This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Judgment of the Supreme Court of Canada - A Municipality Cannot, by by-law, Prohibit the Operation of an Activity Within Federal Jurisdiction in a Zone on its Territory
On October 15, 2010, the Supreme Court of Canada rendered a decision in which it concluded that a municipality cannot establish a zone within which the operation of a federal activity is prohibited, in this case, an aerodrome. The operators of the aerodrome and aviation company were represented by a team from the firm of Lavery led by Mathieu Quenneville, which also included Jules Brière, Odette Jobin-Laberge, Yvan Biron and Sophie Prégent. Originally, the municipality of Sacré-Cœur brought a motion for an injunction against an aviation company and its managers to prevent them from operating an aerodrome within a zone of its territory. Initially, this motion was granted by the Superior Court, but the Court of Appeal set aside that decision, holding that a municipal by-law which prescribes zones within which an aerodrome can be prohibited is constitutionally inapplicable. The Attorney General of Quebec, which intervened in the file before the Superior Court in support of the municipality's claims, applied to the Supreme Court of Canada for a ruling on the validity of the disputed by-laws and, ultimately, that the aviation company be obliged to comply with the land use planning by-law of the municipality of Sacré-Cœur. The Supreme Court dismissed the appeal of the Attorney General of Quebec. According to the Supreme Court, the real object of the by-law was not related to zoning and did not fall under any provincial head of power. Rather, its essence was to regulate the location of aerodromes in the municipality, a matter within the exclusive federal jurisdiction over aeronautics. The provisions of the municipal by-law prohibiting aeronautical activities in the zone in question were therefore declared invalid by the Court. This decision clarifies the framework for the constitutional analysis applying not only to aeronautics, but to any activity involving the division of constitutional powers, particularly in relation to radiocommunications, telecommunications, navigation, railway transportation and extra-provincial transportation.
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Four Lavery Partners Nominated by Peers as Leading Practitioners in Who’s Who Legal: Canada 2010
Lavery is proud to announce that four of its partners have been recognized by their peers as leading practitioners in Canada in their field of expertise in Who’s Who Legal: Canada 2010. Nominees are selected based on comprehensive, independent survey work with both general counsels and private practice lawyers worldwide. Only specialists who meet independent international research criteria are listed. This recognition reflects our lawyers’ established expertise and excellent skills. The following Lavery partners have been recommended in the 2010 edition of Who’s Who Legal: Canada 2010. Yvan Biron (Environmental Law) Robert W. Mason (Product Liability) J. Vincent O’Donnell (Insurance Law) Michel Yergeau (Environmental Law)
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Josianne Beaudry Featured in The Gazette
On October 13th, Josianne Beaudry, Business Law Group member at Lavery, wrote an article called “Stock Options instead of a Pay Hike : Is this Good for Me?” published in Legal Matters, the online legal page of The Gazette. Ms. Beaudry’s article reviews the advantages and disadvantages of receiving stock options rather than salary increases from employers.
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Bernard Larocque and Odette Jobin-Laberge, Speakers at a training seminar for litigation lawyers at the Canadian Institute
On October 19th, Bernard Laroque, in collaboration with Odette Jobin-Laberge, both partners at Lavery, will be speakers at the Canadian Institute during a training seminar for litigation lawyers on the competitive advantage needed for litigation lawyers to distinguish themselves before the courts entitled: “L’avantage compétitif dont vos avocats de litige ont besoin pour se démarquer devant les Tribunaux, leurs clients et dans la gestion de leurs dossiers.” Mr. Larocque’s and Ms. Jobin-Laberge’s presentation pertains to art of writing in litigation as well as writing techniques required to present efficient and persuasive summons before the courts. It will be held in French only at the Hôtel Omni Mont-Royal in Montreal at 9 a.m. For more information on this conference, please click here.
