Sébastien Vézina Partner, Lawyer

Sébastien Vézina Partner, Lawyer

Profile

Partner

Sébastien Vézina is a partner in the firm’s Business Law group and the Head of the Sports and Entertainment Law team and recognized by the Best Lawyers directory in Sports Law.

Sébastien’s expertise lies in his exemplary ability to negotiate complex commercial agreements, in accordance with the highest standards of the legal industry. Recognized by the clients for his strong interpersonal skills, keen business sense and availability, he always adapts his strategic and legal advice to the business reality of the companies and organizations he works with.

Sébastien represents a number of corporations along with various private equity funds and institutional investment firms in Canada and the United States. He acts as legal counsel and special advisor to corporate, institutional, private and governmental sector clients, representing them in their private and public business transactions, both nationally and internationally.

Over the years, he has refined his practice and developed a particular interest in negotiating commercial agreements with companies in the sports industry. Also, he is involved in charitable, community and sports organizations and associations.

Sports Law

Sébastien’s sports law practice focuses on sports franchise investments and acquisitions, sports facility management, commercial transactions, team-related transactions, intellectual property protection and enforcement of the applicable laws in this matter, the staging and operation of live sports and other events, public and media affairs and other types of professional sports-related projects.

He provides business and regulatory advice to sports teams, players, agents, owners, senior managers, sponsors, agencies, event promoters, team members, athletes and emerging digital businesses of all kinds. Over the years, he has gained experience in the development and financing of sports properties and commercial sports projects, as well as in corporate transactions and mergers and acquisitions involving Canadian and American sports leagues and clubs.

In addition, Sébastien is particularly interested in sports talent. He negotiates and drafts contracts entered into with key sports managers and contracts for other sports personnel, as well as contracts promoting his clients’ talents (including on-air talent and, in particular, former athletes, sports journalists and sports managers). He also helps his clients gain visibility, promote themselves and participate in conferences.

Sébastien is also able to provide advice to sports organisations and associations that are subject to investigations pertaining to behavior or resulting from whistleblower complaints. He is also able to conduct investigations and prepare independent investigation reports into all forms of alleged misconduct, and issue recommendations.

Particularly active in the professional hockey industry, Sébastien has close ties with a number of stakeholders in the sports and entertainment industries giving him in-depth knowledge of the industry. 

In addition to his role as a partner, Sébastien is also a sports and entertainment commentator. In this capacity, several publications have been produced in recent months. You can access all articles by clicking on the links below:

Representative mandates in Sports Law

Professional Hockey

  • Representation of hockey promoters in connection with the acquisition of a potential National Hockey League (NHL) hockey club;
  • Representing a consortium of investors in connection with a bid to have a National Hockey League (NHL) hockey club play a series of games in Québec City;
  • Representation of a group led by the Molson brothers in connection with the acquisition of the Montreal Canadiens hockey club;
  • Representation of Marc Bergevin in connection with his appointment as Executive Vice President and General Manager of the Montreal Canadiens hockey club;
  • Representation of sports coaches in connection with their nomination as head coach or assistant coach of professional hockey clubs, such as Guy Boucher, Jacques Martin and Martin Raymond;
  • Representation of Pat Brisson and JP Barry, two leading hockey player agents, in connection with the acquisition of IMG’s hockey players’ representation business and the negotiation of a strategic partnership arrangement with Creative Artists Agency (CAA);
  • Representation of Luc Robitaille, President of the Los Angeles Kings hockey club, in connection with speaking engagements; and
  • Representation of Los Angeles Kings Hockey Club, L.P. and AEG Facilities Canada ULC in connection with their respective registration with the Registry of Lobbyists.

Junior Hockey and M18 AAA

  • Representation of the Quebec Maritimes Junior Hockey League in connection with updating its legal structure and governance, including creating and organizing a new entity under the Canada Not-for-profit Corporations Act, reviewing its governance structure and drafting its new constitution and regulations;
  • Representation of the Ligue de développement du hockey M18 AAA du Québec in connection with updating its legal structure and governance, reviewing its governance structure and updating its constitution and regulations;
  • Representation of Benoît Robert and his partners in the sale of American Hockey Group, LLC (AHG), the operating company of the Omaha Lancers hockey club of the United States Hockey League (USHL), pursuant to which all of the membership interests of AHG were sold to Crossbar Down, LLC, a Nebraska company;
  • Representation of Daniel Brière in connection with the acquisition of an interest in the capital of the Blainville-Boisbriand Armada hockey club, a member of the Quebec Major Junior Hockey League;
  • Representation of a lender in connection with a corporate loan granted to the Val-d’Or Foreurs hockey club, a member of the Quebec Major Junior Hockey League; and
  • Representation of a group of investors comprised on sportscasters and current and ex-NHLers for a contemplated acquisition and relocation of a Quebec Major Junior Hockey League hockey club.

