This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
-
François Parent and Guillaume Lavoie present a conference on “Investing in a private equity fund: Review of key issues and rules for defined benefit pension plans”
On October 19, 2016, François Parent and Guillaume Lavoie, partners, gave a conference hosted by the Lavery Capital group entitled “Investir dans un fonds d'investissement privé” (“Investing in a private equity fund”). The conference aimed at presenting certain important principles that defined benefit pension plan administrators must keep in mind before investing in a private equity fund, real estate fund or hedge fund.
-
Lavery represents the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada
On January 18, 2016, Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law and Constitutional Law group, represented the Conférence des juges de paix magistrats du Québec and its members before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of the Act to Amend the Courts of Justice Act and Other Legislative Provisions as regards the Status of Justices of the Peace (“Act regarding the Status of Justices of the Peace”) which allowed the government, notably, to unilaterally determine the starting treatment and work conditions of the justices of the peace, without having recourse to a remuneration commission. In an important judgment rendered on October 14, 2016, the Supreme Court of Canada declared that since sections 27, 30 and 32 of the Act regarding the Status of Justices of the Peace did not provide for a retroactive committee review of the starting treatment of the members of a new judicial office created within a reasonable time, these sections infringe the institutional financial security guarantee of judicial independence, and are thus contrary to the Canadian Charter of Rights and Freedoms (“Charter”) and to the Constitution Act, 1867. This infringement of judicial independence is not justified under section 1 of the Charter, because there is no evidence of a dire and exceptional financial emergency. Therefore, sections 27, 30 and 32 are unconstitutional. Mes Guillaume Laberge and Laurence Bich-Carrière also assisted in the preparation of this case. To see the judgment of the Supreme Court of Canada, click here.
-
Three lawyers of Lavery publish an article in the 2016-17 CCCA/ACCJE Corporate Counsel Directory and Yearbook
--> Mes Étienne Brassard, Guillaume Synnott and Sibylle Ferreira, from Lavery’s Business Law Group, published an article entitled “Early-Growth Financing and Capital Structure – Guiding Your Company to the Next Level” in the 2016-17 CCCA/ACCJE Corporate Counsel Directory and Yearbook. The article draws a portrait of a business’ stages of growth and the financing challenges that entrepreneurs must overcome in order to proceed to the next level. Please click here to access the electronic version of this article. .
-
Two partners of Lavery in Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers
Lavery is proud to highlights that two of its lawyers are mentioned in this year’s Lexpert’s directory, Guide to the Leading US/Canada Cross-Border Corporate Lawyers. Firstly, Mr. René Branchaud, partner, is recognized as a mining law leader. He practises in the areas of securities law, mergers and acquisitions, and corporate law. He assists companies in matters related to incorporation, corporate structure, shareholder agreements, private placements, public offerings, stock exchange listings, dispositions, and takeovers. To consult his profile, please turn to page 92 of the guide. Additionally, Mr. Guillaume Lavoie, partner, made the list of Corporate Lawyers to watch. His practice focuses on private equity and venture capital. He has developed considerable expertise in setting up investment funds (private equity funds, venture capital funds, and hedge funds) and specializes in structuring complex international funds. He regularly acts as lead legal counsel to fund managers in their fundraising efforts and their investments in Canada, the United States, Europe, and elsewhere in the World. To consult his profile, please turn to page 103. Congratulations!
-
Victory for Lavery at the Supreme Court on behalf of the Chambre des notaires du Québec
In an important judgment rendered on June 3, 2016, the Supreme Court of Canada declared certain provisions of the Income Tax Act (ITA), which allowed the Minister of National Revenue to require notaries or lawyers to provide documents or information which could be useful for the application or enforcement of the ITA and which excluded their accounting records from the protection of the duty of professional secrecy of legal advisers, to be unconstitutional. The Court concluded that several deficiencies caused the requirements sent to notaries or lawyers to be unreasonable and contrary to s. 8 of the Canadian Charter of Rights and Freedoms. It also concluded that the exception to the professional secrecy set out at s. 232(1) of the ITA is unconstitutional and of no force or effect with respect to notaries and lawyers. Raymond Doray and Loïc Berdnikoff, two partners practising administrative and constitutional law at Lavery, represented the Chambre des notaires du Québec before the country’s highest court. Guillaume Laberge and Laurence Bich-Carrière also assisted in the preparation of this case. To see the judgment of the Supreme Court of Canada, click here.
-
Lavery is proud to support the next generation in Montreal’s Chinese business community
Lavery was a proud sponsor of the fifth edition of the scholarship presentation gala of the Jiu Ding Club, which took place on April 30, 2016. Montréal’s Jiu Ding (JD) Club is a non-profit organization founded by a group of entrepreneurs and professionals of Chinese origin living and working in Greater Montreal. During the ceremony, the JD Club presented scholarships to students in Quebec’s Chinese community as well as international students from Mainland China, Taiwan, Macau, and Hong Kong who study here and have distinguished themselves through their contributions to all sectors of Canadian society: social, professional, and political, etc. Guillaume Lavoie, partner at Lavery who counts many companies and entrepreneurs in Montreal’s Chinese business community among his clients, was there to represent the firm at the event.
