery is pleased about a decision rendered on July 3, 2013 by the Canada Industrial Relations Board (CIRB), which ruled in favour of its client, Shoppers Drug Mart Inc. as well as Pharmaprix franchisees and Canada Post Corporation, by dismissing an application for certification filed by the Canadian Union of Postal Workers. Mr. Guy Lemay, Ms. Josianne L’Heureux and Mr. Guy Lavoie, Labour and Employment Law partners at Lavery, played a key role in this victory.The Canadian Union of Postal Workers had filed an application for certification for the purpose of representing the employees working in postal outlets located in the retail premises of Pharmaprix franchisees.The CIRB concluded that the true employer of the employees who were the subject of the application for certification was the franchisee of each Pharmaprix establishment named in the application, and not the Canada Post Corporation since the franchisees met all the requirements of an employer.The CIRB was also of the view that it lacked the constitutional jurisdiction to rule on the application for certification of the union since although the operations carried out in postal outlets may be considered as forming an integral part of the service offered by Canada Post Corporation, which is under federal jurisdiction, Pharmaprix franchisees remain under provincial jurisdiction since (i) the services offered at postal outlets do not represent a significant part of Pharmaprix franchisees’ activities and (ii) that such services form an integral part of their retail mission.As the period for appealing is not yet expired, we invite you to follow the evolution of this decision on our website.
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Katia Opalka, an expert in environmental and Aboriginal law, joins Lavery
Lavery is pleased to announce that Katia Opalka, a corporate lawyer specialized in environmental and Aboriginal law, has joined the firm as a partner in our Montreal office.Ms. Opalka completed studies in Canadian history, civil law and common law at McGill University before beginning her career as a member of the national environmental law group in a major Canadian firm in 1998. Since then she has acquired extensive experience in both the private and public sectors, as an adviser to industry and an expert on environmental law enforcement. Between 2001 and 2008 she served as the Canadian legal officer for the NAFTA Commission for Environmental Cooperation (CEC). There she worked in English, French and Spanish and gained a valuable understanding of environmental law enforcement policy and practice in Canada, the U.S. and Mexico.Ms. Opalka helps clients identify and manage environmental and Aboriginal legal risks that can slow down or block project approval or materially affect the business condition of a company. In addition to her in-depth knowledge of Quebec environmental law, she brings to the table extensive expertise regarding federal jurisdiction over the environment, including species at risk, migratory birds, fisheries, and the duty to consult. Her experience covers the spectrum from natural resources through energy to manufacturing, and includes government and public relations, environmental assessments, class actions, contaminated sites and waste management.Ms. Opalka is an Adjunct Professor at the McGill School of Environment and a member of the Quebec and National Divisions of the Canadian Bar Association Section of Environment, Energy and Natural Resources. She has published widely on environmental law matters and is a frequent speaker at commercial conferences.“Lavery is very pleased that Katia Opalka has joined our firm. She is a valuable addition to our environment, energy and natural resources team. Her expertise and her many contacts in other markets will contribute to consolidating our position as the go to business law firm in Quebec”, said Don McCarty, Managing Partner of the firm.
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Lavery represents Industrial Alliance in a $237.3 million bought deal financing
On February 27, 2013, Industrial Alliance Insurance and Financial Services Inc. completed a bought deal financing pursuant to which it issued 6,330,000 Common Shares at a price of $37.50 per Common Share for total aggregate gross proceeds of approximately $237.3 million. The net proceeds of this offering will be used to redeem all of the outstanding 8.25% subordinated debentures due March 27, 2019 with a nominal value of $100 million and to redeem all of the Industrial Alliance Trust Securities – Series A (IATS) with a nominal value of $150 million. The Common Shares were sold to a syndicate of underwriters co-led by National Bank Financial Inc. and BMO Nesbitt Burns Inc. and including RBC Dominion Securities, Scotia Capital Inc., CIBC World Markets Inc., TD Securities Inc., Desjardins Securities Inc. and Industrial Alliance Securities Inc. Industrial Alliance was represented in-house by Douglas Carrothers, Vice-President, Legal Services and Corporate Secretary and Jennifer Dibblee, Director, Corporate Affairs, Legal Department; and by a team from Lavery consisting of Marc Rochefort, Michel Servant, Guillaume Lavoie and Geneviève Fournier (corporate and securities), and Philip Nolan (tax).Founded in 1892, Industrial Alliance Insurance and Financial Services Inc. is a life and health insurance company with operations in all regions of Canada as well as in the United States.
