Bulletins

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A Snapshot of Our Recent Activity — Fall 2022

Profile of Martin Côté

Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter.

Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education.

Have a look at his bio sketch.

His Commitment to Youth

Now Chair of the Fondation des Camps Odyssée, Martin has devoted time and efforts for over 10 years to this organization that promotes the development and education of children and teenagers by offering them a contact with nature in a summer camp environment. As a matter of fact, the firm has partnered with the Fondation. Have a look at our recent news to find out more about our involvement.

Conferences

  • In May, 2022, he made a continuing education presentation before the Bureau de coopération interuniversitaire: La quérulence dans les milieux universitaires : Remèdes judiciaires et prescriptions pour enrayer la multiplication des procédures judiciaires;
  • On October 6, he will be presenting the webinar, Tout ce que vous devez savoir relativement au secret professionnel de l’avocat en entreprise et au privilège relatif au litige. See our upcoming events for details and registration.

Our New Members

Our talented professionals share our values and are committed to our clients’ satisfaction. They have chosen our firm to pursue their careers and we are pleased to have them with us. Welcome to all of them! 

Our firm is always looking for talented and passionate professionals. Send us your application


Headlines

Over the past few months, our firm and more specifically some of our lawyers, have been in the news through strategic nominations and various partnerships that demonstrates our commitment. The expertise of our lawyers is recognized by the community as well as by certain legal directories, confirming our firm’s status as a leading player. 

We are also maintaining our long-standing social commitment. We recently announced our contribution to  the Fondation des Camps Odyssée to support youth development. Learn more about our commitment by watching video announcements from our CEO Andrew Penhale and Martin Côté, a partner in our firm and President of the Foundation des Camps Odyssée.

Be the first to know by subscribing to our communications or by following us on LinkedIn.


Our Representative Mandates

Here is an overview of our activities over the past few months:

Business Law

  • Represented Aquavap Group, operating in heating, ventilation, cooling and filtration, in the buyout of its co-shareholder in the maritime businesses Aquavap Agencies Atlantic Inc. and Atlantic Cooling Tower Services Inc.
  • Represented Morbern Inc. and its affiliates in the completion of a secured financing with the Business Development Bank of Canada.
  • Assisted Ontario Cutting & Coring Limited with its extra-provincial registration at the Quebec Registrar of Entreprises and its successful application for a specialized construction permit from the Régie du bâtiment du Québec.
  • Represented Energi PR Inc. in the sublease of its Toronto office premises
  • Provided advice to an international company on compliance with Quebec lobbying legislation.
  • Opposition by our client, holder of the trademark Jukebox, used for a variety of beers, to the registration of the trademark Juke by a third party.
  • Representing the shareholders of a family business in the towing industry in the sale of their shares.
  • Representing medical specialists in the sale of their clinic.
  • Representing a shareholder of a company in the agricultural supplies industry in the sale of his shares to the other shareholder.
  • Advising two investors in the acquisition of their first commercial- and residential-use property.
  • Merger of two retail businesses with important online activity, located in Montréal and Toronto, respectively, and negotiation of a shareholders’ agreement.
  • Advising the shareholders of a major hotel complex for the sale of their shares.
  • Advising a pharmacist, franchisee of a major franchisor, for the transfer of the business to a team of pharmacists.

Civil and Commercial Litigation

  • Application to have the plaintiff declared a vexatious litigant following frivolous claims alleging discrimination and asking for over $4 billion from various defendants. Granted.
  • Defending a student union against a $1.5-million claim by a student, vice-president of the association, who was disciplined for an alleged sexual assault, which was then publicized in the student press.
  • Defending a university against a claim for damages by a student alleging discrimination based on language and political convictions. Claim dismissed for absence of jurisdiction of the Human Rights Tribunal.
  • Defending the lessee of a commercial space against a claim for damages and for resiliation of the lease, for alleged late execution of its obligations. Claim dismissed: since the lessee came into possession of the premises much later than the date of coming into force of the lease, it cannot be blamed for a belated execution of its obligations.
  • Defending the directors of an Internet access provider against a claim for the refund of the excess fees under false representations to cover alleged costs of usage that were not included in the flat fee agreement.
  • Represented the plaintiffs in a claim for the sale price of the shares of a family business, the defendant being the guarantor of the sale price.
  • Representing a minority shareholder in proceedings to declare that the majority shareholder had committed oppression by personally selling products that should have been sold through the company, thus misappropriating revenues.
  • Defending a USA architect firm sued in the United States regarding the construction of a structure related to the Arthur Ashe tennis stadium, in Flushing Meadows, NY. Debate over the execution in Quebec of a rogatory commission for the communication of financial and accounting documents. Judgment was obtained ordering the remittance of the documents sought.
  • Obtained a temporary injunction to compel a medical clinic to give back a doctor the files following the termination of contract relations between the parties. The doctor was seeking to notify his patients in order to comply with the Code of ethics of physicians.
  • Defending a web host unjustly accused of hacking of a competitor’s servers and deleting third-party information located on these servers.
  • Successfully obtained court ordered seizures for the securing and preservation of documentation and data in electronic form in possession of defendants without authority.
  • Obtaining court orders against ex-shareholders, directors and employees who absconded with confidential proprietary information to join business competitors, ordering them to remit back the appropriated materials and to cease using same.
  • Obtaining court orders forcing Internet hosts and carriers to divulge the IP addresses of persons who anonymously posted libelous statements attacking businesses so that cease and desist injunction orders could then be rendered against the defendant once identified.
  • Obtaining injunction orders forcing defendants to cease using plaintiff’s intellectual property with respect to construction products and designs, including orders forcing defendants to wipe out offending materials from their websites and related electronic communications.
  • Obtaining court orders ordering an Estate to advance legal fees to a liquidator forced to institute legal proceedings to protect the rights of the heirs.

