This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Fer & Métaux Garand avoids administrative monetary penalty (AMP)
Daniel Bouchard and Chloé Fauchon have convinced theministère de l’Environnement (MDDELCC) to waive a planned administrative monetary penalty (AMP) against Fer & Métaux Garand . The transmission through the air of an unregulated contaminant (noise) cannot lead to a neighbourhood disturbance penalty.
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Daniel Bouchard and Sarah Leclerc discuss environmental law
On June 10, 2016, Daniel Bouchard, Managing Partner of the Quebec City office gave a presentation as part of the 2016 edition of the training event ‘Recent developments in environment’. His conference was a summary of the article "Reflection on the underutilized municipal authorities in environment" he recently co-wrote with lawyer Sarah Leclerc, contributing to the following book recently published by Les Éditions Yvon Blais : "Thinking about the underutilization of municipal authorities in environment", clearly states the view of its authors. Indeed, despite the decentralization of powers regarding local management causing the expansion of municipal jurisdiction, including that of environmental protection, civil society seems doomed to suffer the discretionary choice of elected officials in this matter. The article offers an insight on the importance and usefulness of the powers of elected officials in this area in addition to giving examples of these opportunities not seized by elected officials. The authors also make recommendations seeking to propose ways to potentially resolve this urgent problem." [Translation - book available in French only] Recent developments in environmental law, Department of continuing education, the Quebec Bar, 2016 Ed. Yvon Blais, vol. 418., p. 31.
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Jean-Philippe Turgeon and Daniel Bouchard instructors at the 89th session of the Cours de perfectionnement du notariat
From April 21 to 23, 2016, the 89th session of the Cours de perfectionnement du notariat will take place at the Quebec City Convention Center. On the morning of April 21, Daniel Bouchard, a partner and Managing Partner of the firm’s Quebec City office that specializes in the fields of municipal, environmental and administrative law and has developed special expertise in the areas of land use planning and development, agricultural zoning, environment, municipal liability, municipal management and ethics in public administration, will present a session entitled “Act Respecting the Preservation of Agricultural Land and Agricultural Activities: the minimum every notary should know” (“La Loi sur la protection du territoire et des activités agricoles : ce que tout notaire devrait minimalement savoir”). For his part, on April 23, Jean-Philippe Turgeon, a partner and the leader of the firm’s Franchising and Distribution group whose practice focuses on franchise law, distribution of goods and services, as well as bankruptcy and insolvency, will lead a workshop entitled “The 10 most important contractual provisions to consider before concluding a franchising contract” (“Les 10 plus importantes dispositions contractuelles à considérer avant de conclure un contrat de franchise”). For more information or to register, please click here.
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Daniel Bouchard of Lavery speaker at the seminar of the Fédération québécoise des municipalités
On September 25, 2015, Mr. Daniel Bouchard, managing partner of Lavery’s Quebec City office, gave a conference entitled “Une équipe maire – DG : une formule gagnante dans l’administration d’une municipalité” (A Mayor and General Director team: a winning combination in municipal administration) at the Fédération québécoise des municipalités seminar. Ms. Valérie Belle-Isle and Ms. Chloé Fauchon, administrative law associates, presented the same conference in English. The conference discussed the respective roles of the mayor and director general. Daniel Bouchard Valérie Belle-Isle Chloé Fauchon
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Daniel Bouchard and Patrick A. Molinari to be awarded Lawyer Emeritus distinction by the Barreau du Québec
Lavery is pleased to announce that Me Daniel Bouchard, Managing Partner of the Quebec City office, and Me Patrick A. Molinari, legal counsel, will be awarded the Lawyer Emeritus (Ad. E.) distinction by the Barreau du Québec during a ceremony to be held in October 2015. Me Bouchard and Molinari’s names will thus be added to the list of Lavery lawyers who have received this prestigious honorary award, created to pay tribute to exceptional legal careers. Called to the Barreau du Québec in 1991, Me Bouchard has specialized in the fields of municipal, environmental and administrative law. He has developed a special expertise in the areas of land use planning and development, agricultural zoning, mining environments, municipal liability, municipal management and ethics in public administration. He is regularly called on to give lectures or training and is also a trainer for the Conference of Municipal Judges. Me Molinari, called to the Barreau du Québec in 1975, has had an impressive career in academia. For more than 30 years, he taught at the Faculty of Law of the Université de Montréal. A significant component of his practice is devoted to Health Law and Regulatory and Public Law, and he has developed a thorough understanding of the legal framework of health services, addressing regulatory, contractual and commercial concerns. Co-author of the primary reference work on Quebec health law, he has also contributed to nearly 80 books and papers on the health and fundamental rights fields. “Lavery is delighted by the awarding of the Lawyer Emeritus (Ad. E.) distinction to Daniel Bouchard and Patrick A. Molinari. They both make a significant contribution not only to their profession but also to their respective areas of practice,” declared Don McCarty, the firm’s managing partner.
