This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Marie Cossette comments on municipal elections for the RDI network
Since August 25, Marie Cossette, partner who practices mainly in litigation at Lavery, has been commenting for the RDI news channel on the municipal elections in the Quebec City and Levis region. Elections will be held in more than 1,100 municipalities across Quebec on November 3.These elections are important since they will provide over 8,000 mayors and councillors who will play a key role in developing livable environments, in stimulating the economic, social and cultural development of their communities and in defending the interest of their citizens in the coming years.To watch the video of the interview, click here.
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Philippe Décary, a lawyer specializing in Business law, joins Lavery
Lavery is pleased to announce that Mr. Philippe Décary has joined the firm as a Business Law partner.Mr. Décary has built his practice through his work in large national firms, focusing, in particular, on the areas of domestic and cross-border mergers and acquisitions, private equity and corporate finance. He provides timely advice in response to the requirements of clients operating in a variety of industries, including manufacturing, product distribution, the service industries, technology, telecommunications, e-commerce, software, media, consumer products, agribusiness and food products, financial services, real estate, construction, biotechnology, energy, mining and transportation.In addition to assisting his clients in dealing with a broad range of legal issues, Mr. Décary is also a sought-after speaker for conferences, and has written articles on a wide range of subjects, including mergers and acquisitions of private and public corporations, the negotiation of commercial agreements, mining legislation, as well as access to capital by small and medium-sized businesses."Lavery is delighted to welcome such an outstanding lawyer. Philippe is a business advisor focused on the needs of his clients and determined to provide them with optimal legal solutions. He will truly be an asset to our Business Law Group", said Don McCarty, Managing Partner of the firm.Mr. Décary holds an LL.B. from the University of Montreal and was called to the Quebec Bar in 2000. He also holds a CPA designation (chartered professional accountant), a CGA designation (certified general accountant), as well as a B.B.A. (Finance) from HEC Montréal and an M.Sc. in Administration (Finance) from the University of Sherbrooke.
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Sébastien Vézina represents Jacques Martin, the new Assistant Coach of the Pittsburgh Penguins, in his negotiations with the Penguins
Professional hockey coach Jacques Martin called upon Sébastien Vézina, a Lavery partner, to represent him during the negotiation and conclusion of the agreement that led to his nomination as Assistant Coach of the NHL Pittsburgh Penguins.In this matter, Sébastien relied upon the assistance of two of his colleagues, Nicolas Joubert and Robert La Rosa. Sébastien Vézina specializes in business law and he advises, among others, decision makers and executives in the sports industry as well as participants in the sports media and entertainment industry on all questions pertaining to commercial and legal issues in their sphere of activities.
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Marie-Claude Armstrong, René Branchaud, Guy Lemay and Raphaël H. Schachter, Q.C., Ad. E. of Lavery Named Best Lawyers' 2014 Lawyers of the Year
Lavery is pleased to announce that Ms. Marie-Claude Armstrong, Mr. René Branchaud, Mr. Guy Lemay and Mr. Raphaël H. Schachter, Q.C., Ad. E. have been named 2014 Lawyers of the Year by Best Lawyers, a peer-review legal publication. Marie-Claude Armstrong has been named Lawyer of the Year 2014 Montreal, Family Law. René Branchaud has been named Lawyer of the Year 2014 Montreal, Natural Resources Law. Guy Lemay has been named Lawyer of the Year 2014 Montreal, Class Action Litigation. Raphaël H. Schachter, Q.C., Ad. E. has been named Lawyer of the Year 2014 Montreal, Criminal Defense. "On behalf of my partners at Lavery, I heartily congratulate our colleagues Marie-Claude Armstrong, René Branchaud, Guy Lemay and Raphaël H. Schachter on this recognition, acknowledging the expertise, professionalism and the quality of service that they offer to our clients", said Don McCarty, Lavery’s Managing Partner. For more information, please visit Best Lawyers’ website at www.bestlawyers.com.
