This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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In memory of Jean Bélanger
All of Lavery’s partners, associates and personnel would like to pay homage to Jean Bélanger, who passed away on April 15, 2013. Before his death, Mr. Bélanger was working at the firm Casavant Mercier, practising with Jean-Pierre Casavant, a former Lavery partner.A great legal mind, Jean Bélanger spent many years at Lavery. Each of us who had the privilege of working with Mr. Bélanger over the years was struck by his legal brilliance, his insatiable intellectual curiosity and his thorough knowledge of case law and the cases handled by the firm.He acted as a mentor and strategic advisor to many lawyers at Lavery, several of whom were later appointed to the bench. His patience, his generosity and his ability to help develop the personal strengths of his colleagues enabled them to achieve professional excellence.His proficiency as a teacher was recognized by the McGill University Faculty of Law where Mr. Bélanger taught insurance law for 10 years as well as by the Canadian Bar Association where he had been presenting for 26 years an annual review of important civil law cases.Throughout the years, many clients of the firm sought Jean Bélanger’s expert advice. Fond of culture, music lover, foodie at heart and a refined individual, Jean Bélanger was truly a man for all seasons.A great man has passed away but he will be remembered for his love for life and his loyalty to his family, colleagues, friends and a profession he has always cherished.
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Proxy fight: Lavery successfully advises Fancamp
Lavery, de Billy, L.L.P. acted as special advisor to the Board of Directors of Fancamp Exploration Ltd. ("Fancamp") with regards to a proxy fight launched by a dissenting shareholder, which involved replacing Fancamp’s current board members. A team headed by Michel Blouin and including Sébastien Vézina, Jean Tessier and Maxime Bergeron provided advice to the management of Fancamp on the best possible way to cope with the proxy fight. More specifically, the Lavery team provided to Fancamp legal and strategic advice focusing on hostile takeovers and regulations concerning good governance as well as the smooth functioning of the meeting. In addition, Lavery offered to help Fancamp perform proxy verification so as to ensure that the voting results comply with the requirements set out by the Securities Transfer Association of Canada. The dissenting shareholder’s attempt was rejected at Fancamp’s Annual Shareholders’ Meeting that was held on October 26, 2012 in Toronto. Michel Blouin, Sébastien Vézina and Jean Tessier were present at the Meeting to advise and assist the management of Fancamp and the Chairman of the Board. Sébastien Vézina acted as Secretary of the Meeting.
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Supreme Court decision on professional liability
On April 4, 2013, the Supreme Court of Canada dismissed the application for leave with respect to the Québec Court of Appeal rulings in Audet c. Transamerica Life Canada and Souscripteurs du Lloyds c. Alimentation Denis & Mario Guillemette. These judgments deal primarily with the professional liability of financial security advisors as well as the validity of specific provisions included in professional liability insurance contracts. For more information, consult the following newsletters: Liability insurance, professional activities and gross fault: the Québec Court of Appeal sets the record straightBy : Bernard Larocque - August 2012 Professional liability insurance and gross fault: the Court of Appeal sings a different tune (new version)By : Bernard Larocque - October 2012 Investment and Financial Security Advisors: Respect your clients’ goals and document your files!By : Dina Raphaël - October 2012
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Lavery’s Strong Presence in the National Seminar on Class Actions of the Quebec Bar’s Continuing Education Services
For the 9th consecutive year, Mr. Jean Saint-Onge, Ad. E., Litigation partner at Lavery, has organized and hosted the National Seminar on Class Actions of the Quebec Bar’s Continuing Education Services, which was held on March 21-22, 2013 at the Palais des congrès in Montreal.This seminar represents the most important professional training event in the area of class actions in Canada. It gathered a total of 35 speakers, class action lawyers and judges from everywhere in North America as well as about a dozen sponsors. The seminar enabled participants to receive leading edge training in this fast-evolving practice area that focused on recent developments in Quebec, Canada and the United States as well as the latest trends with respect to international class actions.Mr. Jean-Philippe Lincourt, an associate in Lavery’s class action team, gave a well-attended conference on landmark class action cases in Quebec in 2012.Mr. Saint-Onge was recently ranked as Lawyer of the Year 2013 in the category Class Action Litigation - (Montréal) by the legal directory The Best Lawyers in Canada.