Other Sports

  • Representation of Société du parc Jean-Drapeau in the strategic review of the calendar for the Grand Prix du Canada, Canada's most significant tourist event;
  • Representation of Soccer Québec in the negotiation of a partnership agreement with Montréal FC football club;
  • Representation of a group of investors in connection with the acquisition of the Montreal Alouettes football club of the Canadian Football League (CFL);
  • Representation of Groupe Yvon Michel Inc. (GYM) in connection with permitting procedures and exhibitions of boxing events in multifunctional arenas and casinos; and
  • Representation of Groupe Yvon Michel Inc. (GYM) in connection with a series of promotional agreements with Top Rank, Inc. and Matchroom Boxing Limited, boxing promotion companies affiliated with the American sports television channel ESPN and the online streaming service DAZN, in order to co-promote multiple fights.

Brand, Publicity and Sponsorship

  • Representation of track and field and Olympian athlete Bruny Surin in connection with endorsement engagements, management of trademark portfolio and sponsorship representation arrangements;
  • Representation of track and field and Olympian athlete Bruny Surin in connection with a lawsuit against Puma North America Inc. and Puma Canada Inc. for illegal use of trademarks and brand image;
  • Representation of diver and Olympian athlete Jennifer Abel in connection with her endorsement engagements and sponsorship representation arrangements;
  • Representation of a leading sponsor of the Canadian Football League (CFL) in connection with the negotiation of a sponsorship agreement; and
  • Representation of the sports agency Spring Management Inc. in connection with its business and strategic matters.

 

Distinctions

  • The Best Lawyers in Canada in the field of Sports Law, since 2025
  • Recognized as a Leading Author for Media, Telecoms, IT, Entertainment, Canada, Mondaq Thought Leadership Awards, Spring 2024
  • Recognized as a leader in the field of mining (International & Cross-Border), Chambers Global, 2024
  • The Best Lawyers in Canada in the field of Mergers and Acquisitions Law, since 2021
  • Chambers Canada in the field of Energy and Natural Resources: Mining, since 2020
  • Lexpert Special Edition – Canada’s Leading Energy Lawyers as a leading lawyer in energy law, 2017
  • The Canadian Legal LEXPERT® Directory in the field of mining law, since 2014

Education

  • LL.B., University of Western Ontario, 1997
  • LL.B., Université Laval, 1996

Boards and Professional Affiliations

  • Member of the Sports Lawyers Association
  • Member of a think tank on infrastructure upgrading and modernization in Quebec
  • Member of the 2022 Memorial Cup Site Selection Committee of the Canadian Hockey League
  • Member of the Executive Committee of the Yvon Michel Foundation
  • Member of the Board of Directors of Technicolor Canada Inc.
  • Member of the Board of Directors of Technicolor Home Entertainment Services Canada ULC
  • Member of the Board of Directors of the MAD Festival
  • Corporate Secretary for AquaAction
  • Corporate Secretary for the de Gaspé Beaubien Foundation
  1. Charting Your Course: Ensuring Language Compliance Beyond and During the Deal

    This article is part of our two-part series on what foreign buyers of, and investors in, business ventures need to know about the Charter of the French language (the “Charter”) in the context of a business transaction involving operations and employees in Quebec. The first instalment focused on French language issues during the due diligence process. Reference is made to the following hyperlink for access to part one. Continuing our exploration of the Charter in the context of merger and acquisition transactions, this part two focuses on the importance of language compliance during and after the deal-making process, from incorporating language obligations into representations and warranties to post-closing strategies for addressing compliance issues. 6. In the Deal-Making Process: Your Closing Documents Representations and warranties in transaction documents shall generally address language-related matters. For example, the target corporation may be required to represent and warrant that it has fulfilled its language obligations as imposed by the Charter. As a foreign buyer/investor, you may want to ensure that findings from the due diligence investigation are incorporated into the representations and warranties of your share or asset purchase agreement. As you prepare your closing agenda, it is of utmost importance to assess whether the principal and accessory agreements themselves will be subject to French language requirements. For example, it will be advisable to translate into French restrictive covenant agreements or intellectual property assignment agreements that will be applicable to Quebec-based employees or other agreements that may be deemed contracts of adhesion. The requirement to translate any agreement or documents following the results of the due diligence analysis can be included as a closing deliverable in a form satisfactory to the foreign buyer/investor. 7. Post-Closing: Addressing Language Compliance Beyond the Deal Obviously, not all aspects of French language compliance under the Charter will be addressed during the merger and acquisition transaction itself. Potential areas of non-compliance noted during the due diligence stage can give dealmakers a roadmap of steps to undertake after closing to mitigate risks. In recent transactions, there has been a growing need for law firms to provide post-closing support in French language matters. If a purchase price adjustment clause is included in the share or asset purchase agreement, a buyer/investor could benefit from using the costs associated with rectifying any translation defaults as a lever for the negotiation of the price to be paid. This could also include any penalties imposed by the OQLF on the target corporation. Recent amendments to the Charter have significantly increased the fines that a corporation may face for non-compliance with an order issued by the OQLF, which range from $3,000 to $30,000. These fines are doubled for a second offence and tripled for subsequent offences. If an offence persists for more than one day, it is considered a separate offence for each day it continues. Additionally, directors of the corporation are presumed to have committed the offence unless they can demonstrate that they exercised due diligence by taking all necessary precautions to prevent the offence. In cases of complaints, our experience indicates that the OQLF tends to prioritize achieving compliance rather than imposing fines when companies are responsive to complaints. This presents a positive outlook for foreign buyers/investors, as it underscores that the intent of the new Charter and its enforcement provisions is not to penalize foreign buyers/investors, but rather to reaffirm the status of the French language as the official language of work and business in Quebec. Conclusion Prospective foreign buyers/investors may question the wisdom of doing business in Quebec, given its Charterrequirements. However, achieving Charter compliance can provide a distinct competitive edge. By embracing it, you open doors to the predominantly French-speaking market in and outside Quebec, unlock opportunities in thriving sectors like mining, renewable energy and aerospace, and pave the way for lucrative partnerships with the Quebec government. However, considerations relating to the French language shall not be overlooked when it comes to due diligence or other phases of a merger and acquisition transaction as compliance is key to accessing the thriving Quebec market. Moreover, failing to address these aspects could result in various challenges to a buyer/investor’s entry into the market, such as the unenforceability of restrictive covenant agreements with key employees, potential fines, penalties and director liability. A reputational risk can also be associated with non-compliance with the Charter, in light of the media attention that surrounds this type of issue in the Quebec landscape. By adhering to the requirements of the Charter, foreign buyers/investors can position themselves as responsible corporate citizens and set the stage for successful ventures in Quebec's dynamic business landscape. As more guidance becomes available regarding the application of the new provisions of the Charter, and as we gain practical experience from upcoming transactions with foreign investor/buyers, additional instalments to this series will be published.