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Daniel Bouchard presents two seminars at the ADMQ Annual Conference
The Annual Conference for the Association des directeurs municipaux du Québec (ADMQ) took place at the Québec City Convention Center from June 17 to June 19, 2015. On this occasion, Daniel Bouchard, Managing Partner of Lavery’s Quebec City Office and lawyer specialized in the fields of municipal, environmental and administrative law, presented two seminars. The first one, on June 18, was presented to about 50 municipal directors. Entitled “Nuisances et pollution, les municipalités peuvent agir!” (Nuisances and pollution, municipalities can act!), he discussed the powers of a municipality on the matter, as well as its limits, while highlighting the importance of a regulatory municipal intervention to ensure a healthy and harmonious community life. On June 19, before over 150 municipal directors, Mr. Bouchard presented “Les dernières modifications legislatives” (The most recent legislative modifications), where he discussed the recent legislative modifications relating to the new municipal governance on local and regional developments, as well as the introduction of a definition for the term “watercourses” in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains, the amendment to the Act Respecting Municipal Courts or to the Act Respecting Compensation Measures for the Carrying out of Projects Affecting Wetlands or Bodies of Water.
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Launch of the Lavery GO inc. Program in Quebec City!
Legal services designed specifically for start-upsLavery is pleased to announce the launch of the Lavery GO inc. Program today in Quebec City. The goal of this program is to assist young entrepreneurs and provide eligible start-ups with high-quality legal services at a price that fits their means. The Lavery GO inc. Program provides each selected start-up with personalized support over a wide range of legal services needed during the start-up process, including incorporation, trademark and domain registration, service agreements and various internal company policies. “The economy of Quebec City’s metropolitan region has been experiencing sustained growth over the last several years. In fact, the region’s economy is considered to be one of the most dynamic in the country. Emerging entrepreneurs play a key role in supporting economic development and diversification in the National Capital and Chaudière-Appalaches regions. The Lavery GO inc. Program is ideally suited to the present context because it allows us to lend a hand to start-ups and help them develop, while also reinforcing our ties with the business world”, stated Daniel Bouchard, Managing Partner of Lavery’s Quebec City office. Each start-up selected for the Lavery GO inc. Program will be supported and mentored by Lavery lawyers who have both the experience and expertise required within the scope of this program, including Karine Pelletier, Étienne Brassard and many others. Moreover, selected start-ups will benefit from several hours of legal advice. Legal services will be provided at a fixed rate, taking into account these start-ups’ ability to pay. For more information about the Lavery GO inc. Program, please visit our web site: www.laverygoinc.ca.
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Daniel Bouchard gives a conference on environmental law
On May 29, 2015, Daniel Bouchard, Managing Partner of Lavery’s Quebec City Office and lawyer specialized in the fields of municipal, environmental and administrative law, gave a conference at theIntercontinental Hotel of Montreal during the training sessions of the Quebec Bar “Recent developments in environmental law”. Over 60 environmental lawyers attended this conference entitled “La gestion par les municipalités de l’écoulement des eaux dans les cours d’eau: quoi de neuf?” (Municipalities’ management of water flow towards streams: what’s new?), which discussed the new case laws in environment of the past 12 months and summed up the most relevant decisions for members of the Bar. The text of this conference, prepared in collaboration with Ms. Charlotte Fortin, is published by Éditions Yvon Blais in “Développement récent en droit de l’environnement”,Service de la formation continue du Barreau du Québec, vol. 401, 2015. To order a copy, click here (in French only).
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Daniel Bouchard, co-speaker at the COMAQ Seminar
On May 28, 2015, Daniel Bouchard, Managing Partner of Lavery’s Quebec City Office and lawyer specialized in the fields of municipal, environmental and administrative law, gave a conference in collaboration with Mr. Dennis Pakenham of Morency Avocats, to about a 100 court clerks during the Corporation des officiers municipaux agréés du Québec (COMAQ) Seminar at Rivière-du-Loup. This conference, entitled “Savoir se réinventer en tenant compte de la loi et de la jurisprudence” (Knowing how to reinvent oneself, taking into account legislation and case law) discussed the recent cases of the past 12 months, summing up the most important ones relating to current topics such as municipal elections, obligation of neutrality and zoning. Daniel Bouchard
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Daniel Bouchard gives a conference to the CPEQ
On May 5, 2015, Daniel Bouchard, Managing Partner of Lavery’s Quebec City office and lawyer specialized in the fields of municipal, environmental and administrative law, gave a conference to about 10 business representatives at the Quebec Business Council on the Environment (CPEQ). Entitled “La législation relative aux terrains contaminés” (Legislation related to contaminated fields), this conference answered frequently asked questions, namely if contaminating an already polluted land is considered pollution, the extent of the obligation to decontaminate, and a buyer’s recourses if he acquires a contaminated land, all within the frame of the current legislation.
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Daniel Bouchard of Lavery quoted in a newspaper article from Le Courrier de Saint-Hyacinthe
Mr. Daniel Bouchard, Managing Partner of the Lavery Quebec City office, was quoted in a recent article entitled «Changement de zonage en catimini », relating to a municipality’s obligation to inform its residents on zoning matters. According to Mr. Bouchard, the Act respecting land use planning and development is clear: a municipality must, by public notice in a newspaper, inform its population of any zoning by-law draft. It is at the very foundation of the democratic exercise of this process. To read this article, click here (in French only).
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Lavery’s Daniel Bouchard to speak on wetlands January 28th at Complexe Jules-Dallaire in Ste-Foy
Wednesday morning, January 28th in Ste-Foy, Lavery’s Daniel Bouchard will deliver a talk regarding the legal aspects of wetlands management in a project development context. Bouchard, who is the firm’s office managing partner in Quebec City, will deliver his remarks after a co-presentation by two field specialists. This seminar, organized by the Canadian Bar Association Québec Branch, promises to be highly practical. It is intended for real estate developers (residential, commercial and industrial) but also municipal legal departments and general counsel. Click here for more information or to register (3.5 hours of CLE credits).