This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Lavery proud to pursue its tradition of contribution to the development of entrepreneurship by supporting Fondation Montréal inc.
Lavery, through its Lavery GO inc. Program and Lavery Capital group makes an aggregate $25,000 donation ($5,000 annually over five years) to Fondation Montréal inc., while supplying the services of five volunteer-lawyers to act as coaches over the same period. In addition to Guillaume Lavoie, a business law partner, and Louis Charette, a litigation partner at Lavery, both long time volunteers at the Fondation, the following lawyers will lend a hand to the Fondation’s initiatives, which include supporting start-up businesses and awarding grants to new entrepreneurs: Nicolas Joubert, labour, employment and immigration law partner; Marie-Hélène Jolicoeur, labour and employment law partner; and Judith Houle-Couture, business law associate. This donation and this volunteering follow a well-established tradition of Lavery of support to the development of entrepreneurship. While the Lavery GO inc. Program provides start-ups with a unique, personalized and affordable program allowing them to access a full range of legal services at competitive prices taking in account their reality, the Lavery Capital group is a key partner of venture capital fund managers who allow these start-ups to achieve exceptional growth. Through their support to the Fondation, the Lavery GO inc. Program and Lavery Capital are therefore able and proud to expand further their contribution to the development and growth of Québec start-ups.
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Guillaume Lavoie, Young Bar of Montreal Lawyer of the year in Corporate Law
Lavery is pleased to announce that on November 26, 2015, Mr. Guillaume Lavoie, a business law partner at the firm, won the 2015 YBM Lawyer of the year in the Corporate Law category, at the “Leaders of tomorrow” YBM Gala held at the Rialto Theater. Given out by a committee of selected legal figures and members of the YBM Governing Council, this award highlights the quality and excellence a member of the Young Bar of Montréal has shown through his achievements. The award winner must have distinguished himself on a professional and personal level, as well as through his involvement in the community and his views on the profession and his career. Guillaume Lavoie’s practice focuses on private equity and venture capital. He has developed considerable expertise in setting up investment 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. "We are very honoured that Guillaume Lavoie is the winner of this prize, a recognition of his contribution to our legal profession, as well as the excellence and discipline shown through his work. This award, which is also a tribute to the quality and depth of his commitment to the profession and community, brings honour to the entire firm", said Don McCarty, Lavery’s Managing Partner.
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Guillaume Lavoie winner of the 2015 Rising Star Award
Lavery is pleased to announce that Mr. Guillaume Lavoie, a business law partner at the firm, has received the Rising Star Award given out by the Legal Lexpert Directory, during a gala that was held in Toronto on November 19, 2015. This Canada-wide contest pays tribute to lawyers under 40 who are considered rising stars in the legal profession in Canada. The winners are selected based on rigorous and well-delineated criteria: professional accomplishments, leadership, contribution to firm profitability, business acumen, vision, education and awards, and teamwork. Guillaume Lavoie’s practice focuses on private equity and venture capital. He has developed considerable expertise in setting up investment 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. "Guillaume Lavoie has excellent professional and human qualities that make him a legal expert respected by his clients and colleagues. Lexperthas acknowledged these qualities by giving him the Rising StarAward. Guillaume is truly an example of professionalism and thoroughness in a demanding profession while still giving back to the community through his numerous involvements in foundations and non-profit organizations, which make him a great asset to Lavery", said Don McCarty, Lavery’s Managing Partner. For more information, please visit the Lexpert Rising Starswebsite at www.lexpert.ca/rising-stars/award-winners.
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Lavery represents the Chambre des notaires du Québec before the Supreme Court of Canada
On November 3, 2015, Raymond Doray, Ad. E., and Loïc Berdnikoff represented the Chambre des notaires du Québec before the Supreme Court of Canada to obtain a declaration of unconstitutionality regarding various provisions of theIncome Tax Act (ITA) which authorize the Minister of National Revenue, by means of a simple letter, to require that any person provide information or documents that might be of assistance in the administration or enforcement of the ITA, including lawyers and notaries. According to the Chambre, the provisions in question, when applied to a notary, violate the right to “solicitor-client privilege” and restrict the freedom of notaries in a manner that is not in accordance with the principle of fundamental justice relating to the legal counsel’s duty of committed representation. Mr. Guillaume Laberge and Ms. Laurence Bich-Carrière actively took part in the preparation of this case. To read a summary of the case, please click here.