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  2. The Government of Canada extends the Mineral Exploration Tax Credit for an additional Two years

    On March 3rd, 2025, the Department of Finance Canada announced a two-year extension to the 15% Mineral Exploration Tax Credit (“METC”) available to investors in flow-through shares. The extension means that the METC will be effective until March 31, 2027. This announcement came at a time when uncertainty loomed over the industry and some stakeholders feared that the government would not renew the METC. Over time, this tax credit has become a key component of flow-through share financings. It is intended to enhance the tax deductions already available to flow-through share holders and ultimately help companies raise capital for mineral exploration. The METC was last renewed in 2019 for a five-year period, indicating the government’s long-term commitment to the sector at that time. And while this renewal is welcome news for exploration companies, it should be noted that the shorter two-year horizon of the extension does not provide the same assurance regarding the incentive’s future. It is possible that this two-year renewal reflects the government’s intention to promote the new 30% Critical Mineral Exploration Tax Credit (“CMETC”) instead, on which more information can be found here: Federal Budget 2022: Good News for Mining Exploration Companies! In closing, it is important to note that the one-year extension to the 15% METC will not affect the period during which the 30% CMETC is available for critical mineral exploration, which will end on March 31, 2027, and is subject to renewal. If you were planning on financing non-critical mineral exploration, you may want to complete this transaction within the next two years in order to benefit from the 15% METC. Our team of professionals specializing in securities, mining law and taxation is available to answer any questions you may have concerning this new measure and to guide you in arranging a successful flow-through financing.

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  3. Charting Your Course: Navigating Quebec’s Language Landscape in Business Transactions

