This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Firm victory in the Court of Appeal
On May 14, 2009, the Court of Appeal rendered judgment in the case of Kingsway General Insurance Co. v. Duvernay Plomberie et Chauffage inc.2, which was pleaded by Marie-Claude Cantin with the assistance of Odette Jobin-Laberge, Ad.E.This is a significant judgment on civil procedure (article 216 of the Code of Civil Procedure) which brings to a close a series of sometimes conflicting judgments on an important issue.The Court of Appeal allowed the insurer, who denied coverage of a claim by an insured under a property insurance policy, to implead or call into warranty the third party that it alleged was responsible for the dispute.In this case involving a claim for water damage, Kingsway denied coverage of its insured for several reasons, in particular, due to the exaggerated claim and false statements made by it. However, Kingsway sought to implead the plumber, Duvernay, which the Court of Appeal allowed, on the basis that the plumber had allegedly caused the loss which gave rise to the claim by its insured, so that it could be found liable for the loss.Lavery represented Kingsway.______________________________________2 2009 QCCA 926, Justices Gendreau, Morissette and Bich
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Cominar Real Estate Investment Trust completes a $57.5 million public offering of 4,792,050 units
On April 21, 2009, Cominar Real Estate Investment Trust (“Cominar”), one of the largest commercial property owners and managers in the Province of Québec with a real estate portfolio of 215 high quality properties, completed a public offering of 4,792,050 units, after full exercise of the underwriters’ over-allotment option in respect thereof.The offering was completed on a bought deal basis through a syndicate of underwriters co-led by National Bank Financial Inc. and BMO Nesbitt Burns Inc., and included RBC Dominion Securities Inc., Desjardins Securities Inc., CIBC World Markets Inc., Scotia Capital Inc., Canaccord Capital Corporation, Blackmont Capital Inc. and Genuity Capital Markets G.P., for total net proceeds to Cominar of approximately $54.9 million, after deducting the underwriters’ fee and the estimated expenses of the offering.The underwriters were represented by Lavery, de Billy, L.L.P., with a team that comprised Marc Rochefort, Michel Servant and Guillaume Lavoie (corporate finance and securities) and Philip Nolan (tax).
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Luc Pariseau will speak at the Association de planification fiscale et financière conference
The Association de planification fiscale et financière (the fiscal and financial planning association) has organized a conference called "ACHAT/VENTE ET FUSION D’ENTREPRISE - Mise à jour technique et considerations pratiques (Buying/selling and corporate mergers - technical update and practical considerations)" to be held at the Montreal Bonaventure Hilton on May 14, 2009.Luc Pariseau, a partner with Lavery in the Business Law Group who specializes in tax law, will offer an analysis of key legal decisions handed down recently and will comment on the impact they have on corporate restructurings that usually accompany the acquisition or sale of a company.
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Ann Bigué, a Lavery partner specializing in aboriginal law, will be delivering a lecture at the request of the Management and Economics Society of The Canadian Institute of Mining, Metallurgy and Petroleum
At the request of the Management and Economics Society of The Canadian Institute of Mining, Metallurgy and Petroleum, Ann Bigué will be delivering a lecture on May 13th, 2009 in Toronto. This talk is featured as part of the CIM’s Mining Finance and Management Day. Ms. Bigué will address community relationships and issues in a presentation entitled “Aboriginal and Other Local Communities as Partners”.
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Lavery Assists ING Locally in Selling Quebec Retail Portfolio to RioCan
On March 12, 2009, a fund managed by ING Real Estate Canada completed the sale of a portfolio of six grocery-anchored retail properties located in the greater Montreal area to RioCan Real Estate Investment Trust. Four of the properties were acquired by RioCan on a 50-50 basis with a private investor. The buyer group completed the acquisition with financing from First National Financial Corporation on two of the properties that were jointly acquired.Richard Burgos, a Lavery partner, assisted ING in Quebec.
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Ian Rose to moderate international panel of experts discussing the legal and insurance issues arising from the global credit crisis
The Canadian Chapter of the Professional Liability Underwriting Society (PLUS) is organizing its 2009 Seminar to be held on Wednesday, May 6, 2009, in Montreal. Ian Rose, a Lavery partner and member of the organizing committee, will moderate a panel discussion by a group of experts including Hugues Lacroix, of the Fonds de solidarité FTQ, Montreal; Kevin LaCroix, of OakBridge Insurance Services, Minneapolis; Dr. Faten Sabry, of NERA Economic Consulting, New York; and David B. Williams, of Chubb Insurance Company of Canada, Toronto. The subject of the discussion will be The Global Credit Crisis: Where we are, where we’re going; D&O, E&O and other liabilities.
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Marie-Claude Perreault gives seminar on “New proven strategies to reduce legal liability in the workplace”
Marie-Claude Perreault, a Lavery partner, will chair the Advanced Conference on Labour and Employment Law – “Nouvelles stratégies éprouvées pour réduire la responsabilité légale en milieu de travail” (New proven strategies to reduce legal liability in the workplace) organized by The Canadian Institute, which will be held on Tuesday and Wednesday, April 28 and 29, 2009 in Montreal. Ms. Perreault will deliver the opening address and make a presentation concerning increased occupational health and safety liability.
