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Jean-Yves
Simard

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Direct line:
514 877-3039

Fax:
514 871-8977

jysimard@lavery.ca

Montreal


Biography

Partner
Jean-Yves Simard is the coordinator of the Commercial Litigation and Restructuring, Insolvency and Banking Law group. He specializes in commercial litigation, bankruptcy and insolvency, securities law, extraordinary remedies and realizing on security. He is involved in commercial litigation of all kinds including disputes between shareholders, securities law litigation, liquidation proceedings, major insolvency and restructuring cases, injunctions, and cases involving the realization of movable and immovable security.

Mr. Simard speaks on subjects relating to commercial litigation, bankruptcy and insolvency, realizing on security, and civil procedure at events arranged for his clients as well as at conferences organized by the Canadian Bar Association, Insight, The Canadian Institute and the Canadian Finance and Leasing Association (CFLA).

Mr. Simard is also listed in the 2014 edition of Best Lawyers in Canada as a leading practitioner in the fields of Corporate and Commercial Litigation and Insolvency and Financial Restructuring.

He has authored numerous works and given many conferences, including :

  • 2013 Update on Insolvency Law in the Province of Québec” as part of the Ninth Annual Pan-Canadian Insolvency and Restructuring Law Conference in Calgary (September 20, 2013)
  • Introduction to Canadian Bankruptcy and Insolvency” as part of the NACM Conference in Quebec City (June 20, 2013)
  • The ‘Critical Supplier’ in Québec Jurisprudence and a Québec Perspective on Indalex” as part of the Eight Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association (October 12, 2012)
  • 2011 Update on Insolvency Law in Quebec” as part of the Seventh Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
  • Plan of arrangement under the CCAA or assignment in bankruptcy under the BIA: which takes priority?” (2011) 26 N.C.D. Rev. 8
  • Bitter Bidder Bites the Dust” (2010) 25 N.C.D. Rev. 60
  • Risk Management and Commercial Contracts” given at a Lavery symposium
  • 2010 Update on Insolvency Law in the Province of Québec” as part of the Sixth Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
  • « Le nouvel Article 45 du Code du travail et l'exploitation continue dans un contexte d'insolvabilité » [New article 45 of the Labour Code and continuous operation in an insolvency context]
  • « Les droits et obligations du bailleur, du locataire et du syndic dans un contexte d'insolvabilité » [The rights and obligations of the lessor, the lessee and the trustee in an insolvency context]
  • « Certains recours des actionnaires de compagnies privées: il n'y a pas que l'oppression ! L'action dérivée et le recours en liquidation » [Remedies available to shareholders of private corporations are not limited to oppression! The derivative action and the winding-up remedy are also available].

In 2009, Mr. Simard sat on the jury for the oral exam administered by the Superintendent of Bankruptcy for the candidate trustees for the Province of Quebec.

Mr. Simard also teaches at the Quebec Bar Admission course

Publications

  • Does the federal pension deemed trust outrank a perfected security interest in the context of CCAA proceedings? The Superior Court of Québec weighs in
    Need to Know — April 2014, Jean-Yves Simard, François Parent, Josée Dumoulin and Brittany Carson
  • The Supreme Court rules in Indalex: DIP lenders rank ahead of pension beneficiaries in CCAA Restructuring, In Fact and in Law — April 2013 Jean-Yves Simard and Josée Dumoulin and François Parent
  • Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement, In Fact and in Law — October 2012 Jean-Yves Simard
  • CCAA: Is the termination of employment contracts subject to section 32 CCAA?, In Fact and in Law — October 2012 Jean-Yves Simard
  • The « Critical Supplier » in Québec Jurisprudence and a Québec Perspective on INDALEX, Other — October 2012 Jean-Yves Simard
  • Superior Court refuses to import Indalex decision into Québec law, In Fact and in Law — July 2012 Jean-Yves Simard
  • The Doorcorp Case: The Court of Appeal renders yet another decision on section 139 BIA and the postponement of claims, In Fact and in Law — June 2012 Jean-Yves Simard
  • Secured or postponed: Where does the secured lender who shares?, In Fact and in Law — July 2011 Jean-Yves Simard
  • BIA: Equity claims in proposals – A look at new section 54.1 BIA, In Fact and in Law — March 2011 Jean-Yves Simard
  • CCAA: Bet on the right horse – the “stalking horse” in Quebec, In Fact and in Law — February 2011 Jean-Yves Simard
  • CCAA: The use of credit bids at an auction is scrutiniezed by Quebec Courts, In Fact and in Law — January 2011 Jean-Yves Simard and Jonathan Warin
  • Bitter Bidder Bites the Dust, In Fact and in Law — July 2010 Jean-Yves Simard
  • Plan of Arrangement Under the CCAA or Assignment in Bankruptcy Under the BIA: Which Takes Priority?, In Fact and in Law — June 2010 Jean-Yves Simard and Dominique Vallières
  • Bankruptcy: RRSPs and Life Insurance Policies - The Supreme Court Rules on the Trustee's Rights, In Fact and in Law — November 1999 Jean-Yves Simard
  • RRSPs - Are they subject to seizure ?, Other — October 1995 Serge Bourque and Jean-Yves Simard


Professional affiliations

  • Executive Member of the National Brankruptcy, Insolvency and Restructuring Law Section of the Canadian Bar Association
  • Canadian Bar Association
  • INSOL
  • Member of the Canadian Insolvency Foundation
  • Member of the Turnaround Management Association

Education

  • Université de Montréal, LL.B., 1987
  • Member of Quebec Bar since 1988