This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Valérie Boucher Writes on Trusts in the JurisClasseur Québec Encyclopedia
Valérie Boucher is the author of the 20th volume of the JurisClasseur Québec encyclopedia – Biens et publicité des droits, published by LexisNexis. In this volume, Ms. Boucher summarizes the essential elements of the law of trusts in Quebec.The JurisClasseur Québec encyclopedia is a work that is designed to meet the needs and realities involved in the current practice of law in Quebec, and was written by an outstanding team of authors.Valérie Boucher practises in the areas of business law, corporate law and the law of trusts. She has had a significant role in numerous reorganizations of small, medium and large businesses, and has been actively involved in various transactions for the acquisition and sale of shares and assets.
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Raphaël Schachter on the Board of the American College of Trial Lawyers Canadian Foundation
Raphaël Schachter, Q.C. has been asked and has accepted to be on the Board of the American College of Trial Lawyers Canadian Foundation. He will represent the Province of Quebec.The Foundation, afforded charitable status by the Canadian Revenue Agency (Revenu Canada), will be chaired by the Honorable Jack Major, former Justice of the Supreme Court of Canada.Appointed as Queen's Counsel in 1986, and inducted as a Fellow of the American College of Trial Lawyers in 1994, Mr. Schachter was President of the Quebec Section of the American College of Trial Lawyers from 2006 to 2008. He practises exclusively in the areas of criminal law, penal law and the penal aspects of competition law.
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Lavery Represents Industrial Alliance in $100 Million Bought Deal Financing of Preferred Shares
On October 15, 2009, Industrial Alliance Insurance and Financial Services Inc. closed a public offering of 4,000,000 Non-Cumulative Class A Preferred Shares Series E for gross proceeds of $100 million. The Preferred Shares were sold to a syndicate of underwriters led by Scotia Capital Inc. and RBC Dominion Securities Inc., including National Bank Financial Inc., BMO Nesbitt Burns Inc., CIBC World Markets Inc., TD Securities Inc., Desjardins Securities Inc., Casgrain & Company Limited, Dundee Securities Corporation, HSBC Securities (Canada) Inc., Industrial Alliance Securities Inc. and Laurentian Bank Securities Inc. Industrial Alliance was represented by a team from Lavery consisting of Marc Rochefort, Michel Servant, Benoit Mallette and Guillaume Lavoie (corporate and securities), and Philip Nolan (tax). Founded in 1892, Industrial Alliance Insurance and Financial Services Inc. is a life and health insurance company that offers a wide range of life and health insurance products, savings and retirement plans, RRSPs, mutual and segregated funds, securities, auto and home insurance, mortgage loans and other financial products and services. Industrial Alliance is among the 100 largest public companies in Canada.
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Lavery announces the appointment of the firm's new Managing Partner. Élise Poisson succeeds Richard Dolan.
Montreal, December 8, 2009 – Lavery is pleased to announce the appointment of Élise Poisson as the firm's managing partner commencing January 1, 2010. Ms. Poisson succeeds Richard Dolan, who directed the firm for the past 10 years, becoming the first woman to occupy the position of managing partner in Lavery's history. "All of Lavery's partners, associates, other professionals and employees are enthusiastic about the appointment of Élise Poisson as managing partner", said Richard Dolan, the outgoing managing partner. "Her professional dedication and the high quality of her work on the management team over the past five years have fully prepared her to take on her new functions". Élise Poisson joined Lavery after obtaining her bachelor of law from the University of Montreal in 1985, and has remained with the firm ever since. She became a partner in 1994 and has been a member of the board of directors since 2004. She is a respected litigator in the areas of commercial law and extraordinary recourses, and has represented a broad range of commercial, industrial and institutional clients before all levels of the courts. "Under the leadership of Richard Dolan, Lavery has adapted to the reality of the business world and has put the talent and expertise of all the firm's members to work for our clients in the business community", said Ms. Poisson. "In the coming years, we will continue strengthening the firm by consolidating our expertise so that we remain in tune with our clients, understand their business realities and anticipate their needs, while also focusing on recruiting and developing the best legal talent, and highlighting our firm's distinctiveness". Richard Dolan will remain a member of the firm's board of directors.
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Lavery represents the syndicate of underwriters in $115 million bought deal financing of 6.50% Convertible Unsecured Subordinated Debentures of Cominar Real Estate Investment Trust
On September 22, 2009, Cominar Real Estate Investment Trust closed a public offering of $115 million aggregate principal amount of Series D 6.50% Convertible Unsecured Subordinated Debentures.The Debentures were sold to a syndicate of underwriters led by National Bank Financial Inc. and BMO Nesbitt Burns Inc., including RBC Dominion Securities Inc., Desjardins Securities Inc., CIBC World Markets Inc., Scotia Capital Inc., Canaccord Capital Corporation, Blackmont Capital Inc. and Genuity Capital Markets G.P.The syndicate of underwriters was represented by a team from Lavery consisting of Marc Rochefort, Michel Servant and Guillaume Lavoie (corporate and securities), and Philip Nolan (tax).Cominar is the largest commercial property owner and manager in the Province of Québec.
