Michel Servant

Profile

Partner

Michel Servant is a partner in Lavery’s Business Law Group. Michel’s practice is primarily focused in the areas of corporate, commercial, and securities law, with an emphasis on mergers and acquisitions and corporate finance.

Michel also regularly advises businesses based outside Québec regarding the application of Québec law, including the Charter of the French Language.

Michel has broad experience in cross-border transactions, public and private financings, take-over bids, listings on stock exchanges, acquisitions and sales of public and private companies, and drafting various commercial agreements on behalf of small, medium and large businesses. He has also developed a practice with regard to regulatory issues related to the distribution of financial products and services as well as to derivative products.

Michel is viewed by clients as being very practical and valued for his availability and responsiveness.

Representative Work

  • Counsel to the syndicate of underwriters/agents of Cominar Real Estate Investment Trust in the following transactions:
    • Private Placement of $200,000,000 of 4.5% Series 11 Debentures (2019);
    • Public Offering of $200,000,000 of units (2016);
    • Public Offering of $225,000,000 of 4.247% Series 10 Debentures (2016);
    • Public Offering of $300,000,000 of 4.164% Series 9 Debentures (2015);
    • Public Offering of $155,000,000 of units (2015);
    • Public Offering of $200,000,000 of 4.25% Series 8 Debentures (2014);
    • Public Offering of $250,000,000 of Series 6 Floating Rate Debentures and of $300,000,000 of 3.62% Series 7 Debentures (2014);
    • Public Offering of $287,502,300 of units (2014);
    • Public Offering of $100,000,000 of 4.941% Series 4 Debentures (re-opening 2014);
    • Public Offering of $100,000,000 of 4.941% Series 4 Debentures (re-opening 2014);
    • Public Offering of $250,000,000 of Series 5 Floating Rate Debentures (2013);
    • Public Offering of $100,000,000 of 4.941% Series 4 Debentures (2013);
    • Public Offering of $100,000,000 of 4% Series 3 Debentures (2013);
    • Public Offering of $100,000,000 of 4.23% Series 2 Debentures (2013);
    • Public Offering of $200,000,000 of 4.23% Series 2 Debentures (2012);
    • Public Offering of $125,000,000 of 4.274% Series 1 Debentures (2012);
    • Public Offering of $287,000,000 of units (2012);
    • Public Offering of $125,000,000 of 4.274% Series 1 Debentures (2012);
    • Public Offering of $172,524,150 of units (2012);
    • Public Offering of $201,258,452 of units (2012);
    • Public Offering of $143,541,380 of units (2011);
    • Public Offering of $111,950,500 of units (2011);
    • Public Offering of $115,000,000 of units (2010);
    • Public Offering of $86,250,000 of Subordinated Convertible Debentures (2010);
    • Establishment of an “at-the-market” equity distribution of up to 2,000,000 units (2009);
    • Public Offering of $115,000,000 of Subordinated Convertible Debentures (2009);
    • Public Offering of $57,500,000 of units (April 2009);
    • Public Offering of $57,500,000 of units (July 2009);
    • Public Offering of $110,000,000 of Subordinated Convertible Debentures (2007).
  • Counsel to TW SEF, a swap execution facility of interest rate swaps and credit default swaps, in the context of a definitive exemptive relief to be recognized as an Exchange pursuant to the Derivatives Act (Québec) (2017).
  • Co-counsel or Québec counsel to Integra Gold Corp. in the following transactions:
    • Sale of Integra Gold Corp. to Eldorado Gold Corporation in the context of a plan of arrangement for a consideration of approximately $590,000,000 (2017);
    • Public Offering of $15,975,000 of flow-through shares (2016);
    • Various Private Placements of flow-through shares (2014-2017);
    • Acquisition of Sigma-Lamaque Milling Facility and Mine from Samson Bélair/Deloitte & Touche Inc. as receiver to the assets of Century Mining Corporation (2014).
  • Counsel to the independent committee of directors of TeraXion Inc. in the context of the sale of its high-speed photonics components assets to Ciena Corporation for a consideration of approximately $46,600,000 (2016).
  • Counsel to the independent committee of the board of directors of an insurance company in the context of a going private transaction by the majority shareholder.
  • Counsel to BLF Real Estate Investment Trust and the Offeror, 8881723 Canada Inc., a corporation controlled by Mathieu Duguay and the Fonds immobilier de solidarité FTQ, in the context of the privatization of BLF Real Estate Investment Trust by way of a take-over bid (2014).
  • Counsel to Industrial Alliance Insurance and Financial Services Inc. in the following transactions:
    • Redemption of $100,000,000 of 5-Year Rate Reset Class A Shares, Series C (2013);
    • Redemption of $100,000,000 of 8.25% Subordinated Debentures (2013);
    • Preparation of a Base Shelf Prospectus for the issuance of securities of up to $1,000,000,000 (2013);
    • Public Offering of $237,500,000 of Common Shares (2013);
    • Public Offering of $250,000,000 of 4.75% Fixed/Floating Subordinated Debentures (2011);
    • Private Placement of $200,000,000 of Common Shares with Caisse de dépôt et placement du Québec (2011);
    • Public Offering of $100,000,000 of 5.90% non-cumulative Class A Preferred Shares, Series F (2010);
    • Public Offering of $100,300,000 of Common Shares (2010);
    • Public Offering of $100,000,000 of non-cumulative Class A Preferred Shares, Series E (2009);
    • Public Offering of $100,000,000 of 8.25% of Subordinated Debentures (2009);
    • Public Offering of $100,000,000 of 5-Year Rate Reset Class A Preferred Shares Series C(2008).
  • Counsel to IAMGOLD Corporation in the following transactions:
    • Private Placement of $43,316,000 of flow-through shares (2011);
    • Private Placement of $10,000,017 of flow-through shares (2010);
    • Private Placement of $31,500,000 of flow-through shares (2010);
    • Private Placement of $20,000,000 of flow-through shares (2009);
    • Private Placement of $8,500,002 of flow-through shares (2008).
  • Co-counsel to OMERS Private Equity Inc. in the context of the privatization of Logibec Groupe Informatique Ltée by way of a take-over bid for a consideration of approximately $250,000,000 (2010).
  • Member of the team of external counsels advising the Autorité des marchés financiers with respect to the discussion paper entitled “Quebec Proposed Derivatives Frame Work” and for the preparation of a draft of the Derivatives Act, its regulations, and its companion policies (2006 to 2008);
  • Counsel to the syndicate of agents of Gaz Métro Inc. in the following transactions:
    • Public Offering of $150,000,000 of 4.93% Series L First Mortgage Bonds;
    • Public Offering of $150,000,000 of 5.40% Series L First Mortgage Bonds.
  • Counsel to Intercable ICH Inc. in connection with its initial public offering of $22,000,000.
  • Counsel to a public company in connection with the acquisition of an operating mining company based in China.
  • Counsel to a major financial institution in connection with the execution of various commercial agreements (2005 to date).
  • Counsel to a telecommunications company in connection with public and private equity and debt offerings totaling more than $500,000,000.
  • Counsel to the promoter of a group savings plan for the offering of its financial products.
  • Structuring the distribution of financial products of an investment fund.
  • Counsel to the special committee of a public company established to evaluate strategic alternatives, including merger or sale of the company.