    This article is part of our two-part series on what foreign buyers of, and investors in, business ventures need to know about the Charter of the French language (the “Charter”) in the context of a cross-border transaction involving operations and employees in Quebec. This first instalment will focus on French language matters during the due diligence process. The upcoming second part will address the importance of language compliance during and after the deal-making process. While much has been said about the impact of the Charter on business operations and commercial activities in Quebec, we are here to tackle the Charter's crucial considerations within the realm of merger and acquisition transactions. This is a direct address to foreign dealmakers, not just those conducting business in Quebec. Lavery understands that the new Charter requirements may appear daunting and potentially deter prospective foreign dealmakers. Let us help you understand how to address French language issues in the context of a merger and acquisition transaction in this two-part series.  1. Your First Step: Initiating an Access to Information Request with the Quebec French Language Board One of the initial steps that should generally be taken is submitting an access to information request to the Quebec French Language Board (“OQLF”), which is the administrative body responsible for defining and conducting the province’s policy on linguistic matters. This allows for the uncovering of any undisclosed complaints or claims related to language matters that may have been processed by the OQLF. By making an access to information request to the OQLF, a party can also obtain information about the status of the francization procedures of the target corporation (e.g., whether it has registered with the OQLF, has obtained a francization certificate or is required to implement a francization program). Depending on the size of the workforce of the target corporation in Quebec, Charter obligations will vary. The francization process refers to the steps that must be taken by corporations to comply with Title II, Chapter 5 of the Charter. For enterprises with a workforce of at least 25 employees in Quebec, registration with the OQLF is mandatory as of June 1, 2025.1 Following registration, the enterprise must provide an analysis of its linguistic situation within a period of three (3) months. The ultimate objective of the linguistic analysis program is to obtain certification of francization confirming that French is widely used within Quebec operations. If the OQLF deems that the use of French is not widespread, the corporation will be required to develop and adopt a francization program, which may entail, for example, a requirement to translate into French various types of materials applicable to employees or relating to Quebec operations. For corporations with a small number of employees in Quebec (less than 25), there is no requirement to register with the OQLF or to demonstrate the widespread use of French in Quebec. In such cases, risks associated with language matters usually arise on a complaint basis. Depending on the scope and materiality threshold of the due diligence, a buyer/investor may elect to focus less on French language matters during the employment due diligence investigation if the corporation has a limited number of employees in Quebec. 2. Main Compliance Considerations: Employment Agreements and HR Documentation Among other requirements, the Charterentitles Quebec staff to receive written communications from their employer in French. As such, during due diligence, it is important to revise employment-related policies and documentation and inquire as to whether this documentation has been made available to employees in French. Particular attention shall also be paid to the language of employment agreements. Further to recent amendments of the Charter, employers must now generally provide employees, since June 1, 2022, with a French version of their employment agreements prior to execution. Employees may agree to be bound by the English version only if, after being provided with a French version, they specifically request to be bound by the English version. If a French version was not provided prior to execution, the enforceability of the employment agreements could be at risk (including any restrictive covenants contained therein, such as non-competition, non-solicitation and intellectual property assignment clauses). Post-closing, steps shall be undertaken to ensure that all template employment agreements that target Quebec employees are translated into French. If the dynamics of the deal allow for it, these steps can also be taken prior to closing during the deal-making process. 3. Contract Checkpoint: Analyze the Target Corporation’s Agreements and Understand Its Business Relationships As a foreign buyer/investor, it is essential to consider the nature of the target corporation’s commercial transactions, whether they involve businesses or individual consumers.  If such transactions involve the execution of contracts of adhesion, i.e., contracts predetermined by one party that are not negotiable, it is essential to ensure that a French version of these contracts exists. The reason is simple: since June 1, 2023, the Charter mandates that an adhering party must be presented with the French version of a contract of adhesion before the parties can expressly agree to be bound by a version in another language. For example, a standardized service agreement that is not open to negotiation would be subject to such requirement. If the target corporation has not complied with the above-described requirement, the adhering party may request the annulment of the agreement under the provisions of the Charter. As a consequence, the risks associated with the enforceability of contracts of adhesion must be taken into account during the due diligence process. Further, if the due diligence investigation reveals that the target corporation has not prepared a French version of its contracts of adhesion, the buyer or investor may request that such versions be prepared as part of the closing deliverables of the merger and acquisition transaction. As part of the due diligence process, a prudent foreign buyer/investor shall also carefully consider the language in which real estate agreements are drafted as well as the language of registrations made in the Quebec register of personal and movable real rights (“RPMRR”) and the Quebec land register (“Land Register”). As of June 1, 2022, contracts for the sale or exchange of residential properties—particularly those with fewer than five dwelling units or the contracts for the sale or exchange of a fraction of an immovable held in co-ownership must be drafted in French. This requirement extends to promises to contract and preliminary agreements made between the buyer (if the buyer is a natural person) and the builder or developer. While parties do have the option to draft these documents in another language if they explicitly choose to do so, if such contracts are intended for registration in the Land Register, they must be accompanied by a certified French translation. This would be the case, for instance, if they were originally drafted and signed in English. Since September 1, 2022, the Charter provides that all applications for registration in the RPMRR and the Land Register must be drawn up exclusively in French.  Applications for registration in the RPMRR are made using a prescribed form. As such, only the information required by the form (e.g., description of the property covered by a movable hypothec) needs to be translated into French. The rule applies differently for registration in the Land Register as the entire deed, in which case a summary or extract thereof must be submitted. Given this context, it is imperative to analyze the target corporation’s real estate contracts to identify any documents that may require translation. 4. Trademark Compliance Check Before the publication of the Regulation to amend mainly the Regulation respecting the language of commerce and business in its final form on June 26, 2024 (the “Regulation”), there was considerable concern regarding the use of unregistered trademarks in a language other than French. The Regulation has reintroduced the exception for “recognized” trademarks, which includes trademarks that are registered with the Canadian Intellectual Property Office and common law marks. For more information on the French language rules applicable to the use of trademarks in a language other than French as a result of the adoption of the Regulation, we invite you to refer to the following article [include hyperlink] written by our intellectual property experts. In this context, the due diligence process regarding trademarks remains unchanged. Registration of trademarks within a transactional framework remains of critical importance to protect an owner’s rights. Although the exception provided by the Charter for common law trademarks can be relied upon, it is highly recommended to proceed with the registration of such trademarks to prevent any debates as to whether a trademark qualifies as a common law mark. Post-closing, any of the target corporation’s trademarks should ideally be registered. 5. On Website Watch: Review of Target’s Commercial Documentation and Website A cautious buyer/investor will want to request that the target corporation provide all commercial publications that it makes available to the public (whether in a paper or electronic format). In accordance with the Charter, any catalogues, brochures, commercial directories, order forms and any other documents of the same nature that are available to the public must be available in French. Moreover, such documents must be equally accessible to their counterparts in another language. During the due diligence investigation, it is crucial for a buyer/investor to thoroughly review the target corporation's website to ensure compliance with the Charter. The buyer/investor shall examine if all commercial publications and relevant documents of a commercial nature are available in French. In practice, a buyer/investor may decide to completely translate the target corporation’s website. A cautious buyer/investor will also carefully analyze the French version of the target’s commercial documentation to ensure that it meets the same standards of accessibility and quality as the version in the other language. Conclusion Understanding and prioritizing compliance with the Charter is essential for foreign buyers and investors engaging in business transactions involving operations and employees in the province of Quebec. By proactively addressing the linguistic considerations outlined in the Charter, dealmakers can navigate potential challenges and ensure a smoother entry into the Quebec market. From initiating access to information requests with the OQLF to reviewing employment agreements, contracts, and commercial documentation, thorough due diligence is key to mitigating risks and demonstrating a commitment to linguistic compliance. Join us for part two of this article to learn about Charter considerations at the closing and post-closing stages. Currently, registration with the OQLF is mandatory for enterprises with 50 employees or more working in Quebec.