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Louis Payette recognized as leading corporate lawyer and Jean-Sébastien Desroches as lawyer to watch
Lavery is pleased to announce that Mr. Louis Payette, Ad. E., a Business Law partner at Lavery, is recognized as a leading corporate lawyer for his expertise in banking in the 2013 issue of Lexpert’s directory, Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada.In the same edition of this publication, Mr. Jean-Sébastien Desroches, a Business Law partner at Lavery, is considered a “Corporate Lawyer to Watch”. It is worth mentioning that lawyers are chosen based on individual results through Lexpert’s peer review survey.
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Jean-Yves Simard, speaker before the members of an American association of commercial credit professionals
Mr. Jean-Yves Simard, a Litigation partner at Lavery, gave a conference in Quebec City on June 20, 2013 before the members of the National Association of Credit Management (NACM) Midwest, an important trade association of commercial credit professionals.In his conference, Mr. Simard gave NACM Midwest members an overview of various bankruptcy and insolvency issues in Canada, such as the applicable laws and regulations, the main stakeholders as well as the current case law.
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An important victory for a Lavery client before the superior court in a case involving directors' and officers' liability insurance
In a decision rendered on June 21, 2013, the Superior Court of Québec agreed with Lavery in a case involving its client, AXA Insurance (now Intact Insurance). The case dealt with damages brought against AXA as insurer for the directors and officers of a large condominium corporation. Mr. Jonathan Lacoste-Jobin, a Litigation associate at Lavery, argued this case.The appeal also included important requests for injunctive relief, which were all rejected by Justice Danielle Turcotte in a judgment delivered from the bench after four (4) days of trial. This decision recognizes the firm’s expertise with respect to directors’ and officers’ liability insurance.
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17 Lavery partners ranked in the 2013 edition of the Canadian Legal Lexpert Directory
Lavery is pleased to announce that 17 partners of the firm are ranked among the most recommended lawyers in Canada in their respective practice areas in the 2013 edition of Thomson Carswell’s Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory is the most comprehensive publication to legal talent in the country. It is a reference guide for Canadian and U.S. corporate counsel and law firms in need of specialized legal services. The 2013 edition of the Canadian Legal Lexpert Directory identifies the best lawyers in 64 practice areas based on the results of a thorough annual peer-review survey completed by more than a thousand respected legal professionals and a wide range of well-informed clients. Lavery lawyers are recommended in a vast array of fields, including banking, asset finance, mining law, directors’ and officers’ liability, mergers and acquisitions, employment law and labour relations, class actions, construction law, medical negligence, family law, and commercial insurance litigation. "In the 2013 edition of this legal directory, 17 Lavery partners were recognized for their first-rate expertise. I congratulate our 17 colleagues for this recognition and for their continued commitment to serving the needs of our clients", said Don McCarty, Lavery’s Managing Partner. The following Lavery partners are listed in the 2013 edition of the Canadian Legal Lexpert Directory : Marie-Claude Armstrong – Family Law Pierre-L. Baribeau - Employment Law and Labour Relations Michel Blouin - Mining René Branchaud – Mining Gérard Coulombe, Q.C., Ad. E. – Corporate Commercial Law, Mergers & Acquisitions Pierre Denis - Asset Equipment Finance/Leasing Josée Dumoulin* - Pension plans Nicolas Gagnon - Construction Law Jean Hébert - Litigation – Commercial Insurance Odette Jobin-Laberge, Ad. E. - Litigation – Commercial Insurance Jean-François Lepage – Medical Negligence Robert W. Mason - Litigation – Commercial Insurance Louis Payette, Ad. E. – Banking and Financial Institutions Jacques Perron – Transportation (Road & Rail) Ian Rose – Litigation – Directors’ & Officers’ Liability Jean Saint-Onge, Ad. E. - Class Actions; Litigation – Commercial Insurance; Litigation - Product Liability André Vautour - Technology Transactions *New posting For more information, please visit Lexpert’s website at: www.lexpert.ca/directory.
