Aviation and Aerospace

Overview

Services

Financing 

Lavery’s aviation law specialists have extensive know-how of the financing of aircraft, aircraft engines and equipment, which they offer to a variety of major players, particularly financial institutions, lessors, airlines, aviation equipment manufacturers and aeronautical service operators. These financings are completed in the context of the acquisition and sale of aircraft and engines, leases, financing during the manufacturing phase, change of operators or transfer of rights. Our team regularly advises creditors and debtors in the taking of international security interests under the Cape Town Convention and Aircraft Protocol and registering them in the International Registry. Lavery also represents corporations of the aviation industry in the context of implementing credits for financing their current operations and the acquisition of businesses.

Aircraft and engine sales and acquisitions

Our lawyers assist various stakeholders in the context of aircraft and engine sales and acquisitions in Canada as well as in international transactions involving Canada.

Commercial transactions and contracts

Lavery represents companies of the aviation industry in complex commercial transactions including asset and business acquisitions and sales. Our experienced lawyers also provide legal services such as drafting and negotiating various types of business agreements, including agreements with aircraft manufacturers, suppliers, and subcontractors.

Tax and holding structures 

Our Tax group offers support for both Canadian and international tax issues related to the acquisition, sale and financing of aircraft.

Insurance and civil liability

Our aviation litigation and insurance experts collaborate with aviation industry stakeholders on all matters related to applicable Canadian and International law and regulations. We represent a variety of clients including airlines, airports, security services, manufacturers and insurers in matters related to the transportation of freight and passenger both nationally and internationally. We also defend airlines in matters such as class actions, personal injury luggage or cargo loss and product liability. Our lawyers can assist you respecting all aviation insurance issues, including liability, aircraft hull and all-risk insurance.

Litigation and dispute resolution

Our commercial litigation team represents companies in the aviation sector in the context of litigation and dispute resolution with contractual parties.

Insolvency, bankruptcy and restructuring 

Our lawyers can also advise you in disputes related to insolvency and aircraft repossession.

Lastly, our firm is supported by law professionals in all practice fields, including business law, insurance law, bankruptcy and insolvency law, labour law, environmental law and litigation.

Representative mandates

• Lavery represented the lender in the financing of the Bombardier Global 6000 construction and acquisition for a client of BAL Global Finance Canada Corporation, the Canadian entity of Bank of America Leasing. This transaction led to the implementation of an interim financing of the progress payments while the aircraft was built and, thereafter, of the final financing upon its acquisition.
• Our team has assisted the lenders for the financing of a fleet of approximately thirty aircraft. This financing involved the implementation of international security interests and their registration in the International Registry.
• Our experienced lawyers have advised Héroux-Devtek, a major Canadian company specialized in the design, development, manufacturing as well as the repair and maintenance of landing gear systems for the aerospace market in the context of the acquisition of the shares of APPH Limited (United Kingdom) and APPH Wichita, Inc. (United States).
• Lavery has also represented Héroux-Devtek Inc. and its subsidiaries in establishing operating lines of credit totalling $200 million and the related security interests.
• Our firm has provided legal services to companies of the aviation industry in litigation and dispute resolution matters related to the performance and interpretation of contractual clauses of commercial agreements.