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  4. Sponsorship agreements in the sports world: the promise of fame and exposure

    “I was outraged!” “It beggars belief!” “It’s ridiculous!”1 These are just a few of the comments heard in connection with a controversial clause in Neymar’s contract with the Saudi Arabia-based Al Hilal soccer club, which he signed in August 2023. It provided for a payment of approximately $500,000 for each Instagram post promoting Saudi Arabia... In stark contrast, other observers applauded this initiative, viewing Neymar as the harbinger of an era in which sports talent would finally be valued for its true worth. Even before he’d laced up his cleats for his new team, Neymar was already shining a warm spotlight on the Saudi kingdom. At a press conference on September 7, 2023, the Brazilian forward cheekily likened France’s League 1, in which he used to play (it is ranked the fifth-best soccer league in the world) to Saudi Arabia’s (ranked 36th): “Considering all the big names in this League, this championship may well be better than League 1.”2 Needless to say, his comment sparked a tidal wave of reactions. For comparison purposes, Major League Soccer (MLS), CF Montreal’s home league, is ranked #29 in the world. Thriving on competition, passion and adrenalin, the sports world is fertile ground for sponsorship agreements. These arrangements serve as strategic alliances that capture the essence of contemporary sports and transcend the limits of the games involved. In our last two articles, we took a look at issues surrounding the naming of sports teams, followed by agreements governing the naming of stadiums and arenas. This time around, we will delve into the topic of sponsorship agreements. In addition to defining what they are, we will focus on how these agreements are used and structured, including their objectives and associated risks. WHAT ARE SPONSORSHIP AGREEMENTS? Sponsorship agreements, also known as sponsorship deals, are commercial agreements entered into by a beneficiary (an organization, individual or event) and a sponsor (a company or brand). As a general rule, these agreements provide financial compensation, goods and/or services in return for visibility, promotional impact or the sponsor’s association with the beneficiary. To be sure, such deals are not exclusive to the sports world. However, sports have definitely played a key role in how these agreements have evolved, transforming them into tools at the forefront of commercial progress. In this article, we will focus on how these agreements are used in the sports world. THE POWER OF SPONSORSHIP AGREEMENTS In essence, sponsorship agreements enable a sponsor to benefit from the exposure, fame and/or positive image associated with an athlete. At the same time, they may allow athletes to boost their own visibility and develop their own brands in partnership with the sponsor. The film Air, initially released in cinemas in 2023 and now exclusively available on the Prime Video streaming platform, depicts the dynamic of sponsorship agreements. It retraces the origins of the emblematic partnership between Nike and basketball legend Michael Jordan, which ended up redefining how athletes approach business partnerships. The Nike partnership gave rise to Air Jordan, the world-famous line of basketball shoes, marking an initial milestone in the history of sponsorship deals. In April 1985, the first series of Air Jordans came onto the market (see Figure 2); Nike was aiming for $3 million in sales over an initial three-year period. However, by the end of the first year alone, sales topped an impressive $126 million. In 2022, it was reported that Michael Jordan had earned between $150 million and $256 million just from his contract with Nike. KEY OBJECTIVES OF SPONSORSHIP AGREEMENTS FOR ATHLETES Main objective: financial gain Quite often, the main objective is financial gain. In addition to Michael Jordan, other star athletes have signed agreements with Nike. LeBron James’ and Cristiano Ronaldo’ own deals with Nike are reportedly valued at US$1 billion. Meanwhile, Argentina’s Lionel Messi, the eight-time Ballon d’Or winner, entered into a similar agreement with the brand Adidas. The case of Michael Jordan, however, is unique insofar as a family of strong and distinctive brands was developed, including Air Jordan and various logos representing Michael Jordan playing basketball. This brand family is owned by Nike, although it is inherently linked to the athlete reaping its benefits. In Quebec, tennis player Félix Auger-Aliassime, a victim of his recent success, signed agreements with Dior and Renault in early 2023 as these companies added their names to his existing list of sponsors, which included Adidas. The compensation paid by these brands has not been disclosed, but Félix is now displaying the Renault logo on his T-shirts—even more prominently than the brand of the T-shirt itself.   