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Lavery Assists RioCan REIT in Quebec
On April 3, 2009, RioCan Real Estate Investment Trust ("RioCan") completed a $180 million offering of 8.33% Series L, senior unsecured debentures due on April 3, 2014. The offering was completed under RioCan’s shelf prospectus dated June 13, 2008 and underwritten by a syndicate of underwriters led by RBC Dominion Securities Inc. and including BMO Nesbitt Burns Inc., Scotia Capital Inc. and TD Securities Inc. Michèle Gamache of Lavery assisted RioCan in Quebec. RioCan is Canada's largest real estate investment trust that owns and manages Canada’s largest portfolio of shopping centres with ownership interests in a portfolio of 247 retail properties.
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Two more Lavery lawyers named Advocatus Emeritus (Ad. E.)
Lavery is pleased to announce that Ann Bigué and Jules Brière will receive Advocatus Emeritus (Ad. E.) awards on May 28th at the Québec Bar’s annual convention in Montreal. The title of Advocatus Emeritus, which follows the names of recipients of this honour, was created in 2007 to recognize the professional excellence and outstanding contribution of a lawyer to the advancement of the profession or of the Bar’s work. Ann Bigué practices administrative, constitutional and regulatory law, with an emphasis on matters related to aboriginal law, as well as energy and natural resources law. She is recognized for her expertise in aboriginal and treaty rights. She has assumed leadership in complex litigation matters and has extensive experience in the negotiation of agreements between governments, Aboriginal communities and developers related to energy and natural resource development projects in Canada. Ms. Bigué is recognized in the Canadian Legal Lexpert Directory as a leading lawyer in the field of aboriginal law. She is also named in the Best Lawyers in Canada directory as a leading lawyer in the area of regulatory matters relating to energy. Jules Brière practices constitutional, administrative and social (health) law, as well as public domain law (hydro-electricity production, transportation and distribution, forestry and land management). He has, on many occasions, advised governments as well as various government departments and public and parapublic agencies on the legal aspects of the management and development of resources in the public domain, the legal regime pertaining to the protection of agricultural land, and activities and relations between the government and Aboriginal peoples.As a jurist, Mr. Brière also took part in the planning, drafting and review before parliamentary committees of many government bills introduced in the National Assembly of Québec. He is the author of several publications dealing with administrative law and constitutional law. In addition, he has held the Chaire de rédaction juridique Louis-Philippe-Pigeon de l'Université Laval since 2006. Seven Lavery lawyers have previously been named Advocatus Emeritus: Odette Jobin-Laberge, Pierre Bourque, Raymond Doray, J. Vincent O’Donnell, Louis Payette, Jean Saint-Onge and Michel Yergeau.
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Our class action specialists represent Maple Leaf Foods Inc.
Lavery lawyers represented Maple Leaf Foods Inc. (Maple Leaf) in the class action suits filed in Quebec on behalf of people who were victims of listeriosis during the summer of 2008. On April 3, 2009, the Quebec Superior Court approved a national settlement agreement, which was also approved in Ontario and Saskatchewan. Almost 27 million dollars will be paid to the victims. Jean Saint Onge and Jean-Philippe Lincourt represented Maple Leaf in this matter.
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Four new partners named at Lavery
Montreal, April 7, 2009 – Lavery is pleased to announce that four associates practising in the Montreal office have been admitted into the firm’s partnership, namely Philippe Asselin, Jean-Sébastien Desroches, Josiane L’Heureux and Martin Pichette. Philippe Asselin joined Lavery in 2003 and practises with the Business Law Group, more particularly in tax law. He was called to the Quebec Bar in 2000, has a D.E.S.S. in taxation from the École des Hautes Études Commerciales and practised with a major accounting firm before joining Lavery. Jean-Sébastien Desroches practises with the Business Law Group, primarily in the areas of mergers, acquisitions and corporate reorganizations. He joined Lavery in October 2007. He was called to the Quebec Bar in 2000 and holds a master's degree in business law from the Université Laval. Josiane L’Heureux joined Lavery in 2003 and practises with the Labour and Employment Law Group. She was called to the Quebec Bar in 1998. Prior to joining the firm, she represented various labour unions and practised with the labour relations group of a major Quebec business. Martin Pichette joined Lavery in 2005 and practises with the Litigation Group, more particularly in construction, damage insurance, professional liability and commercial litigation. He was called to the Quebec Bar in 2000 and holds bachelor's and master's degrees in business administration from the University of Ottawa.
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Our specialists in natural resources represent Xstrata
The Court of Québec, in a decision written by the Honourable Mr. Justice François Godbout, has just ordered the Ministère des Ressources naturelles et de la Faune to re-register, in the Register of real and immovable mining rights, the 83 claims that the Ministère had decided to cancel due to noncompliance with a minor formality, that is, because the licence of the person who did the staking was inactive at the time of the staking. Xstrata had argued before the Court that the revocation of the mining rights previously granted was disproportionate and unreasonable and only concerned a mere technicality. Xstrata thus retains the exclusive right to search for mineral substances on the lands that are the subject of the claims. Xstrata was represented by a team composed of Michel Blouin, Mathieu Quenneville and Sophie Prégent (Environment and Natural Resources).