This section keeps you up-to-date on the latest news and upcoming public appearances of Lavery professionals.
News
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Simon Lemay gives a conference on recent developments in trademarks
On November 18, 2016, Simon Lemay, partner and coordinator of the Intellectual Property group, gave a conference entitled “Developments in trademarks – Descriptive trademarks” (“Développements en matière de marques de commerce – La marque descriptive” during a Barreau du Québec training session, Recent developments in intellectual property law (2016) (Les développements récents en droit de la propriété intellectuelle (2016)).
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Alain Heyne participates in the Barreau’s Rendez-vous de la formation continue « Les nouveaux modèles d'affaires — Pour mieux servir vos clients »
On December 1, 2016, Alain Heyne, partner at the Sherbrooke office, participated in the Barreau du Québec’s Rendez-vous de la formation continue “New business models to better serve your clients” (“Les nouveaux modèles d'affaires — Pour mieux servir vos clients”).Alongside participants from various spheres of interest, he took part in a round table whose theme was “What will tomorrow’s law practice be like” (“De quoi sera faite la pratique du droit de demain?”). The training day was aimed at private practice lawyers who wanted to perfect the management of their practice, learn about diversified fee structures and adapt to the new realities of the clientele.
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A team from Lavery’s Sherbrooke office participates in the Défi à l’entreprise competition
For the second year running, a team from Lavery’s Sherbrooke office participated in the Défi à l’entreprise competition, whose 30th edition was held on November 19, 2016. The purpose of this friendly competition between various local businesses is to raise money for CEGEP de Sherbrooke sports teams (les Volontaires). The Sherbrooke team finished seventh out of 32 participating teams. From left to right: Dzenan Zulji, Sylvie Stang-Chaput, Mylène Boisvert, Geneviève Chamberland, Justin Gravel, Marika Couture-Houle. Bottom row: Nicolas Thibault-Bernier, Sophie Goulet, Kay-Sandra Boyer, Katy Pelletier et Annie Pouliot
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Marie Cossette and Chloé Fauchon participated to a debate on the lawyers’ freedom of expression
On November 23, 2016, Marie Cossette, partner and Chloé Fauchon, lawyer, participated to ABC-Quebec debate entitled “The limits of professional freedom of expression”. Several topics were covered and Marie Cossette, partner, acted as moderator., Chloé Fauchon encouraged the invited speakers to discuss the balance between the obligation of courtesy, the obligation to encourage respect for the courts of law and the judicial system, together with one’s duty to criticize them when necessary.
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Passing of the Honourable J. Fraser Martin, former Lavery partner
It is with great sadness that Lavery announces the passing of the Honourable J. Fraser Martin, a former partner of the firm, on November 26, 2016, at the age of 77. Mr. Martin was appointed to the Superior Court in 1983, where he served for 31 years before retiring. Prior to this, he practised at Lavery for 16 years, from 1967 to 1983. Lavery extends its sincerest condolences to Mr. Martin’s family and friends. The family will receive condolences on Thursday, December 1, from 1 p.m. to 4 p.m. at Résidences Funéraires F. Aubry et Fils (434 Main Street, Hudson), where a brief commemorative service will be held. In lieu of flowers, a donation to the Lakeshore General Hospital Foundation, the Vaudreuil-Soulanges Palliative Care Residence Foundation, or any other organization of your choice is preferred.
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Marie Cossette shares her 7 key tips to master the art of listening
Marie Cossette, partner and L’effet A leader, shared her “7 key tips to master the art of listening” (“7 clés pour devenir une pro de l’écoute”) in an interview published on the L’effet A website November 9, 2016. She stressed that learning to listen is a fundamental skill to master to progress in one’s career. Listening makes it possible to get a better understanding of our professional environment and create trust-based relationships with colleagues and teammates. L’effet A’s mission is “to drive women’s professional commitment to give them the courage to excel and take concrete actions by showcasing inspiring leaders who offer a new perspective on female ambition as well as offering practical tools adapted to the new realities women face.”
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Lavery and Marie Cossette inspire professional ambition in women
Marie Cossette, a partner at the firm and one of the leaders of the first cohort in the L’effet A initiative in Quebec City, has set up a challenge for participants who have chosen her as a leader. She has recruited participants from both the culturaland corporate world thus creating interesting networking opportunities. Four Lavery lawyers (Paméla Kelly-Nadeau, Chloé Fauchon,Sarah Leclerc and Anthonie Vézina-Crawford) have taken the Défi 100 jours L’effet A (link to French-only website): a unique professional training program with an innovative approach that identifies talent and encourages women to adopt a more ambitious attitude that will help boost their careers. The experience is based on three pillars: 1) inspiration- the implication of well-known leaders and coaches, 2) action- by taking up challenges and completing exercises and 3) sharing,-through interaction with women from all professional spheres.
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Les Vergers Leahy wins its case vs. UPA and CPTAQ
Les Vergers Leahy, represented by Daniel Bouchard, have won a major victory after a 14-year legal saga against the Fédération de l’UPA and the Commission de protection du territoire agricole du Québec (CPTAQ). The Tribunal administratif du Québec authorizes a water drawing project for bottling in an agricultural zone.
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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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Lavery acts on behalf of Vert Médical within the scope of its acquisition by Canopy Growth Corporation
On November 1, 2016, Canopy Growth Corporation acquired Vert médical, a Quebec-based producer of medical marijuana. Lavery represented Vert médical in this file. Vert médical is a company that’s currently awaiting an authorized producer permit from Health Canada that will allow it to legally grow medical marijuana in its ultramodern plant in Saint-Lucien. In return for Vert médical’s shares, Canopy Growth assumed a debt of approximately $500,000 and acquired the lease and the right of purchase on 90 acres of land and a 7,000-sq.-ft. administrative center and indoor growing plant. Moreover, it will issue Canopy shares – close to 300,000, to be issued progressively as a function of reaching certain milestones – to former shareholders. Canopy also simultaneously acquired 75 % of the issued and circulating shares of Groupe H.E.M.P.ca, in return for a payment $300,000, the issuance of close to 260,000 capital shares and the assumption of certain debt obligations. Lavery’s team consisted of Marilyn Paré and Alicia De Praeter, lawyers in the Business law group. Over the course of the mandate, they were supported by Vincent Towner and Mylène Boisvert (Real estate), Dave Bouchard (Employment law) and Guillaume Synnott and Josianne Beaudry (Securities).
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Jean-Philippe Turgeon and Stéphanie Destrempes publish an article in the Franchise Law Journal
Jean-Philippe Turgeon a partner and the head of Lavery’s Franchising and distribution group, and Stéphanie Destrempes, a lawyer from the same group, have written an article entitled “The Franchisor’s Duty to Police the Franchise System” in the Franchise Law Journal published by the American Bar Association (ABA) [Volume 36-1 (Summer 2016)] in collaboration with Craig Tractenberg, partner at Nixon Peabody LLP (in New York). This article provides a comparison analysis (Canada and U.S.A.) of the franchisor’s implied duty, in correlation with the long term nature of the franchise agreement to protect its brand and maintain sustainable franchise system operations. The article also discusses the application of the business judgment rule.
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François Parent and Guillaume Lavoie present a conference on “Investing in a private equity fund: Review of key issues and rules for defined benefit pension plans”
On October 19, 2016, François Parent and Guillaume Lavoie, partners, gave a conference hosted by the Lavery Capital group entitled “Investir dans un fonds d'investissement privé” (“Investing in a private equity fund”). The conference aimed at presenting certain important principles that defined benefit pension plan administrators must keep in mind before investing in a private equity fund, real estate fund or hedge fund.