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Jean Saint-Onge invited to speak at the Vingt-deuxièmes Entretiens du Centre Jacques Cartier
Jean Saint-Onge, a partner at Lavery, will be a guest speaker at the Vingt-deuxièmes Entretiens du Centre Jacques Cartier to be held in Lyons, France, on November 30 and December 1, 2009.For this symposium, whose theme is "The Civil Law Culture: An Obstacle or Asset to Doing Business?", Jean Saint-Onge's speech will be entitled "Collective redress: An efficient instrument or consumerist drift?"Les Entretiens Jacques Cartier is a major annual event held in France in the Rhône-Alpes region, and one out of every four years in Quebec. By holding this event, the Centre Jacques Cartier, created in 1984, affirms its commitment to engage in a constructive dialogue with the territorial communities.
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Jean Saint Onge to Moderate Seminar on Recent Developments in Class-Action Suits
On October 29 and 30 2009, Jean Saint Onge will, for the sixth straight year, moderate the Quebec Bar Continuing Education Seminar on Class-Action suits: recent developments in Quebec, Canada, the United States and Europe. This continuing education activity will bring together no less than 32 lecturers from several jurisdictions, who will speak to participants about the most recent developments in the area of class actions. Jean Philippe Lincourt has been closely involved in organizing this seminar. For his part, Yvan Biron will act as moderator for the panel discussion on environmental class-action suits, which will be held on October 29.
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Ian Rose - Speaker at the Canadian Institute’s Forum on Directors’, Officers’ and Fiduciaries’ Liability
Last October 21, Ian Rose, a Lavery partner, gave a lecture entitled Exploring Trends in D&O Liability – Certain Canadian Trends at the Canadian Institute’s 12th Annual Forum on Directors’, Officers’ and Fiduciaries’ Liability held on October 21st and 22nd, 2009 in Toronto. His presentation focused on exposures to liability from the current economic climate and credit crisis, increased class action activity in the secondary markets, and the possible implications of Quebec law on D&O liability in certain circumstances.Mr. Rose specializes in complex litigation involving products liability and professional liability, as well as directors' and officers' liability.
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The Lavery Seminar, a Remarkable Event with 350 Participants
On September 22, 2009, Lavery held a seminar intended for corporate lawyers under the theme of Risk Management.Here is a look back at this very successful event: 9 seasoned lecturers 350 participating corporate lawyers 7 workshops and 7 subjects of great interest 1 reliable, free and recognized* information source 3 hours of training recognized for the purposes of the By-law respecting the professional training of advocates** for participants registered for the entire seminar 1 great opportunity to exchange with peers.The seminar featured workshops covering the following subjects:The role of corporate counsel and the constraints he facesAlternate solutions to the employment agreement: how to plan one’s workforce without increasing the responsibilities of the employer?Environment management: what to do to minimize the risks for the enterprise?Class actions: a measure for improving access to justice or pro consumer drift?Privacy and protection of personal information within enterprises doing business in Quebec, Canada and abroadSurviving the insolvency of your business partners, whether they are clients or suppliersActivist shareholders: who are they? What are their goals and how to cohabit with them?This seminar is just one of the numerous steps Lavery is taking towards meeting the needs of its business partners. Stay abreast of our activities and firm news by visiting lavery.ca.________________________________________________________ *The Lavery seminar is an activity recognized by the Quebec Bar for the purposes of the mandatory continuing professional education** Since April 1, 2009, lawyers in Quebec are required to participate in 30 hours of professional training per 24 month period.
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Guy Lavoie — Quebec representative on the Canadian Association of Counsel to Employers
Guy Lavoie was elected as the representative from Quebec on the board of directors of the Canadian Association of Counsel to Employers (CACE) at its 6th annual conference held in Chicago, Illinois from September 10 to 12, 2009. This appointment will enable him to play a direct role in promoting CACE in Quebec. He will sit on the board for a two-year term.Guy Lavoie has broad expertise and experience in labour and employment law and occupational health and safety matters. He advises and represents the firm’s clients before various administrative tribunals in both collective and individual employment relations matters, and in occupational health and safety and discrimination and harassment cases. He also works in conjunction with members of the firm’s Business Law Group on labour and employment law issues connected with the implementation of mergers and acquisitions.
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Lavery represents Osisko Mining Corporation in C$149.5 Million Bought Deal Financing
On September 1, 2009, Osisko Mining Corporation closed a public offering of 21,361,250 common shares, which included the exercise in full of the over-allotment option, at a price of $7.00 per common share for gross proceeds of more than C$149.5 million. The common shares were sold on a bought deal basis through a syndicate of underwriters led by Thomas Weisel Partners Canada Inc. and BMO Nesbitt Burns Inc. and including Dundee Securities Corporation. Osisko was represented by a team from Lavery consisting of René Branchaud, David Pineault and Benoît Mallette (corporate and securities), and Philip Nolan (tax). Osisko is listed on the TSX (OSK) and the Deutsche Boerse (EWX) and holds a 100% interest in the Canadian Malartic gold deposit in Québec, Canada.
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Evelyne Verrier will co-chair the Managing & Litigating Disability Insurance Claims Conference
At the request of the Canadian Institute, Evelyne Verrier, a Lavery partner, will co-chair the 9th Managing & Litigating Disability Insurance Claims Conference, which will be held on September 23 and 24 in Montreal.As part of this event, Ms. Verrier will deliver a lecture entitled “Issues related to critical illness insurance claims: where do we stand?”, which will particularly deal with critical illness insurance coverage, hybrid hypothecary-critical illness products, the interpretation of the moratorium period clause, time limit for contestation, fraud and false statements.