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Lavery seminar on Life and Disability Insurance: A Successful Event
Ms. Evelyne Verrier and Ms. Marie-Andrée Gagnon, Litigation partner and associate at Lavery respectively, acted as speakers, on March 20, at a seminar on life and disability insurance, which was organized jointly with the Association québécoise des directeurs de règlement en assurances collectives (AQDRAC).This event drew some 30 participants at the Lavery Conference Centre. The topics discussed focused on recent jurisprudential trends with respect to disability, updating jurisprudential tests with regard to the definition of disability, private healthcare and the change of insurer.
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Marie-Claude Cantin, Nicolas Gagnon and Louis-Martin Dubé – speakers at a conference on Bill 1: Integrity in Public Contracts Act
Two Litigation partners at Lavery, Ms. Marie-Claude Cantin and Mr. Nicolas Gagnon, and a Real Estate partner, Mr. Louis-Martin Dubé, acted as speakers during an event focused on Bill 1: Integrity in Public Contracts Act.This event, which was held at the Lavery Conference Centre on March 14, drew about 100 people. The guest speaker was Mr. Eric Stevenson, Superintendent, Client Services and Distribution Oversight at the Autorité des marchés financiers (AMF), who gave the organization’s viewpoint on the challenges stemming from its mandate with respect to the new provisions included in An Act respecting contracting by Public Bodies, which lays the framework for companies contracting with a public body.Mr. Nicolas Gagnon discussed the legal challenges arising from this act for the various stakeholders in the construction industry. Ms. Marie-Claude Cantin and Mr. Louis-Martin Dubé also gave a presentation on the Règlement visant à améliorer la sécurité dans le bâtiment [Regulation to enhance building safety]. They described the new public building safety measures that came into force on March 18, 2013 as well as the obligations of building owners and managers, designers and entrepreneurs under the new regulation. From left to right: Mr. Eric Stevenson, Ms. Marie-Claude Cantin, Mr. Nicolas Gagnon and Mr. Louis-Martin Dubé
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Jean Saint-Onge and Michel Gélinas recognized as Leaders in their Field by Chambers Global
Mr. Jean Saint-Onge, Ad. E., a Litigation partner at Lavery, and Mr. Michel Gélinas, a Labour Law partner at Lavery, are recognized as Leaders in their Field in the 2013 edition of the prestigious legal directory Chambers Global. The expertise of Mr. Saint-Onge is recognized in the category Dispute Resolution: Class Action (Defence) Canada, whereas the expertise Mr. Gélinas is recognized in the category Employment & Labour (Canada). In addition, in the same edition of this publication, Lavery is recognized in the category Dispute Resolution: Québec. The lawyers and law firms profiled in Chambers Global are selected following a rigorous process where thousands of interviews are conducted with a vast range of lawyers and their clients, i.e. commercial users of legal services, by a team of more than 140 full-time researchers. Moreover, the final selection is based on well-defined criteria, such as the quality of service provided to clients, legal expertise and commercial astuteness. For more information, click on the following links: Jean Saint-Onge Michel Gélinas Lavery
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Conference by Jean-Sébastien Desroches and Emil Vidrascu on shareholder agreements
Mr. Jean-Sébastien Desroches and Mr. Emil Vidrascu, Business Law partner and Litigation partner at Lavery respectively, discussed the mechanisms of shareholder agreements during a breakfast conference that took place on March 14 at the Lavery Conference Centre. This event, held under the theme "Avoid litigation by using shareholder agreements", drew about 40 people, mostly small and medium-sized business owners. Mr. Desroches and Mr. Vidrascu informed the participants about the main strategies with respect to negotiating and implementing shareholder agreements within a corporation to ensure smooth business operations, prevent and resolve disputes as well as minimize various risks. From left to right: Mr. Jean-Sébastien Desroches, Business Law partner at Lavery, and Mr. Emil Vidrascu, Litigation partner at Lavery.