Objective: enhanced reputation and greater credibility Reputation and credibility are vitally important in the sports world. Teaming up with a reputable sponsor can boost an athlete’s credibility in the eyes of fans, the media, potential partners and other teams. As with naming rights agreements, upholding the same values and selecting the right sponsor are the key to these agreements. Consider Félix Auger-Aliassime’s remarks after signing his deal with Renault: “I’m proud to be associated with Renault because we share the same ambitions and values […].”3 Chelsea FC, which competes in England’s Premier League, kicked off its 2023-204 season without its main sponsor. In addition, there was no corporate logo displayed on the front of the players’ jerseys, even though that has become the norm in the soccer world. In fact, Chelsea had signed an agreement with Stake.com, an online casino that describes itself as a pioneer in the area of crypto sports betting. As soon as the deal was announced, fans made their displeasure known: Chelsea Supporters’ Trust, which serves as the voice of the team’s fans, declared: “We understand CFC’s desire to maximise revenue streams across the whole club. Whilst we accept that will happen, it must not take place at the expense of the club’s values.”4 Chelsea thus terminated the agreement but appears to have found a new partner, the US-based technology company Infinite Athlete. That deal is valued at around $66 million per year. Objective: an equitable relationship between the parties (student athletes) For some athletes, sponsorship agreements are also a way to establish an equitable relationship between all parties, ensuring that they do not lose out on any benefits derived from their name, image or likeness. This is certainly the case for student athletes competing in the American university system, particularly the National Collegiate Athletic Association (NCAA). In June 2021, the US Supreme Court ruled that the NCAA was not legally authorized to limit payments related to students’ education. This gave rise to what are known as “NIL deals”(name, image, and likeness). Student athletes are now entitled to enter into sponsorship agreements covering their name, image and likeness (the latter term refers to any representations of the athlete, whether in videogames, cartoons, etc.). The champion of NIL deals is undoubtedly Olivia Dunne, a gymnast at Louisiana State University. She is one of the first student athletes to become a millionaire thanks to these deals; she is certainly the best known (Figure 6). Her arrangements with brands such as American Eagle, Forever 21 and Vuori have generated more than $4.7 million. She ranks third in earnings in the list of athletes with NIL deals, just behind quarterback Arch Manning at $5.1 million (nephew of former football players Peyton and Eli Manning) and basketball player Bronny James at $9.7 million (son of LeBron James). Will we ever see NIL deals for student athletes in Quebec? KEY OBJECTIVES FOR SPONSORS As far as sponsors are concerned, their objectives are usually quite similar. They hope to obtain greater visibility and promotion by linking their brand, products or services to a famous professional athlete. This may entail significant media exposure while targeting a specific segment of the public. This was what lululemon had in mind when it partnered with Connor Bedard, the most recent #1 draft choice in the National Hockey League (NHL). The company, which started out selling yoga wear, is now reaching out to hockey fans in a bid to strengthen its reputation as a top-of-the-line sports apparel retailer. In the run-up to the NHL draft, the name of Connor Bedard—a once-in-a-generation talent—was on everyone’s lips. His endorsement deal with lululemon was announced a few days before the draft, thanks in part to a video in which he said: “If I make this shot, I’ll join lululemon as their newest ambassador.” He then executed a perfect shot, adding a dramatic note to the announcement (Video 1). Video 1: Announcement marking the sponsorship agreement between lululemon and Connor Bedard. Following the partnership announcement, Connor Bedard said: “Being from Vancouver, I’ve been a fan of lululemon for as long as I can remember. The gear is so comfortable, stylish, and great for training.”5 Since the company was founded in Vancouver, it is understandable that this partnership is seeking to capitalize on a shared sense of belonging. Obviously, sponsors are also seeking to boost their sales or profitability via increased exposure and visibility derived from a sponsorship deal. Gaining access to a specific target audience heavily engaged in the athlete’s chosen sport can be a major selling point. HOW SPONSORSHIP AGREEMENTS ARE STRUCTURED As regards structure, sponsorship agreements differ in terms of the breadth and scope of the visibility being sought. Structure of local sponsorship agreements Local sponsorship agreements are entered into when: A local company decides to fund an athlete or a sports event. A company sponsors a local athlete or a local sports organization. A local sponsorship agreement does not necessarily mean a smaller-scale deal. RBC’s and Air Canada’s sponsorship arrangements, under which their respective logos are featured on Montreal Canadiens jerseys, are examples of local agreements. Structure of national or international sponsorship agreements Seeking much more extensive visibility, national or international sponsorship agreements are typically larger-scale initiatives. More sophisticated and with farther-reaching ramifications, these types of agreements must also take into account issues spanning multiple jurisdictions. Compensation structure In