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Gérard Coulombe to receive the Lawyer Emeritus distinction from the Barreau du Québec
Lavery is pleased to announce that Mr. Gérard Coulombe, Q.C., a Business Law partner at Lavery, will receive the Lawyer Emeritus (Ad. E.) distinction from the Barreau du Québec during a ceremony that will be held on September 23, 2013 at the Montréal Science Centre.Gérard Coulombe belongs to a short list of Lavery lawyers who have previously received this prestigious honorary distinction in recognition of an exceptional legal career. Called to the Barreau du Québec in 1969, Mr. Coulombe was, from 1972 to 1977, a special advisor to the Minister of Finance of Canada. This professional experience enabled him to develop thorough understanding of Canadian and international taxation.In the last 35 years, Mr. Coulombe has carried on a general practice in business and commercial law where he represents more specifically financial institutions, Crown corporations and multinational companies. He sits on the boards of directors of several corporations, including National Bank of Canada, Cominar Real Estate Investment Trust and Club de hockey Canadien, Inc."Lavery is delighted that Gérard Coulombe is the recipient of the Lawyer Emeritus (Ad. E.) distinction. In a career that spans more than 40 years, Gérard has made a significant and multifold contribution to the legal profession: as a specialist in certain areas of practice, a skillful negotiator and dedicated mentor to young lawyers", said Don McCarty, Managing Partner of the firm.
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Odette Jobin-Laberge and Jonathan Lacoste-Jobin co-authors of a textbook published in the Thema Collection
Ms. Odette Jobin-Laberge, Ad. E., and Mr. Jonathan Lacoste-Jobin, Litigation partner and associate at Lavery respectively, are among the co-authors of a textbook on damage insurance that was published in June 2013 in the Thema Collection. Thema includes integrated and thematic publications that are drawn from encyclopedia JurisClasseur Québec, published by LexisNexis. Ms. Odette Jobin-Laberge and Mr. Jonathan Lacoste-Jobin wrote Fascicle 3 with respect to property insurance. More specifically, the text covers topics such as insurable interest, scope of coverage, insurance carried as well as notice of loss and payment of indemnity.
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Lavery Represents the Syndicate of Agents in the Re-opening of Cominar's 4.23% Series 2 Debentures in the Principal Amount of $100 Million
On February, 8, 2013, Cominar Real Estate Investment Trust completed the re opening of its 4.23% Series 2 senior unsecured debentures due December 4, 2019 in the principal amount of $100 million. The debentures were offered to the public by a syndicate of agents led by National Bank Financial Inc. and BMO Nesbitt Burns Inc., including Desjardins Securities Inc., RBC Dominion Securities Inc., CIBC World Markets Inc., Scotia Capital Inc., TD Securities Inc., HSBC Securities (Canada) Inc., Canaccord Genuity Corp., Dundee Securities Ltd. and Macquarie Capital Markets Canada Ltd. The syndicate of agents was represented by a team from Lavery consisting of Marc Rochefort, Michel Servant, Guillaume Lavoie and Geneviève Fournier (corporate and securities), and Philip Nolan (tax). Cominar is the third largest diversified real estate investment trust in Canada and the largest commercial property owner in the Province of Québec.
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Bridge Loan by SIDEX
Geomega Resources Inc. (“Geomega”) announced the grant of a $750,000 loan (the “Loan”) by SIDEX, Limited Partnership (“Sidex”) on May 10, 2013. The Loan is secured by Geomega’s tax credits receivable from Revenu Québec for the fiscal year ended in 2012 and related to mineral exploration. In connection with the Loan, Geomega issued 250,000 common shares to Sidex. The proceeds will be allocated to general and administrative purposes. Geomega, which owns 100% of the Montviel Rare Earths/Niobium project, is a Québec mineral exploration and development company focused on the discovery and sustainable development of economic deposits of minor metals, such as Rare Earth Elements, Niobium and Graphite, in Québec. Geomega is committed to meeting Canadian mining industry standards and distinguishing itself with its expertise, know-how and its support and respect for local communities and the environment. Geomega was represented by a team of Lavery, de Billy, L.L.P. comprised of Sébastien Vézina, Maxime Bergeron (securities) and Benjamin Gross (financing).