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The English-speaking section of the Bar of Montreal pays tribute to Vincent O,Donnell
Lavery is pleased to announce that the English-speaking section of the Bar of Montreal today paid tribute to Mr. Vincent O’Donnell, Q.C., Ad. E., a renowned lawyer who practised at the firm for more than 50 years, for his outstanding legal career, by awarding him its first Lifetime Achievement Award.Mr. O’Donnell joined the firm in 1957, moving quickly through the ranks to become one of Canada’s foremost litigation lawyers. He has appeared before all levels of court in Canada, including at least 12 times before the Supreme Court. He has also argued precedent-setting cases in various areas, such as insurance law, professional liability and class actions.President of the Bar of Montreal from 1984 to 1985, he was actively involved in many committees of the Quebec Bar and the Canadian Bar Association throughout his career. In addition, Mr. O’Donnell’s reputation extends well beyond national borders. He has been a member of internationally renowned professional associations, including the American College of Trial Lawyers, the International Academy of Trial Lawyers and the International Association of Defense Counsel."Lavery is delighted that the English-speaking section of the Bar of Montreal has recognized the remarkable career of a great legal mind. In addition to his invaluable contribution to the development of law, Mr. O’Donnell influenced generations of lawyers with his passion for the law and his sound legal reasoning. As a colleague, mentor, adviser, professor or friend, Vincent O’Donnell imprinted his distinctive mark on our profession and made a profound impression on several people during his long and distinguished career", said Don McCarty, Managing Partner of the firm.
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Dina Raphaël, Martin Pichette and Nathalie Durocher, speakers at Damage Insurance Day 2013
Two litigation lawyers at Lavery, Ms. Dina Raphaël and Mr. Martin Pichette, and a litigation associate, Ms. Nathalie Durocher, will be conference speakers at la Journée de l’assurance de dommages 2013 (Damage Insurance Day 2013), an event organized by Le journal de l’assurance in co-operation with the Chambre de l’assurance de dommages and that will be held on Wednesday, March 20 at the Palais des congrès de Montréal under the theme "S’unir pour gagner la confiance de l’assuré" (Together to win the trust of the insured). Lavery is proud to be a partner of this major event that brings together insurers, brokers, agents and claims adjusters. Martin Pichette will act as moderator of a conference entitled "Assurance des condominiums : des changements sont à l’horizon !" (Condo insurance: Some upcoming changes) that will focus on the changes that will have an impact on underwriting risks with respect to condo insurance. In addition, Dina Raphaël and Nathalie Durocher will take part in the conference "2013 marquera-t-elle l’avènement de la vente d’assurance sur Internet ?" (Selling insurance on the Internet in 2013?) where she will discuss the regulatory framework applicable to this practice as well as the changes needed to fully implement this practice and protect consumer rights. To read the event program (in French), click here.
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Lavery represents the syndicate of agents in the offering of $200 million of 4.23% series 2 senior unsecured debentures of Cominar Real Estate Investment Trust
On December 4, 2012, Cominar Real Estate Investment Trust completed a public offering of $200 million aggregate principal amount of 4.23% Series 2 senior unsecured debentures due December 4, 2019, for total net proceeds to Cominar of approximately $199.0 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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Dina Raphaël recognized as a 'litigation future star' in Québec
Ms. Dina Raphaël, partner in Lavery’s Litigation Group, has been recognized as a "litigation future star" in Québec in the second edition of the legal directory Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys, a publication of Benchmark Litigation which is the only legal directory in the United States to focus exclusively on US litigation. Ms. Raphaël’s expertise was recognized in the areas of product liability, general commercial, insurance and professional liability. Lawyers are selected following extensive interviews conducted with litigators and their clients.