This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Pier-Olivier Fradette signs an article in the January edition of BâtiVert magazine
Pier-Olivier Fradette, a lawyer whose practice focuses on municipal law, land use planning, and municipal contract management, has published an article in the January 2016 quarterly issue of BâtiVert, a magazine that covers recent jurisprudence, distributed by the Corporation des officiers municipaux en bâtiment et environnement du Québec (COMBEQ). The article entitled “The protection of municipal executive again put to the test… and again confirmed” (“La protection des cadres des municipalités testée de nouveau… et confirmée de nouveau”) analyses the decisions of the Commission des relations de travail (first instance) and the Superior Court (judicial review) in Jean-François Fournier v. Municipalité de Lac-des-Plages. Mr. Fradette explains the heavy burden a municipality carries when attempting to terminate an executive and that such a thing cannot be done without sound and meritorious reason even if a notice of termination clause was included and accepted in a work contract. The full article will be soon available on the COMBEQ website (French only)
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The JCCM congratulates Élodie Brunet on her volunteer work
Recently, the Jeune Chambre de Commerce de Montréal (JCCM) highlighted the volunteer efforts of Élodie Brunet, a lawyer who practices in Lavery’s Labour and Employment law group, for her volunteer work with the Comité du Réseau des jeunes administrateurs. The JCCM praised Ms. Brunet for her interest in the Réseau des jeunes administrateurs program, her availability, enthusiasm, as well as her initiative and willingness to get involved. For more information about the JCCM, please click here.
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Lavery represents the Conférence des juges de paix magistrats du Québec before the Supreme Court of Canada
On January 18, 2016, Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law group, represented the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of the Act to Amend the Courts of Justice Act and Other Legislative Provisions as regards the Status of Justices of the Peace which allowed the government, notably, to unilaterally determine the treatment and work conditions of the justices of the peace, without having recourse to a remuneration commission. According to the Conférence, the provisions in question, in that they apply to judges, violate the guarantees of judicial independence provided in the preamble of the Constitutional Act of 1867and under section 11d) of the Canadian Charter of Rights and Freedoms. The court reserved its decision. To read a summary of the case, please click here.
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Application for authorization to submit a class action against the Commission de la construction du Québec represented by Lavery rejected
On January 7, 2016, the Superior Court of Quebec refused to grant an authorization to submit a class action on behalf of the linemen having worked for a federal undertaking and who, since the establishment of the Commission de la construction du Québec ("CCQ"), paid different assessments and contributions under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry, CQLR c. R-20. The representative of the proposed group requested, amongst other conclusions, the reimbursement of the assessments deducted by the CCQ. In Caron c. Fraternité provinciale des ouvriers en électricité-section locale 1676, 2016 QCCS 25, justice Chantal Lamarche, j.s.c. found that the conditions for the exercise of a class action were not met. More specifically, she rejected the application for authorisation because of the complexity of the evidence which would have to be administered to determine if the employers of the members of the proposed group were under federal or provincial jurisdiction and because the refund of the assessments raised issues that were not common to all members of the group. Lavery has successfully represented the CCQ against who the application for authorization to submit a class action was specifically directed. The team was composed of Mr. Raymond Doray, Ad.E. and Mr. Bernard Larocque assisted by Mr. Guillaume Laberge. Raymond Doray Bernard Larocque Guillaume Laberge
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Lavery in Lexpert Top 10 business cases of 2015
In its January 2016 edition, Lexpert magazine ranks the Canada (Attorney General) v. Federation of Law Societies of Canada case second in its list of the Top 10 business cases of 2015. Lavery wishes to extend its heartiest congratulations to Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law group, who argued the case of behalf of the interveners the Barreau du Québec and the Chambre des notaires du Québec. Mr. Guillaume Laberge assisted them in their preparation. In its ruling, the country’s highest court concluded that certain sections of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and of its regulation violate sections 7 and 8 of the Canadian Charter of Rights and Freedoms and cannot be saved by section 1. Raymond Doray Loïc Berdnikoff Guillaume Laberge
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Jean Boulet and Zeïneb Mellouli give a CRHA conference on recent developments in labour and employment law
In Montreal on January 26, 2016, Jean Boulet, a partner at Lavery, and Zeïneb Mellouli, a lawyer, both of whom practice in the Labour and Employment Law Group, will give a conference entitled “Recent developments and long-term prospects in labour and employment law” (“Développements récents et perspectives d’avenir en droit du travail et de l’emploi”) within the scope of a CRHA (Ordre des conseillers en ressources humaines agréés) Work Relations Workshop. In particular, their conference will cover the key lessons from the Supreme Court of Canada regarding labour law and will address the issue of genetic discrimination. For more information or to register for the conference, please click here.