Professional and Community Activities

Member of the Prestige Event Committee of HEC Montréal Alumni (2018 to date).

Moderator in Lavery’s conference on Québec Bill 141 (2019).

Chairman of HEC Montréal Alumni’s Prix Relève d'Excellence Committee. This competition recognized the professional success of HEC graduates, aged 35 years and under, in four different categories: large enterprises, small and medium enterprises (SME), entrepreneurs and young professionals. The award winners were selected by a jury of experienced business people (2006 to 2017).

Member of HEC Montréal Alumni’s Prix Relève d'Excellence 2005 Committee.

Member of the recruiting committee of Lavery (2010 to 2014).

Participation in the Québec Annual Securities Law Practionners’ Conference by the Corporate Finance Advisory Committee of the Autorité des marchés financiers (2017 to date).

Distinctions

  • Acted as counsel in a transaction honored in Lexpert® Magazine as one of the Top Ten Deals (2012), said transaction being the acquisition of approximately $838,000,000 of Canmarc Real Estate Investment Trust by Cominar Real Estate Investment Trust (counsel to the syndicate of underwriters in the units financing of Cominar for more than $350,000,000).
  • Acted as co-counsel in a transaction that received the Mid-Market Private Equity Award delivered by the Canadian Dealmakers Awards program founded by Deloitte, Lexpert®, The Globe and Mail, and Thompson Reuters, said transaction being the acquisition of Logibec Groupe Informatique Ltd. by OMERS Private Equity Inc. by way of a take-over bid for a consideration of approximately $250,000,000 (co-counsel to OMERS Private Equity Inc.).

Education

  • Université de Montréal, LL.B., 1993
  • HEC Montréal, B.A.A. Finance, 1990
  • Université de Poitiers (France), European Community Law
  • Dalhousie University (Halifax), Introduction to Common Law

Boards and Professional Affiliations

  • American Bar Association
  • Canadian Bar Association
  • HEC Montréal Alumni
  • Member of Québec Bar since 1994
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