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Three’s the charm for Alexandre Despatie, gold medal winner at the XIX Commonwealth Games
Proud sponsor of Alexandre Despatie, Lavery is pleased to recognize this champion’s triple gold medal wins in diving, the first for the men’s one-metre springboard event, the second for the men’s three-metre springboard and the third for the men’s three-metre synchronized event with his partner Reuben Ross on October 10th, 11th and 12th at the Commonwealth Games in Delhi.With these wins, Despatie became the 9th man to win eight medals or more at the Commonwealth Games, having won himself nine medals in total throughout his career to date. Lavery is extremely proud to support this remarkable Quebec athlete.
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Nicolas Gagnon, Member of the Surety Association of Canada’s Board of Directors
For 2010-2011, Nicolas Gagnon, partner at Lavery, will be a member of the Surety Association of Canada’s Board of Directors, an association formed by a group of companies who believe that the surety industry needs a voice that is independent of its cousins in the insurance industry.Mr. Gagnon, who specializes in construction and surety law, will provide a sound judgement and counsel to the Surety Association of Canada's members in their objective to build on their successes to ensure a more surety friendly environment for the contruction and business communities in Canada.
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Lavery retained by Goodmans LLP in the acquisition of Van Houtte
Montreal, October 5, 2010 - A team of professionals at Lavery was retained by Goodmans LLP to help represent the interests of Green Mountain Coffee Roasters, Inc., a company based in Vermont, in its acquisition of the A.L. Van Houtte Coffee business, which is based in Quebec. Lavery’s services were retained, in particular, for the due diligence review, consultation on the purchase agreement and to assist generally with Quebec matters; particularly, commercial issues, environmental law, labour law, real estate law and litigation. Lavery’s team was mainly made up of following lawyers: Carl M. Ravinsky, Melanie Chartrand, Jean Tessier and Sive Burns (corporate/commercial), Chantal Joubert and Catherine Rioux (real estate), France Legault and Catherine Maheu (labour and employment) and Yvan Biron and Sophie Prégent (environmental law).
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René Branchaud holds a conference at the TSX Venture Exchange
On September 28th, René Branchaud, partner at Lavery specializing in securities law, mergers and acquisitions and corporate law, was a speaker at the TSX Venture Exchange for a seminar on the management of a public corporation. Mr. Branchaud’s conference was on securities investments.
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Lavery hosts nearly 300 corporate counsels at a conference on risk management and commercial contracts
Montreal, September 30, 2010 - On September 21st, Lavery held a conference on risk management and commercial contracts. This series of Lavery’s conferences hosted nearly 300 corporate counsels at the Fairmont The Queen Elizabeth.At this conference, Lavery’s lawyers presented both plenary sessions and numerous seminars and Alain Dubuc, a La Presse columnist, made a presentation on “Les conseillers juridiques d’entreprise créent-ils de la richesse?”
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Sophie Prégent’s article is published in Industrie & Commerce
Sophie Prégent, lawyer at Lavery, wrote an article entitled “La Loi sur la qualité de l’environnement entre dans une nouvelle ère” (The Regulation Respecting the Administration of the Environment Quality Act Enters a New Era) published in Industrie & Commerce. In this article, Ms. Prégent summarizes Bill 89 and describes the implications of the imminent legislative modifications in the environmental sector. The full article (in French only) is available on page 39 of the latest edition by clicking here.
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Sébastien Vézina, Speaker at the Information Session on IFRS and Taxation for Mining Exploration Companies
Montreal, September 29, 2010 - Sébastien Vézina, member of Lavery’s Business Law Group, reviewed the recent developments pertaining to the mining sector on September 22nd during an information session on IFRS (International Financial Reporting Standards) and taxation. This information session was organized by Raymond Chabot Grant Thornton and was held in Montreal at the Fairmont Hotel, Queen Elizabeth.
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Jean Saint-Onge, Speaker at the Canadian Institute
Montreal, September 24, 2010 - On September 28th and 29th, Jean Saint-Onge, partner at Lavery, will participate in a presentation on class actions called “Managing Litigation Complexity and Planning Strategy through Trial” at the Canadian Institute’s 11th Annual Forum. This conference will be held in Toronto. Mr. Saint-Onge’s will participate in a panel on cross-Canada class actions and recent developments on class actions in Quebec. For more details, click here.