News and Updates | Lavery Lawyers

May 1, 2024

The Court of Appeal recognizes Lavery’s leadership in matters involving surety bonds

In a landmark decision, the Court confirms the scope of the surety bond indemnity agreement that our firm helped to draft in Gestion ITR inc. v. Intact Compagnie d'assurance.. Lavery’s reputation in construction bonding is well established. The firm has been a leader in this field for decades. Under the direction of our partner Nicolas Gagnon, Lavery supports the industry in contentious matters, while providing guidance on major policies. Over 30 years ago, our firm was in charge of drafting the content of an indemnity agreement between a construction company and a major surety company. That agreement is still widely used in the industry today. The Court of Appeal of Québec recognized the scope of the agreement in a recent decision, confirming that the obligations of the signatories to the agreement included, in particular, the reimbursement of losses incurred by the surety, not only under surety bonds it had issued, but also under agreements entered into between the principal surety and another surety that had agreed to act as the construction company’s guarantor. This essentially means that the signatories to an indemnity agreement must reimburse the losses incurred by a surety that was obtained by the principal surety. Our partner Nicolas Gagnon commented on this as follows: “So much effort went into drafting this indemnity agreement, given its significance for the industry. We’re obviously thrilled to see that Quebec’s highest Court agrees with our logic, and that it confirmed that the scope of the agreement we helped to draft applies to the situations we had identified.” We would like to take this opportunity to acknowledge our industry colleagues’ skillful work in defending the indemnity agreement.

Benjamin Poirier pens an article in Cheval Québec Magazine

Benjamin Poirier, a lawyer with the Litigation and Dispute Resolution Group, penned an article entitled L’inspection vétérinaire préachat :l’amour n’est plus aveugle in the Spring 2017 edition of Cheval Québec Magazine. With a view to improving practices for the benefit of members of the equestrian community, Mr. Poirier discusses the importance of a pre-purchase veterinary examination during a purchase-sale transaction and its legal implications. Click here for more information on Cheval Québec Magazine.

Lavery lawyer Léonie Gagné contributed to the community by offering free legal consultations at the Bar of Montreal’s Salon VISEZ DROIT

Léonie Gagné, a litigation lawyer at Lavery, offered free legal consultations in her area of practice at the 19th annual Salon VISEZ DROIT, organized by the Bar of Montreal on April 12. Committed to giving back to the community, Ms. Gagné decided to volunteer her time and expertise for this event which is organized to educate the public about their rights and obligations as well as promote a better understanding of the legal system. The Salon VISEZ DROIT consists of four days of law-related activities organized by the Bar of Montrealfor the general public. The 19th edition took place from Monday, April 11, to Thursday, April 14, 2016, at the Complexe Desjardins in Montréal, with actress Lynda Johnson serving as spokesperson. Thousands of visitors came to the event to meet the exhibitors and participate in the free activities offered.