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Bernard Roy and Anthonie Vézina-Crawford from Lavery will be speaking at the APFF on alternative methods of assessment used by tax authorities
Bernard Roy, partner and Anthonie Vézina-Crawford, associate from Lavery will be giving a conference at the L’Association de planification fiscale et financière (APFF) on January 21st, 2016 in Québec City. The speakers will address the alternative methods of assessment used by tax authorities, how the courts interpret this and the impact of the use of such methods by taxpayers. For more information or to register to attend to this conference, please click here.
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Lavery sponsors the 6th annual Fondation de l’Hôpital Jean-Talon du CIUSSS du Nord-de-l’île-de-Montréal Gala
For the second year running, Lavery partnered with the Fondation de l’Hôpital Jean-Talon to sponsor its annual Gala, which took place on November 7, 2016, at the Montreal’s Ritz-Carlton Hotel. The event, whose honorary chairman was Dr. Donald Eddy raised $97,000 for the improvement of health care and services provided to the general population. Mr. Charles Olivier Thibeault — a lawyer in Lavery’s Health law group, secretary of the Fondation de l’Hôpital Jean-Talon’s board of directors and a member of the event’s campaign committee — represented the firm at the Gala. Founded in 1984, the Fondation de l’Hôpital Jean-Talon is a not-for-profit organization whose mission is to contribute to the improvement of health care and services provided to the population as well as to promote health in the community. To view photos of the event or for more information about the Fondation, please click here (link to French-only web page).
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Pier-Olivier Fradette of Lavery to give COMBEQ training session in partnership with the MMQ
Throughout 2016, Pier-Olivier Fradette, a lawyer whose practice focuses on municipal law, land use planning, and municipal contract management, will be giving a COMBEQ (Corporation des officiers municipaux en bâtiment et en environnement du Québec) and MMQ (Mutuelle des Municipalités du Québec) training session in several Quebec cities. The session, which is entitled “Permit, certificate or attestation issuance: an inventory of rules to be followed” (“Émission des permis, certificats ou attestations : inventaire des règles a` respecter”) will allow participants to broaden their knowledge regarding the latest changes in legislative and jurisprudential orientation in this field. This training is accredited to contribute to obtain the title of municipal officer in building and environment. For more information or to register for the session, please click here (link to French-only registration page).
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Élodie Brunet talks labour and employment law at a lunch conference at UdeM
On January 12, 2016, Élodie Brunet, a lawyer at Lavery, will discuss her experience in the practice of labour and employment law at a lunchtime talk organized by the Comité Droit du travail of Université de Montréal’s Faculty of Law. Ms. Brunet will share her thoughts on the legal aspects of the practice, which include, among other things, occupational health and safety, the types of mandates received, files handled and the decision-making bodies involved. She will also provide a few examples from actual cases.
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Lavery welcomes three new lawyers!
Lavery is proud to announce that Jessica Akué (Taxation, 2015), Maude St-Georges (Litigation, 2015) et Sibylle Ferreira (Financing, 2015) have recently joined the firm. Jessica Akué worked as a tax specialist in a prominent tax audit firm in France. She has a Masters in Business Law and another in Corporate Taxation. Maude St-Georges has a Bachelor in Civil Law from Université de Montréal and took part in a summer program at the China University of Political Science and Law. She is currently finishing her Comparative Law Master’s thesis at McGill University. Sibylle Ferreira has a Licentiate of Laws from the University of Geneva and practised as a lawyer in Geneva, primarily in civil litigation and family law, before moving to Quebec to complete a Master of Laws at McGill University. “The addition of these lawyers shows Lavery’s willingness to attract young talent who will reinforce our practice groups and the firm’s commitment to hiring young lawyers who were previously articling students with the firm," said Don McCarty, the firm’s Managing Partner. The year of call to the Quebec Bar appears in parentheses. Jessica Akué Maude St-Georges Sibylle Ferreira
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Seminar “How to franchise your Business”– with Jean-Philippe Turgeon
On January 15, 2016, Jean-Philippe Turgeon, a partner and the leader of Lavery's Franchising and Distribution Group, will lead a seminar entitled "How to franchise your Business" offered by the Conseil Québécois de la franchise (CQF). Mr. Turgeon will cover the following topics: what constitutes a viable concept open to franchising, what are the existing franchise types and the other products and services distribution structures, what is the most appropriate infrastructure to support a profitable and sustainable development of a franchise system, what are the key elements of a franchise agreement and an operation manual and, finally, what are the best practices to adopt in order to get the most out of the franchise business model and increase the value of a franchise system. Summary : please clik here (french only) Date : 15 Janvier 2016 Where : Lavery, 1 place Ville-Marie, 40e étage Duration : 8h30 à 16h For more information or to register for this seminar (places are limited), please contact Monique Grignon (CQF) at 514 340-6018.