This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Dina Raphaël quoted in an article published in the journal Finance et Investissement
Ms. Dina Raphaël, partner at Lavery and an expert in the area of insurance law, is quoted in an article of the journal Finance et Investissement and entitled "Assurance responsabilité : des contrats à revoir". The text deals with an important judgment where the Québec Court of Appeal ruled that the provision excluding gross fault, which is included in a liability insurance policy, was of no force or effect. Ms. Raphaël pointed out, among other things, that the judgment will compel insurers and policyholders to review the exclusions written into liability insurance policies. However, any exclusion for gross fault is not necessarily null and void. Click here to read this article (in French only).
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Gérard Coulombe, Q.C., winner of a 2012 Zenith Award!
Gérard Coulombe, Q.C., partner at Lavery, was given a Zenith Award on October 11 during a gala event in Toronto. This distinction is awarded by the legal directory Lexpert to recognize annually the work of lawyers who are Canadian leaders in the legal profession. According to Lexpert, Gérard Coulombe distinguished himself as a leading practitioner in business law and tax law. In the latter case, as a special advisor to the Minister of Finance of Canada from 1972 to 1977, Gérard Coulombe had the responsibility to negotiate agreements between Canada and more than 40 countries, with the aim of avoiding double taxation. This advertisement was published in a special issue of Lexpert devoted to the 2012 Zenith Awards.
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Appointment of Justice Richard Wagner to the Supreme Court of Canada
Lavery is proud of the appointment, last October 5, of Mr. Justice Richard Wagner, a former lawyer of the firm, to the Supreme Court of Canada. After completing his law degree at the University of Ottawa in 1979, Justice Wagner practised for almost 25 years at Lavery. An articling student with the firm in 1980, he was hired as an associate the same year, and became a partner in February 1988.A thorough and passionate jurist, Justice Wagner became an accomplished and recognized litigator in the areas of commercial litigation, professional liability and construction law. He was diligent in responding to the requirements of Lavery's clients, attentive to the needs of his colleagues, and also contributed as a mentor and educator to the success of many young lawyers at Lavery.In addition to participating actively in several committees of the firm, Justice Wagner was always very involved in the legal community. Among other things, he was a founding fellow of the Canadian College of Construction Lawyers in 1998, and was elected as the bâtonnier of the Bar of Montreal for 2001-2002. He also sat on the board of directors of the Quebec Branch of the Canadian Bar Association, chairing the Construction Law Section in 2003-2004. In June 2005, he received the Quebec Bar's Award of Merit for his contribution to the legal profession.In September 2004, he was appointed as a judge to the Québec Superior Court, a position he held until he was appointed to the Québec Court of Appeal in February 2011. For Lavery, the appointment of Justice Wagner to the highest court in the country is an honour that brings credit to the firm as a whole.
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Carolyne Corbeil author of an article in Industrie & Commerce magazine
Carolyne Corbeil, lawyer at Lavery, is the author of a text that was published in the September-October 2012 issue of Industrie & Commerce, and entitled "Nouvelles embûches pour l’employé offrant ses services par l’entremise d’une société". In this article, Carolyne Corbeil analyzes the impact of a new provision in the Canadian Income Tax Act that significantly increases the tax rate applicable to personal services businesses (PSB). She particularly examines the rules to qualify for the status of PSB, the regime governing this category of business and the new tax measure proposed by the Minister of National Revenue.Click here to read this article (in French only).
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Dina Raphaël and Nathalie Durocher co-authors of an article in Premières en affaires magazine
Dina Raphaël and Nathalie Durocher, respectively partner and lawyer at Lavery, published a text in the August-September 2012 issue of Premières en affaires, entitled "Votre contrat d’assurance sur Internet". In this article, they focus on the legislative and legal challenges of a fast-growing phenomenon: the online distribution of insurance products. Ms. Raphaël and Ms. Durocher observe that the insurance industry is currently going through significant changes and the Internet represents a very interesting marketing tool for the industry. In their concluding comment, they point out that such a tool must be used with caution and according to the current laws governing the distribution of insurance products and the formation of the insurance contract while taking into account consumer rights. Click here to read this article (in French only).
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Marie-Claude Perreault in a short video of the Ordre des conseillers en ressources humaines agréés
Marie-Claude Perreault, CIRC, partner at Lavery, appears in a short video of the Ordre, which is focused on the key human resources trends from an occupational health and safety standpoint. In her comments, Ms. Perreault briefly discusses three major challenges that corporate human resources managers are confronted with:• the importance of good governance with respect to occupational health and safety files;• the financial management of employment injury files; and• the management of psychological injury files.Click here to view the video :www.portailrh.org/StudioRH/MCPerreault
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Lavery represents Black Diamond in the acquisition of White Birch Paper Company in Quebec
On September 18, 2012, Black Diamond Capital Management, L.L.C. and BD White Birch Investment LLC announced the acquisition of the assets of White Birch Paper Company, the second largest newsprint manufacturer in North America. This transaction represents an important milestone in the restructuring process of the business commenced more than two years ago and will ensure the long-term viability of the new company. Black Diamond, a US-based independently owned alternative investment firm, was represented in Quebec by a multidisciplinary team from Lavery, which included Jean-Yves Simard and Jonathan Warin (restructuring and insolvency), Catherine Maheu, Josée Dumoulin and François Parent (labour and employment; pension and benefits), Dominique Bélisle, Brigitte Gauthier, Chantal Joubert and Étienne Guertin (financing and real estate law), Jean-Sébastien Desroches, Guillaume Lavoie, Ariana Lisio and Maxime Bergeron (business transactions, mergers and acquisitions), Yvan Biron and Sophie Prégent (environment) as well as Philippe Asselin and Audrey Gibeault (tax law). The Lavery team demonstrated its expertise and worked closely with colleagues at Goodmans (Toronto) and Skadden (Chicago), both counsel to Black Diamond.
