Benjamin David Gross

Partner / Montréal
Telephone 514 877-2983
Fax 514 871-8977
[email protected]



Benjamin David Gross is a partner and a member of Lavery’s financial services and creditors' rights law, real estate law, mining law, consumer law, and entertainment and sports law groups. He is also the co-chair of Lavery’s infrastructure law group.

Mr. Gross is regularly called upon to guide his clients in the creation of optimum structures and practices for meeting their objectives in the most satisfactory and effective way possible. He advises them on creating a winning team, drafting both simple and complex documents (including contracts for PPPs, major projects and international/cross-border deals) designed to achieve desired outcomes and protect their interests throughout negotiations with numerous stakeholders.

Areas of practice that Mr. Gross actively contributes to include banking law and the negotiation and drafting of loan documents (corporate and consumer credit) and the related movable and immovable security agreements, leasing contracts, leases, and installment sales contracts (aircraft, rolling stock, heavy machinery, etc.).

Over the years, Mr. Gross has also developed a practice in non-litigious areas of commercial law related to insolvency, bankruptcy, the enforcement of movable and immovable security, the Consumer Protection Act, and competition law, in order to better provide his clients with sound legal advice encompassing a broad spectrum of business contingencies and considerations.

Further, Mr. Gross also participated in drafting:

  • the chapter on class actions under the Competition Act in the Manuel de droit de la concurrence (Lois, analyse et commentaires) by Lavery LLP (Cowansville: Les Éditions Yvon Blais, 2004);
  • a Q&A guide entitled Aviation finance in Canada: overview and published in the first edition of Practical Law’s Aviation Finance Global Guide.

Mr. Gross is listed in the 2017 and 2016 Canadian Legal LEXPERT® Directory in the fields of asset and equipment finance and leasing, was recognized as a mining law leader in LEXPERT®’s publication Leading Canadian Lawyers in Global Mining (as well as an attorney to watch in such field),, and as a leading infrastructure lawyer in LEXPERT®’s publication Canada’s Leading Infrastructure Lawyers published in the report on Business Magazine of the Globe and Mail in 2017.

Representative mandates 

Financial Services and Creditors’ Rights (including Asset Based Lending)

  • Legal counsel to financial institutions, lenders' syndicates, finance companies, and borrowers for the purposes of very large, large, and small financings of companies active in the fields of communications, agrifood, metallurgy, processing of minerals and other raw materials, clothing, transportation, technology, recycling, packaging, leisure, medicine, and the environment, including in the context of acquisitions
  • Draft models of loan agreements, mortgage loans, legal opinions, leasing contracts, leases and installment sale agreements for leading North American financial institutions, finance companies, and insurance companies
  • Legal counsel to major lessors for their day-to-day operations, the establishment of vendor programs, and purchases of portfolios
  • Legal counsel for financings of luxury private jets, rail cars and vessels
  • Establish consumer credit and credit card programs and draft model documents

Mining and Energy Law

  • Quebec counsel to Osisko Gold Royalties in its acquisition of the Orion Mine Finance royalty portfolio (world-wide) for C$1.125 billion
  • Legal counsel for the Caisse de dépôt et placement du Québec with regard to multiple financings offered to Stornoway Diamond Corporation by Orion Mine Finance, CDPQ, and Investissement Québec totaling $946 million for the construction and operation of the Renard diamond mine
  • Counsel to Magris in the context of the $550 million purchase of the Niobec Mine
  • Counsel for the day to day operations of many publicly listed mining companies in Canada
  • Acted in purchases and financings of mines on every continent across the world
  • Acted in the financing of the Sheldrake hydro-electric damn
  • Acted in the financing of wind power fields, solar projects and other green energies

Infrastructure and Real Estate

  • Drafting, negotiating and counseling clients in local and international infrastructure complex projects, PPPs and hybrid structures
  • Counsel to Broccolini for the construction of the new Maison Radio Canada (CBC tower in Montreal) for approximately C$200 million
  • Lead counsel to winning bidder for major contracts for the maintenance of train lines
  • Lead counsel for bidders for multiple compost projects
  • Lead counsel for the construction, sale and financing of hotels, senior residences, shopping malls and residential buildings
  • Legal counsel to a financial institution for the financing of a quay and a new basin for ships and visitors at the Old Port of Montréal
  • Co-lead counsel for the construction and financing of the Montreal Canadian’s practice arena in Brossard
  • Counsel to losing bidder for two high profile highway projects

Sports and Entertainment Law

  • Legal counsel to a lenders' syndicate for a loan totaling $265 million to the Montreal Canadians. In a separate matter, advised the latest buyer of the hockey team.
  • Legal counsel to financial institutions and finance companies for the financing of box office hits such as The Host, Red 2, The Immortals, Barney’s Version, Snow White, The Aviator, Human Trafficking, and  TV shows such as Les enfants de la télé
  • Counsel to IBMG in the signing of professional Israeli basketball teams to pre-season games in the National Basketball Association
  • Counsel to minor league hockey teams in respect of the construction of new arenas  and/or financing matters
  • Counsel to various musicians in their signing of contracts with record labels
  • Drafting of licensing, production and co-production agreements
  • Counsel to lenders for the financing of golf courses, ski hills and amusements centers

Commercial/Mergers and Acquisitions

  • Counsel for buyers and sellers of large (including multinational), medium and small scale businesses, whether by way of assets or equity, or where the target is a private or publicly traded entity

Competition and Antitrust Law

  • Advise clients, draft manuals and guides, and give seminars on subjects related to the Competition Act 

Professional and community activities

  • Institut pour le partenariat public-privé (IPPP)
  • Prospectors and Developers Association of Canada (PDAC)
  • Canadian Council for Public-Private Partnerships (CPPP)
  • Lease Enforcement Attorney Network (LEAN) (USA)
  • Member of the Board of directors of the Jewish Rehabilitation Hospital Foundation (Laval)
  • Canadian Finance and Leasing Association (CFLA)
  • Equipment Finance and Leasing Association (USA) 
  • Lord Reading Law Society
  • President of 2011 Gala - Kollel Avreichim
  • Former member of the Executive committee of the Mizrahi (World) Organization
  • Former member of the Executive committee of Congregation Beth Ora


  • Lexpert Special Edition on Canada's Leading Infrastructure Lawyers as leading lawyers in the field of Infrastructure, 2017
Lexpert 2016


  • LL.L. and LL.B. under the National Program, with distinction, Faculty of Commerce, (1995-1996, Dean's Honour Roll), McGill University, 2000
  • Member of the Barreau du Québec
    since 2001
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