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36 Lavery Lawyers Included in the 2014 Edition of The Best Lawyers in Canada
Lavery is pleased to announce that 36 of the firm’s lawyers have been listed as leading Canadian practitioners in their respective areas of expertise in The Best Lawyers in Canada 2014. "We are delighted that 36 lawyers of our firm are included in the 2014 edition of this prestigious directory. This recognition acknowledges the expertise, quality of work and dedication of these lawyers and the entire Lavery team. I would like to congratulate our 36 colleagues who have been singled out for their contribution to our clients’ success and the development of our service offering", said Don McCarty, Lavery’s Managing Partner. Among the Lavery lawyers listed in The Best Lawyers in Canada 2014, Raymond Doray, Ad. E., is a first-time honouree. The following lists the names of all Lavery lawyers included in the directory as well as their practice area(s): Armstrong, Marie-Claude Family Law Baribeau, Pierre-L. Labour and Employment Law Biron, Yvan Environmental Law Blouin, Michel Natural Resources Law Branchaud, René Natural Resources Law Cantin, Marie-Claude Insurance Law Charette, Louis Aviation Law; Product Liability Law; Transportation Law Coulombe, Gérard, Q.C., Ad.E. Corporate Law Czolij, Eugene Corporate and Commercial Litigation; Insolvency and Financial Restructuring Denis, Pierre Equipment Finance Law Doray, Raymond, Ad. E. Administrative and Public Law Dubé, Louis-Martin Real Estate Law Dumoulin, Josée Employee Benefits Law Gagnon, Nicolas Construction Law Gélinas, Michel Labour and Employment Law Gravel, Marie-Andrée Mergers & Acquisitions Law Hébert, Jean Insurance Law Jobin-Laberge, Odette, Ad. E. Insurance Law Larocque, Bernard Class Action Litigation; Insurance Law Lavoie, Guy Labour and Employment Law Lemay, Guy Labour and Employment Law; Class Action Litigation Mason, Robert W. Director and Officer Liability; Insurance Law; Personal Injury Litigation; Product Liability Law Nolan, Philip Tax Law Pariseau, Luc Tax Law Paul-Hus, Jacques Mergers & Acquisitions Law Payette, Louis, Ad. E. Banking and Finance Perron, Jacques Transportation Law Pinard, Élisabeth Family Law Rochefort, Marc Securities Law Rochette, Louis Health Care Law Rose, Ian Director and Officer Liability; Insurance Law Saint-Onge, Jean, Ad. E. Class Action Litigation Schachter, Raphaël H., Q.C., Ad. E. Criminal Defense Simard, Jean-Yves Corporate and Commercial Litigation; Insolvency and Financial Restructuring Stotland, Gerald Family Law Vautour, André Information Technology Law; Technology Law For more information, please visit the Best Lawyers’ website at www.bestlawyers.com.
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Lavery represents Hecla Mining with respect to the acquisition of a mining company
Lavery recently acted as legal counsel for the province of Quebec in connection with the acquisition by Hecla Mining Company (“Hecla”) of Aurizon Mines Ltd. (“Aurizon”). The transaction is valued at Cdn$796 million. Hecla was also represented in Canada by Cassels Brock & Blackwell LLP. Under the terms of the transaction, which was dealt with as a merger with a Hecla subsidiary under U.S. legislation, Hecla purchased all of the issued and outstanding common shares of Aurizon for an aggregate consideration of approximately Cdn$514 million and 56,997,790 common shares of Hecla. The transaction took the form of a plan of arrangement and was carried out in the wake of a struggle for control initiated by an unsolicited takeover bid for Aurizon launched by Alamos Gold Inc. on January 14, 2013. The Lavery team was made up of Michel Blouin, Sébastien Vézina, Maxime Bergeron and René Branchaud (mining law and securities), Nicole Messier (mining rights and real estate), David Eramian, Sive Burns and Ariana Lisio (M&A), Sophie Prégent (environmental and Aboriginal law) and Darina Bashilova (financing). Through this acquisition, Hecla becomes the owner of the Casa Berardi mine, located near the territory covered by the Plan Nord, which is expected to produce between 125,000 to 130,000 ounces of gold in 2013. With the shaft deepening project and the future development of an open pit mine, the mine is expected to operate for more than 10 years. The acquisition also includes several exploration and pre-development projects in Quebec that may contribute to increase production in the future. Hecla, based in Coeur d’Alene in Idaho, is a leading low-cost U.S. silver producer with operating mines in Alaska and Idaho, and is a growing gold producer with an operating mine in Quebec, Canada.
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Lavery represents the underwriters in the bought deal financing of Cominar's 4.00% series 3 debentures in the principal amount of $100 milion
On May 2, 2013, Cominar Real Estate Investment Trust completed the bought deal financing of its 4.00% Series 3 senior unsecured debentures due November 2, 2020 in the principal amount of $100 million. Cominar intends to use the net proceeds of the offering to repay amounts outstanding under its credit facility and for general trust purposes, thus replacing shorter-term debt with longer-term debt at a favorable long-term interest rate without increasing its aggregate indebtedness. 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. and TD Securities Inc. The syndicate of underwriters was represented by a team from Lavery consisting of Marc Rochefort, Michel Servant, Guillaume Lavoie and Geneviève Fournier (corporate and securities), and Philip Nolan (tax). Cominar is the third largest diversified real estate investment trust in Canada and the largest commercial property owner in the Province of Québec.