certain major agreements, the athlete’s financial compensation structure may vary widely. Fixed and pre-determined compensation is typically the norm. Understandably, agreements in which a trademark linked to an athlete is used for a specific product line may include royalties or tiers (thresholds) associated with the products’ commercial performance. Duration impacts the structure of sponsorship agreements Sponsorship agreements also vary in terms of their duration. A company may decide to sponsor an athlete for a lengthy period or for a one-time event or competition. On September 13 2023, the new Professional Women’s Hockey League (PWHL) announced its very first sponsor: Canadian Tire Corporation (CTC). Strictly speaking, this is an international agreement because the PWHL operates in both Canada and the US. At the time, Sarah Nurse, a forward with PWHL Toronto, said: “Through numerous conversations with their key leaders, it has always been clear that [CTC was] committed to supporting a women’s hockey league. It is no surprise that CTC is an inaugural partner now that we have launched the PWHL. With our shared values and vision, I know that CTC will continue to put women’s hockey at the forefront”6. RISKS OF SPONSORSHIP AGREEMENTS: WHAT YOU NEED TO KNOW There are also a number of risks associated with signing a sponsorship agreement. Professional athletes are continually being placed under a microscope. Everything they do has a potential impact on their sponsors. Morality clause Consider the case of golfer Tiger Woods, who was embroiled in a personal scandal back in 2010 that left his reputation in tatters. Seeking to avoid being associated with this loss of reputation, various companies and organizations terminated their deals with him (Table 1). Table 1: List of sponsors that terminated or continued their involvement with Tiger Woods in the wake of his scandal. Today, Nike and Upper Deck are still associated with Tiger Woods, along with 10 new sponsors. To enable the parties to terminate agreements easily and at no charge should any situations akin to that of Tiger Woods arise, sponsorship agreements typically include a morality clause (also known as a “morals clause”). Morality clauses impose “good conduct” obligations on athletes and stipulate that if they engage in any actions that could tarnish or harm their own reputation or that of their sponsor, the sponsor has the right to suspend or unilaterally terminate the agreement. It was thanks to this clause that Gatorade and Gillette, to take only two examples, ended their agreements with Tiger Woods. The first morality clause in the sports world was included in the employment contract of Babe Ruth, the renowned baseball player with the New York Yankees in the 1920s. Reciprocal clause One might think that certain athletes would prefer to have a reciprocal clause in place enabling them to cut ties with any sponsor whose reputation is marred by scandal (inhumane work conditions, pollution, financial wrongdoing, etc.). Although less frequent, these clauses could still prove useful, especially now that society is calling on the corporate world to conduct itself more ethically. On the credit side of the ledger, an athlete who stands out positively off the playing field may end up attracting new sponsors. On September 24, 2023, the pop singer Taylor Swift was spotted at a Kansas City Chiefs game, cheering on tight end Travis Kelce (Figure 9). Given Taylor Swift’s unprecedented levels of public adulation, Travis Kelce saw his social networks explode with 500,000 more followers; sales of his jerseys soared by 400% in less than a week. Sponsors are well known for appreciating the value of athletes associated with another celebrity, e.g. Tom Brady and Gisele Bündchen, or David and Victoria Beckham. Kelce, who is already pocketing $3 million annually from his sponsorships, now has the door wide open for some shiny new deals. Conclusion All in all, sponsorship agreements play a pivotal role in the sports world. Above and beyond the financial benefits they generate, they reflect the values and identity of the partners involved. Transcending transactional considerations, these deals have turned into alliances that stimulate growth, emotional engagement and long-term viability. They embody shared passions for sports and an ongoing quest for excellence. As the sports world evolves and new opportunities emerge, we should continue to question how these agreements align with our collective values. In the future, these partnerships will not just be a critical component of commercial strategies; they will also be statements of principle. And they will continue to shape how sports are lived, perceived and experienced. Chronique de Ray Lalonde, August 16, 2023 Link. Ouest-France, Neymar: “Peut-être que le championnat d’Arabie saoudite est meilleur que la Ligue 1”, September 8, 2023 Link. QMI Agency, Nouvelle alliance entre Félix Auger-Aliassime et Renault, TVA Sports, January 25, 2023 Link. Ryan Dabbs, Why don't Chelsea have a sponsor for their new kit?, FourFourTwo, July 19, 2023 Link. Matt Carlson, Conor Bedard signs… with lululemon, The Hockey News, June 28, 2023 Link. News release, Professional Women’s Hockey League, Canadian Tire Corporation joins the PWHL with a landmark multi-year agreement, September 13, 2023 Link.