-
Société de développement de la Baie-James (SDBJ), Administration régionale Baie-James (ARBJ) and partners invest in BlackRock Metals Inc. to carry out a feasibility study for an open-pit mine
The Société de développement de la Baie-James (SDBJ), the Administration régionale Baie-James (ARBJ), the Cree Nation Government, and the Capital Mines Hydrocarbures fund, managed by Ressources Québec Inc., have invested more than $8 M in BlackRock Metals Inc. to finance a feasibility study for the development of an open-pit iron and titanium mine in the James Bay Territory. In this financing, René Branchaud and Guillaume Synnott, members of Lavery’s Business law group, acted as counsel for SDBJ and ARBJ.
-
André Vautour and Guillaume Lavoie to give workshop on investment funds at the Barreau du Québec’s conference on recent developments in business law
On June 3, 2016 at Montreal’s Intercontinental Hotel, André Vautour, the firm’s chairman of the board and a partner who practises particularly in investment funds and Guillaume Lavoie, a partner whose practice focuses on private equity and venture capital, will give a workshop entitled “Sword of Damocles or Scarecrow? To what extent can an investor in an investment fund get involved in the management of the fund without risking of losing its limited liability?” (“Épée de Damoclès ou épouvantail? Jusqu'où l'investisseur dans un fonds d'investissement peut s'impliquer dans ce fonds sans risquer de perdre sa responsabilité limitée?”) at the Barreau du Québec’s conference “Recent developments in business law (2016)” (“Les développements récents en droit des affaires (2016)”). They’ll touch on, among other topics, the issue of the potential liability of investors in private investment funds and will explain to what extent the setting up of an advisory committee made up of partners’ representatives or the conclusion of side letters is likely to make them lose their limited liability. To view the conference’s full program or to register, please click here.
-
The Société du Plan Nord and two members of the Réseau Capital Baie-James announced an important investment in Innord to develop an innovative new rare earth elements separation process
The Société du Plan Nord, and two members of the Réseau Capital Baie-James, who are la Société de Développement de la Baie-James (SDBJ) and l’Administration régionale Baie-James (ARBJ), announced on March 3, 2016, an $500,000 investment in Innord Inc., a subsidiary of GéoMégA Resources inc. Sébastien Vézina, Guillaume Synnott and Éric Gélinas, three lawyers in the firm’s Business law group acted as legal counsel for the involved parties. The investment will be used to develop an innovative new process that will significantly improve the environmental performance of rare earth elements separation. Read the Société du Plan Nord press release here. Sébastien Vézina Guillaume Synnott Éric Gélinas
-
Étienne Brassard and Guillaume Synnott offer a series of training sessions for HEC Montréal’s Rémi Marcoux Entrepreneurial Track
On March 3, Étienne Brassard and Guillaume Synnott, members of Lavery’s GO Inc. Program and business law group, will give the first of three training sessions on legal issues faced by startups to members of the third cohort of HEC Montréal’s Rémi-Marcoux Entrepreneurial Track. Lavery is proud to partner with the Rémi-Marcoux Entrepreneurial Track, a pre-accelerator program training and developing Quebec’s future entrepreneurs.
-
Lavery in Lexpert Top 10 business cases of 2015
In its January 2016 edition, Lexpert magazine ranks the Canada (Attorney General) v. Federation of Law Societies of Canada case second in its list of the Top 10 business cases of 2015. Lavery wishes to extend its heartiest congratulations to Mr. Raymond Doray, Ad.E., and Mr. Loïc Berdnikoff, both of whom are partners in the firm’s Administrative Law group, who argued the case of behalf of the interveners the Barreau du Québec and the Chambre des notaires du Québec. Mr. Guillaume Laberge assisted them in their preparation. In its ruling, the country’s highest court concluded that certain sections of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and of its regulation violate sections 7 and 8 of the Canadian Charter of Rights and Freedoms and cannot be saved by section 1. Raymond Doray Loïc Berdnikoff Guillaume Laberge
-
Application for authorization to submit a class action against the Commission de la construction du Québec represented by Lavery rejected
On January 7, 2016, the Superior Court of Quebec refused to grant an authorization to submit a class action on behalf of the linemen having worked for a federal undertaking and who, since the establishment of the Commission de la construction du Québec ("CCQ"), paid different assessments and contributions under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry, CQLR c. R-20. The representative of the proposed group requested, amongst other conclusions, the reimbursement of the assessments deducted by the CCQ. In Caron c. Fraternité provinciale des ouvriers en électricité-section locale 1676, 2016 QCCS 25, justice Chantal Lamarche, j.s.c. found that the conditions for the exercise of a class action were not met. More specifically, she rejected the application for authorisation because of the complexity of the evidence which would have to be administered to determine if the employers of the members of the proposed group were under federal or provincial jurisdiction and because the refund of the assessments raised issues that were not common to all members of the group. Lavery has successfully represented the CCQ against who the application for authorization to submit a class action was specifically directed. The team was composed of Mr. Raymond Doray, Ad.E. and Mr. Bernard Larocque assisted by Mr. Guillaume Laberge. Raymond Doray Bernard Larocque Guillaume Laberge