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Josianne Beaudry, author of an article in Sécurité financière magazine
Ms. Josianne Beaudry, a Business Law partner at Lavery, published an article entitled “Pour une divulgation pleine et entière des coûts liés au placement” (For a full disclosure of the costs of investments) in the June-July-August 2013 issue of Sécurité financière magazine, a publication of the Chambre de la sécurité financière.In this article, Ms. Beaudry discusses the new disclosure requirements implemented by the Canadian Securities Administrators, which are designed to protect investors by providing them with clear and meaningful information about their investments.To read this article (in French), click here.
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Lavery represents Industrial Alliance in the renewal of its $1 billion base shelf prospectus
On April 29, 2013, Industrial Alliance Insurance and Financial Services Inc. filed its short form base shelf prospectus providing for the sale of up to $1 billion of debt securities, class A preferred shares, common shares, subscription receipts, warrants, share purchase contracts and units. Industrial alliance was represented by a team from Lavery consisting of Marc Rochefort, Michel Servant, Guillaume Lavoie and Geneviève Fournier (corporate and securities) and Philip Nolan (tax). Founded in 1892, Industrial Alliance Insurance and Financial Services Inc. is a life and health insurance company with operations in all regions of Canada as well as in the United States.
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Jean Martel on the cover page of the July/August issue of Lexpert
Mr. Jean Martel, Ad. E., a Business Law partner at Lavery, appears on the cover of the July/August issue of Lexpert magazine, which includes an article about the growing importance of lawyers specialized in financial regulation.This article argues that it is not the issues related to mergers and acquisitions per se that can make or break a transaction but rather the regulatory risks involved. Therefore the advice of lawyers specialized in financial regulation like Jean Martel is now of paramount importance to ensure the success of any transaction, especially when dealing with heavily regulated industries.For more information, click here.
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A Lavery client wins a federal labour and employment law case
Lavery is pleased about a decision rendered on July 3, 2013 by the Canada Industrial Relations Board (CIRB), which ruled in favour of its client, Shoppers Drug Mart Inc. as well as Pharmaprix franchisees and Canada Post Corporation, by dismissing an application for certification filed by the Canadian Union of Postal Workers. Mr. Guy Lemay, Ms. Josianne L’Heureux and Mr. Guy Lavoie, Labour and Employment Law partners at Lavery, played a key role in this victory.The Canadian Union of Postal Workers had filed an application for certification for the purpose of representing the employees working in postal outlets located in the retail premises of Pharmaprix franchisees.The CIRB concluded that the true employer of the employees who were the subject of the application for certification was the franchisee of each Pharmaprix establishment named in the application, and not the Canada Post Corporation since the franchisees met all the requirements of an employer.The CIRB was also of the view that it lacked the constitutional jurisdiction to rule on the application for certification of the union since although the operations carried out in postal outlets may be considered as forming an integral part of the service offered by Canada Post Corporation, which is under federal jurisdiction, Pharmaprix franchisees remain under provincial jurisdiction since (i) the services offered at postal outlets do not represent a significant part of Pharmaprix franchisees’ activities and (ii) that such services form an integral part of their retail mission.As the period for appealing is not yet expired, we invite you to follow the evolution of this decision on our website.
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Katia Opalka, an expert in environmental and Aboriginal law, joins Lavery
Lavery is pleased to announce that Katia Opalka, a corporate lawyer specialized in environmental and Aboriginal law, has joined the firm as a partner in our Montreal office.Ms. Opalka completed studies in Canadian history, civil law and common law at McGill University before beginning her career as a member of the national environmental law group in a major Canadian firm in 1998. Since then she has acquired extensive experience in both the private and public sectors, as an adviser to industry and an expert on environmental law enforcement. Between 2001 and 2008 she served as the Canadian legal officer for the NAFTA Commission for Environmental Cooperation (CEC). There she worked in English, French and Spanish and gained a valuable understanding of environmental law enforcement policy and practice in Canada, the U.S. and Mexico.Ms. Opalka helps clients identify and manage environmental and Aboriginal legal risks that can slow down or block project approval or materially affect the business condition of a company. In addition to her in-depth knowledge of Quebec environmental law, she brings to the table extensive expertise regarding federal jurisdiction over the environment, including species at risk, migratory birds, fisheries, and the duty to consult. Her experience covers the spectrum from natural resources through energy to manufacturing, and includes government and public relations, environmental assessments, class actions, contaminated sites and waste management.Ms. Opalka is an Adjunct Professor at the McGill School of Environment and a member of the Quebec and National Divisions of the Canadian Bar Association Section of Environment, Energy and Natural Resources. She has published widely on environmental law matters and is a frequent speaker at commercial conferences.“Lavery is very pleased that Katia Opalka has joined our firm. She is a valuable addition to our environment, energy and natural resources team. Her expertise and her many contacts in other markets will contribute to consolidating our position as the go to business law firm in Quebec”, said Don McCarty, Managing Partner of the firm.