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Guillaume Lavoie and Josianne Beaudry, authors of an article on investment funds
Guillaume Lavoie and Josianne Beaudry, Business Law partners at Lavery, published an article in the 2015/2016 Lexpert CCCA/ACCJE Corporate Counsel Directory & Yearbook magazine on September 28, 2015. Entitled “Private Equity and Venture Capital Funds New Market Trends - What is the impact of adopting these trends on the regulatory costs for those funds?”, the authors discuss how new trends affecting the structure of standard private equity and venture capital funds may affect the regulatory landscape applicable to such funds. To read this article, click here.
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Jean-Philippe Turgeon and Guillaume Synnott, authors of an article in Canadian Business Franchise
Mr. Jean-Philippe Turgeon and Mr. Guillaume Synnott, a Franchise and Distribution Law partner and associate at Lavery respectively, are the authors of an article entitled “Takeaways from the Dunkin’s Donuts Decision” published in the September 2015 issue of Canadian Business Franchise. In their article, Mr. Jean-Philippe Turgeon and Mr. Guillaume Synnott highlight the recent Dunkin’ Donuts judgment from the Court of Appeal of Quebec which clarifies the extent of the contractual implicit obligations of the franchisors toward their franchisees, such as the franchisor’s obligation to take reasonable measures in order to protect and enhance its brand and franchise system. To read this article, click here.
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Lavery hosts a conference on entrepreneurship in South Korea
On May 20, 2015, Lavery hosted a breakfast-conference on the subject of entrepreneurship in South Korea, organized by the Quebec-Asia Law & Business Association (QALBA) and presented by Mr. Michael Lee, founding member of G20 YEA (Young Entrepreneurs’ Alliance) and YES Korea (Young Entrepreneurs’ Society of Korea), and CEO of CreBiz Factory, a consulting firm. This conference, designed to be an introduction to the business culture and strategic areas of economic development in South Korea, was presented to 15 young entrepreneurs and professionals. Mr. Jin Hur, Consul General and Ambassador of the Republic of Korea, also attended the conference. QALBA is a forum for young professionals and entrepreneurs wanting to strengthen economic ties between Quebec and Asia and is presided by Guillaume Synnott, lawyer in Lavery’s Business Law Group.
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Members of the Lavery GO inc. Committee participate in the 48h Entrepreneurs event
Numerous Committee members of the Lavery GO inc. Program took part on May 1st and 2, 2015 in the 48h Entrepreneurs, an initiative of the Jeune Chambre de commerce de Montréal and the Regroupement des Jeunes Chambres de commerce du Québec whose program is entirely dedicated to Quebec entrepreneurship. On May 1st, Lavery held a stand throughout the day at the Salon des entrepreneurs of the Palais des congrès de Montréal, where they presented the Lavery GO inc. Program to the many participants of the 48h Entrepreneurs. Four teams comprised of Committee members of the Lavery GO inc. Program held the fort in rotation: Guillaume Synnott and Judith Houle-Couture, Étienne Brassard, Raphaël Bacal and Élodie Brunet, Ariane Lauzière and Anne-Sophie Lamonde as well as Jean-Philippe Latreille and Rhonda Grintuch. On May 2, Mr. Brassard, a Business Law partner and Coordinator of the Lavery GO inc. Program, took part in the Startup Next Demo Night, which was held at La Caisse de dépôt et placement du Québec in Montreal. On this occasion, four tech startups presented their businesses to a panel of four judges comprised of Mr. Brassard, Ty Denco (Director, Techstars), Maryse Gingras (Director, Futurpreneur Canada), Alexandre Guertin (Investment Associate, Teralys Capital) and Simon Lapointe (Audit Director, Richter). Following the judges’ deliberations, the startup MakerBloks was crowned winner of the competition. During the day, Mr. Latreille, Business Law lawyer, was co-responsible for the Relève d’affaires course during which were discussed issues relating to the transfer, the change of ownership and the start of a business. From left to right : Maryse Gingras (Director, Futurpreneur Canada), Étienne Brassard (Partner, Lavery), Simon Lapointe (Audit Director, Richter), Alexandre Guertin (Investment Associate, Teralys Capital) and Ty Denco (Director, Techstars)
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Étienne Brassard, Marie-Hélène Jolicoeur, Guillaume Lavoie and Jonathan Warin appointed partners at Lavery