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Lavery Welcomes Nine New Lawyers
Lavery is pleased to announce that nine lawyers have joined the firm during the last months. Adding these young professionals to the Lavery team demonstrates the firm’s willingness to attract new talent and optimize its service offering in areas of practice that respond to the needs of business clients in Quebec and elsewhere in Canada. These new lawyers will be members of three of the firm’s practice groups. Business Law Year of CallMs. Bianca Laliberté 1999Ms. Catherine Méthot* 2010Ms. Audrey Gibeault 2011Mr. Maxime Bergeron* 2011Mr. Étienne Guertin* 2012 LitigationMr. Michael Beeson 2011Mr. Alexis Devroede-Languirand* 2012Mr. Dominic Boisvert* 2012 Labour and Employment LawMs. Paméla Kelly-Nadeau* 2012*Articling student at Lavery. "The addition of these talented lawyers shows that Lavery gives priority to succession planning. We are dedicated to developing the skills of these young men and women within our firm. In this regard, our commitment is particularly expressed through our support of articling students. Among the nine new Lavery lawyers, six completed their articling at our firm", says Élise Poisson, Lavery’s managing partner.
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Donald McCarty to Become Managing Partner of Lavery in January 2013
Lavery is pleased to announce that Donald McCarty will become the firm’s managing partner commencing January 1st, 2013. He is currently Vice President, Law, as well as General Counsel and Secretary of Imperial Tobacco Canada (ITCan). Donald McCarty previously practised law at Lavery from 1979 to 1997, becoming a partner in 1987. A member of the Québec Bar and the Law Society of Upper Canada, he developed a practice specializing in business and environmental law, serving a number of local and multinational clients mainly in the fields of natural resources and environmental services.Mr. McCarty joined ITCan in 1997 and two years later was appointed Vice President, Law, and General Counsel. In addition to managing the Law Division, he sat on the company’s board of directors and was a member of its Canada Leadership Team. He notably oversaw a number of major financial transactions and commercial restructurings, and guided the company through events and issues that have shaped and defined the business activities not only of the company but of the industry. He also implemented innovative legal strategies for the management of major litigation and in 2005 received the Canadian General Counsel Award, presented by National Post and ZSA Legal Recruitment, in the category of Litigation Management and Corporate Restructuring."This appointment to the leadership of our firm is part of the ongoing implementation of our strategic vision," said Richard Dolan, chairman of Lavery’s board. "For many years, Lavery has been known for its business law positioning and for a range of services focused on the needs of the business community. With the arrival of Don, our clients will benefit from the experience of a senior business and litigation lawyer, while our firm will gain the expertise of a high-level corporate executive with a profound understanding of the legal services industry."
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Lavery Launches its New Plan Nord Blog
Lavery is pleased to announce the launch of its new Plan Nord blog. This blog will regularly provide information to its readers on various relevant topics, including articles on the business opportunities created by Plan Nord, current news, legislative and regulatory updates as well as on Plan Nord events organized by Lavery. "Lavery’s blog contributors have thorough knowledge of the areas targeted by Plan Nord, such as mining law, environmental law, Aboriginal law, energy and natural resources, labour relations, transportation and infrastructures, and municipal law", said René Branchaud, a Lavery partner who is actively involved in Plan Nord projects. here. --> We also invite you to follow us on Twitter.
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Louis Rochette receives the Queen Elizabeth II Diamond Jubilee Medal
During a ceremony, which was held in the presence of close family members, Louis Rochette, partner at Lavery, was awarded the Queen Elizabeth II Diamond Jubilee Medal, that was created to mark the 60th anniversary of the Queen’s accession to the throne in 1952. This honorary distinction recognizes Canadian citizens who have made a significant contribution to a particular province or community in Canada, or an achievement abroad that brings credit to the country. Our congratulations to the recipient of this commemorative medal, Louis Rochette!
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Nicolas Gagnon recognized for his expertise in the area of construction and infrastructure
The September 2012 issue of the Globe and Mail Report on Business includes an insert entitled 2012 Lexpert/Report on Business Special Edition – Infrastructure (ROB Infrastructure) in which Nicolas Gagnon, a Lavery partner, is recognized as a leading lawyer in Canada in the area of construction and infrastructure law.To read this issue, please click here.