Jean-Yves Simard

Partner / Montreal
Telephone 514 877-3039
Fax 514 871-8977
jysimard@lavery.ca

Profile

Interim Partner Director

Jean-Yves Simard is an interim partner director, member of the board of directors of the firm, who specializes in commercial litigation, bankruptcy and insolvency,  extraordinary remedies, and realizing on security. 

Mr. Simard acts in commercial litigation of all kinds, major insolvency cases, shareholder disputes, securities litigation, liquidation proceedings, injunctions, and cases involving the realization of movable and immovable security.

At conferences organized by the Canadian Bar Association, Insight, The Canadian Institute, and the Canadian Finance and Leasing Association (CFLA), and at business luncheons held for the firm’s clients, Mr. Simard has spoken on subjects related to commercial litigation, bankruptcy and insolvency, realizing on security, and civil procedure.

Mr. Simard is listed in the 2017 edition of Best Lawyers in Canada as a leading practitioner in the fields of corporate and commercial litigation, as well as restructuring and insolvency.

In 2009, Mr. Simard served on the jury for the oral exam administered by the Superintendent of Bankruptcy for trustee candidates for the Province of Quebec.

Mr. Simard also teaches at the École du Barreau du Québec.

Mr.Simard has written numerous articles and given many talks, including the following:

  • Safeguard and interim orders as part of an oppression remedy”, conference presented to judges of the Québec Superior Court-Commercial division(December 15, 2015)
  • The outside counsel and in-house lawyer : succeeding together”, presented to members of the Bar of Montreal (March 17, 2015)
  • “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)
  • “The ‘Critical Supplier’ in Québec Jurisprudence and a Quebec Perspective on Indalex” as part of the Eighth Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association (October 12, 2012)
  • “Bitter Bidder Bites the Dust” (2010) 25 N.C.D. Rev. 60
  • “Introduction to Canadian Bankruptcy and Insolvency” as part of the NACM Conference in Quebec City (June 20, 2013)
  • “2011 Update on Insolvency Law in Quebec” as part of the Seventh Annual Pan-Canadian Insolvency and Restructuring Law Conferene 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 winding-up remedies are also available].

Publications

These newsletters are available on Lavery's website (Lavery – Publications – Jean-Yves Simard) or by contacting Mr. Simard's assistant.

Distinctions

Best Lawyer 2016 Best Lawyer 2017

Education

  • LL.B., Université de Montréal, 1987
  • Member of the Barreau du Québec since 1988

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
  • Member of the American Bankruptcy Institute (ABI)
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