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  1. Lavery advises the QMJHL on sale and relocation of Acadie-Bathurst Titan

    The new team in the Quebec Major Junior Hockey League (QMJHL), the Newfoundland Regiment, has announced the appointment of Gordie Dwyer as head coach. This announcement marks the culmination of a lengthy process that resulted in the sale of the Acadie-Bathurst Titan’s assets to SPS Entertainment Limited Partnership and the relocation of the club. This project marks the return of the QMJHL to Newfoundland with the establishment of the team under its new name and colors, in a state-of-the-art arena ideally suited to host exciting games. With this strategic development, the QMJHL is now represented in all Maritime provinces. Lavery is proud to announce that its sports law team had the privilege of advising the QMJHL throughout this transaction. Our professionals, Catherine Méthot and Sébastien Vézina, head of the firm’s Sports and Entertainment Law team, advised the QMJHL at every stage of this process, in accordance with the League’s Constitution. Lavery’s sports law team provides clients with a full 360-degree service, offering advice perfectly tailored to the realities of the sports industry. Its services are available to all industry stakeholders, including agents, owners, team members, athletes, sports teams, professional or amateur leagues, sports facilities, agencies, and event promoters.

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  2. Lavery Advises Technicolor Canada on the Sale of Mikros Animation

    This March 25th, 2025, the Superior Court of Quebec approved the sale of "Mikros Animation", the cartoon animation division of Technicolor Canada, Inc., a Canadian subsidiary of the Technicolor Group. Lavery had the privilege of advising Technicolor Canada on this transaction, which was part of the court-ordered reorganization of the corporations that make up the Technicolor Group. Simultaneously with the acquisition of the assets of the "Mikros Animation" division in Quebec, the buyer, RodeoFx, will also acquire the assets of the "Mikros Animation" division in France. This would greatly facilitate the closing of the transaction, considering that the Technicolor group is an internationally integrated company. Still due to the international component of the "Mikros Animation" division's operations, this simultaneous acquisition of it's assets in Quebec and France required the unprecedented collaboration of the Tribunal des Activités Économiques de Paris and the Quebec Superior Court. Completion of the transaction will ensure the continued operation of the "Mikros Animation" division in both Quebec and France and preserve up to 207 jobs in Montreal in the specialized field of animation, in addition to the 80 jobs in the "Mikros Animation" division in France. The Lavery team led by Sébastien Vézina and Jean Legault also included Martin Pichette, Marc Ouellet, Jessica Parent, Ouassim Tadlaoui, David Tournier, David Choinière, Jean-Paul Timothée and Yasmine Belrachid. About Lavery Lavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.

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  3. 33 partners from Lavery ranked in the 2025 edition of The Canadian Legal Lexpert Directory

    Lavery is proud to announce that 33 partners are ranked among the leading practitioners in Canada in their respective practice areas in the 2025 edition of The Canadian Legal Lexpert Directory. The following Lavery partners are listed in the 2025 edition of The Canadian Legal Lexpert Directory: Advertising Isabelle Jomphe Aviation Étienne Brassard Asset Securitization Brigitte M. Gauthier Class Actions Laurence Bich-Carrière Myriam Brixi Construction Law Nicolas Gagnon Marc-André Landry Corporate Commercial Law Laurence Bich-Carrière Étienne Brassard Jean-Sébastien Desroches Christian Dumoulin Édith Jacques    Alexandre Hébert Paul Martel André Vautour    Corporate Finance & Securities Josianne Beaudry          René Branchaud Corporate Mid-Market Étienne Brassard Jean-Sébastien Desroches Christian Dumoulin Alexandre Hébert Édith Jacques    André Vautour Data Privacy Raymond Doray Employment Law Simon Gagné Richard Gaudreault Marie-Josée Hétu Guy Lavoie Josiane L’Heureux Family Law Elisabeth Pinard Infrastructure Law Nicolas Gagnon Insolvency & Financial Restructuring Jean Legault      Ouassim Tadlaoui Yanick Vlasak Jonathan Warin Intellectual Property Chantal Desjardins Alain Y. Dussault Labour (Management) Benoit Brouillette Simon Gagné Richard Gaudreault Marie-Josée Hétu Guy Lavoie Litigation - Commercial Insurance Dominic Boisvert Martin Pichette Litigation - Corporate Commercial Laurence Bich-Carrière Marc-André Landry Litigation - Product Liability Laurence Bich-Carrière Myriam Brixi Mergers & Acquisitions Josianne Beaudry    Étienne Brassard       Jean-Sébastien Desroches Christian Dumoulin Edith Jacques Mining Josianne Beaudry           René Branchaud Sébastien Vézina Occupational Health & Safety Josiane L'Heureux Workers' Compensation Marie-Josée Hétu Guy Lavoie Carl Lessard   The Canadian Legal Lexpert Directory, published since 1997, is based on an extensive peer survey process. It includes profiles of leading practitioners across Canada in more than 60 practice areas and leading law firms in more than 40 practice areas. It also features articles highlighting current legal issues and recent developments of importance. Congratulations to our lawyers for these appointments, which reflect the talent and expertise of our team. About Lavery Lavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.

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