This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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36 Lavery Lawyers Included in the 2014 Edition of The Best Lawyers in Canada
Lavery is pleased to announce that 36 of the firm’s lawyers have been listed as leading Canadian practitioners in their respective areas of expertise in The Best Lawyers in Canada 2014. "We are delighted that 36 lawyers of our firm are included in the 2014 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 36 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 2014, Raymond Doray, Ad. E., is a first-time honouree. The following lists the names of all Lavery lawyers included in the directory as well as their practice area(s): Armstrong, Marie-Claude Family Law Baribeau, Pierre-L. Labour and Employment Law Biron, Yvan Environmental Law Blouin, Michel Natural Resources Law Branchaud, René Natural Resources Law Cantin, Marie-Claude Insurance Law Charette, Louis Aviation Law; Product Liability Law; Transportation Law Coulombe, Gérard, Q.C., Ad.E. Corporate Law Czolij, Eugene Corporate and Commercial Litigation; Insolvency and Financial Restructuring Denis, Pierre Equipment Finance Law Doray, Raymond, Ad. E. Administrative and Public Law Dubé, Louis-Martin Real Estate Law Dumoulin, Josée Employee Benefits Law Gagnon, Nicolas Construction Law Gélinas, Michel Labour and Employment Law Gravel, Marie-Andrée Mergers & Acquisitions Law Hébert, Jean Insurance Law Jobin-Laberge, Odette, Ad. E. Insurance Law Larocque, Bernard Class Action Litigation; Insurance Law Lavoie, Guy Labour and Employment Law Lemay, Guy Labour and Employment Law; Class Action Litigation Mason, Robert W. Director and Officer Liability; Insurance Law; Personal Injury Litigation; Product Liability Law Nolan, Philip Tax Law Pariseau, Luc Tax Law Paul-Hus, Jacques Mergers & Acquisitions Law Payette, Louis, Ad. E. Banking and Finance Perron, Jacques Transportation Law Pinard, Élisabeth Family Law Rochefort, Marc Securities Law Rochette, Louis Health Care Law Rose, Ian Director and Officer Liability; Insurance Law Saint-Onge, Jean, Ad. E. Class Action Litigation Schachter, Raphaël H., Q.C., Ad. E. Criminal Defense Simard, Jean-Yves Corporate and Commercial Litigation; Insolvency and Financial Restructuring Stotland, Gerald Family Law Vautour, André Information Technology Law; Technology Law For more information, please visit the Best Lawyers’ website at www.bestlawyers.com.
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Lavery represents Hecla Mining with respect to the acquisition of a mining company
Lavery recently acted as legal counsel for the province of Quebec in connection with the acquisition by Hecla Mining Company (“Hecla”) of Aurizon Mines Ltd. (“Aurizon”). The transaction is valued at Cdn$796 million. Hecla was also represented in Canada by Cassels Brock & Blackwell LLP. Under the terms of the transaction, which was dealt with as a merger with a Hecla subsidiary under U.S. legislation, Hecla purchased all of the issued and outstanding common shares of Aurizon for an aggregate consideration of approximately Cdn$514 million and 56,997,790 common shares of Hecla. The transaction took the form of a plan of arrangement and was carried out in the wake of a struggle for control initiated by an unsolicited takeover bid for Aurizon launched by Alamos Gold Inc. on January 14, 2013. The Lavery team was made up of Michel Blouin, Sébastien Vézina, Maxime Bergeron and René Branchaud (mining law and securities), Nicole Messier (mining rights and real estate), David Eramian, Sive Burns and Ariana Lisio (M&A), Sophie Prégent (environmental and Aboriginal law) and Darina Bashilova (financing). Through this acquisition, Hecla becomes the owner of the Casa Berardi mine, located near the territory covered by the Plan Nord, which is expected to produce between 125,000 to 130,000 ounces of gold in 2013. With the shaft deepening project and the future development of an open pit mine, the mine is expected to operate for more than 10 years. The acquisition also includes several exploration and pre-development projects in Quebec that may contribute to increase production in the future. Hecla, based in Coeur d’Alene in Idaho, is a leading low-cost U.S. silver producer with operating mines in Alaska and Idaho, and is a growing gold producer with an operating mine in Quebec, Canada.
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Lavery represents the underwriters in the bought deal financing of Cominar's 4.00% series 3 debentures in the principal amount of $100 milion
On May 2, 2013, Cominar Real Estate Investment Trust completed the bought deal financing of its 4.00% Series 3 senior unsecured debentures due November 2, 2020 in the principal amount of $100 million. Cominar intends to use the net proceeds of the offering to repay amounts outstanding under its credit facility and for general trust purposes, thus replacing shorter-term debt with longer-term debt at a favorable long-term interest rate without increasing its aggregate indebtedness. The debentures were sold to a syndicate of underwriters led by National Bank Financial Inc. and BMO Nesbitt Burns Inc., including RBC Dominion Securities Inc., Desjardins Securities Inc., CIBC World Markets Inc., Scotia Capital Inc. and TD Securities Inc. The syndicate of underwriters 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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Josianne Beaudry, author of an article in Sécurité financière magazine
Ms. Josianne Beaudry, a Business Law partner at Lavery, published an article entitled “Pour une divulgation pleine et entière des coûts liés au placement” (For a full disclosure of the costs of investments) in the June-July-August 2013 issue of Sécurité financière magazine, a publication of the Chambre de la sécurité financière.In this article, Ms. Beaudry discusses the new disclosure requirements implemented by the Canadian Securities Administrators, which are designed to protect investors by providing them with clear and meaningful information about their investments.To read this article (in French), click here.
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Lavery represents Industrial Alliance in the renewal of its $1 billion base shelf prospectus
On April 29, 2013, Industrial Alliance Insurance and Financial Services Inc. filed its short form base shelf prospectus providing for the sale of up to $1 billion of debt securities, class A preferred shares, common shares, subscription receipts, warrants, share purchase contracts and units. Industrial alliance 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). 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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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.