Lavery is pleased to announce the appointment of Étienne Brassard, Marie-Hélène Jolicoeur, Guillaume Lavoie and Jonathan Warin as partners of the firm. Étienne Brassard practises business law with the firm and is a member of the Private Financing Group. His main areas of practice are business finance, banking law and commercial law and, in particular, the negotiation and drafting of credit, the related movable and immovable security agreements, as well as the documentation required for lease financing and installment sales. He has also acted in several major crossborder syndicated and non-syndicated financings during his practice, or relating to specific assets such as aircraft financing, rolling stock and heavy machinery. He is also the Lavery Go inc. Program Coordinator. Marie-Hélène Jolicoeur has particular expertise in the areas of labour and employment law, health law and the law of occupational health and safety. She pleads before administrative tribunals and courts of law, particularly the Commission des lésions professionnelles. She also acts as an employer spokesperson for collective agreements. Guillaume Lavoie practises in private equity, venture capital and securities law and mergers and acquisitions. He acts as a legal advisor to various Canadian and foreign corporations and private equity and venture capital funds in connection with asset purchases and sales and the acquisition of public and private corporations. He has extensive experience with respect to international transactions. He also advises Canadian issuers and their boards of directors on corporate governance issues and advises some clients on competition law, foreign investment and regulatory matters. Jonathan Warin is a member of the firm's Commercial Litigation Group and specializes in bankruptcy and insolvency, extraordinary remedies and realizing on security. He regularly intervenes in various insolvency cases, whether to represent institutional lenders, trustees or debtors in a restructuring and liquidation context. He also handles commercial litigation cases of all kinds, particularly shareholder remedies and injunctions. “We are very pleased to welcome Étienne, Marie-Hélène, Guillaume and Jonathan as Lavery partners. Being named partner undoubtedly represents an important milestone in their career as well as a recognition of the quality of their work in representing our clients. Over the years, they have all acquired comprehensive expertise in their respective areas of practice, making them among the best lawyers in their field”, said Don McCarty, Managing Partner of the firm. Étienne Brassard Marie-Hélène Jolicoeur Guillaume Lavoie Jonathan Warin
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Judgement of the Supreme Court of Canada in regards to professional secrecy – another victory for Lavery!
On February 13, 2015, the Supreme Court of Canada rendered an important decision stating that several sections from the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and from its regulationviolate sections 7 and 8 of the Canadian Charter of Rights and Freedom, without being justified under section 1 of that same Charter. Mr. Raymond Doray, Ad. E., and Mr. Loïc Berdnikoff, Administrative Law partners at Lavery, with the help of Mr. Guillaume Laberge, represented the Barreau du Québec and the Chambre des notaires before Canada’s highest court, where they argued that lawyers and notaries should be exempted from provisions which, among other things, infringed on the attorney-client privilege, the duty of loyalty to each client and the independence of the Bar. To read the judgment of the Supreme Court of Canada, please click here. Raymond Doray, Loïc Berdnikoff and Guillaume Laberge
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Lavery acts for Keurig Canada Inc. in the sale of its Van Houtte Cafés-Bistros Franchise System to MTY
Lavery is pleased to announce it acted as legal counsel to Keurig Canada Inc. (“Keurig Canada”), a subsidiary of the giant coffee roaster and distributor Keurig Green Mountain, Inc. (NASDAQ: GMCR), in the sale of its Van Houtte Cafés-Bistros Franchise System to MTY Food Group, Inc. (“MTY”) (TSX: MTY). Under the terms of the agreement, Keurig Canada will maintain ownership of the Van Houtte brand, while MTY will own all of the Franchise System related assets. This sale does not include any of the manufacturing and distribution operations of the Canadian roaster. Lavery’s transactional team was led by Mr. Jean-Philippe Turgeon (Franchise Law) and included Ms. Valérie Boucher (M&A), Ms. Stéphanie Destrempes (Franchise Law), Mr. Guillaume Synnott (Franchise Law and M&A) and Ms. Sonia Guerin (M&A).
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Lavery leads the sale of the Omaha Lancers hockey club by Benoît Robert and his partners
Lavery is pleased to announce that it acted as counsel to 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). Under this transaction, all of the membership interests of AHG were sold to Crossbar Down, LLC, a Nebraska company. Previously to the closing, the Omaha Lancers had been managed by Benoît Robert who resigned from his position as managing partner further to his appointment as President and CEO of Montreal-based Quebecor Media Sports and Entertainment Group. Lavery’s transactional team was led by Sébastien Vézina (Sports Law and M&A) and included Guillaume Synnott (M&A), Éric Gélinas (Tax Law) and Anne-Sophie Lamonde (M&A, articling student). Dorsey & Whitney LLP acted as special counsel with respect to American legislation.