Labour and Employment Law

  • Application for cancellation of the certification of a labour union; dismissed since it was not filed within the prescribed period, as an application for dispute arbitration had been filed under s. 93.1 of the Labour Code.
  • Defending an employer against a complaint for unlawful dismissal. Complaint dismissed: the position occupied by the complainant was abolished for good reasons and she did not have the skills required for the new position created to replace the old one.
  • Defended an employer against a complaint for unlawful dismissal, since related to an employment injury. Complaint dismissed since the employee broke the relationship of trust by making misleading statements when the employer challenged his declaration of incapacity.
  • Challenging a decision of the CNESST that the activities of a shipyard fall under provincial jurisdiction.
  • Represented a stockbroker after his constructive dismissal that followed the unilateral change in his compensation by his former employer.
  • Representing a manufacturing company in a claim for damages after the untimely resignation of a vice-president and the violation of his non-competition obligations.
  • Representing a mid-level manager after his constructive dismissal that followed the withdrawal of his min responsibilities by his former employer.
  • Represented the family of a 22-year-old employee killed in a workplace accident, in a claim for the difference between the real damages and the amount paid by the workers compensation board (CNESST).
  • Defending a multinational company against a complaint for unlawful dismissal The employer alleges that the dismissal was justified by an investigation for psychological and sexual harassment having revealed many inappropriate comments by the employee before employees and customers of the company.
  • Representing a mid-level salaried executive alleging having been terminated without cause by a major pharma company. Allegedly in the course of a reorganization, the company took away his tasks to give them to a more junior employee with an inferior salary.
  • Counselling lawyers and human resources advisors outside Quebec on matters of vaccination in the workplace, employment terminations, Quebec legislation on employment contracts, workplace accidents, investigating criminal and employment records, the Charter of Human Rights and Freedoms, the Charter of the French Language and the Act to promote workforce skills development and recognition.

Estates, Wills and Trusts

  • Instituted proceedings against the trustees of a testamentary trust on behalf of the succession of the late trust beneficiary. RSS alleged that the trustees had failed to properly administer the trust by violating the terms of the will which constituted it. Despite one of the trustees being inactive throughout his administration of the trust, his failure to intervene to protect the trust beneficiary nevertheless constituted a breach of the obligations incumbent upon him as an administrator of the property of another. The litigation was settled before trial with a favourable result for the client.
  • Successfully defended an estate against an application to annul a legacy to a public foundation.
  • Represented a trustee and liquidator of an estate in proceedings to decide whether an amount of capital gain is capital or income of the trust.
  • Representing a colegatee in a litigation based on the conflict between two wills, the opposing party alleging that the testator was incapable when he drafted the more recent will, favourable to our client.
  • Advising the court-appointed guardian to an incapable person in British Columbia with respect to the appointment of a tutor for the sale of immovable property in Quebec.
  • Advising a spouse on estate planning including establishing a trust for children in the context of an impending divorce. 

Transportation

  • Application to increase the frequency of inter-city bus following the relaxing of travel restrictions imposed during the COVID-19 pandemic.
  • Successfully opposed an application by a competitor that sought to suspend our client’s request for a transportation licence so the competitor would be heard in priority.
  • Representing a driver of heavy vehicles in a hearing before the Commission des transports to decide whether certain offences justify the withdrawal of his driving privilege. Conclusion favourable to our client.

For more information on the expertise of our professionals, consult our services page and do not hesitate to contact us


Bulletins

Here’s a look at some of our lawyers’ most recent publications. 

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Events

Wednesday, September 21, 12:00 – 1:00

Insurance Law Webinar: Remedies for Discrimination (in French)

Details and registration. In this webinar, Marcel-Olivier Nadeau will provide an overview of the scope of the Charter of Human Rights and Freedoms and the procedures by which the Commission des droits de la personne et des droits de la jeunesse and the Human Rights Tribunal sanction the derogation from these protections.

Thursday, October 6, 12:00 – 1:30

Civil and Commercial Law Webinar: Everything You Should Know on Solicitor-client Privilege With In-house Counsel and on Litigation Privilege (in French)

Details and registration. Martin Côté will discuss solicitor-client privilege, one of the foundations of our legal regime, looking more specifically at its application in the context of in-house lawyers.

Past Webinars

Did you miss our last webinar? Watch it below:

Below are some photos of our most recent events, including a dinner conference organized by the Lord Reading Law Society in which several of our lawyers participated.

To be the first to know about our upcoming events, subscribe to our communications and follow us on LinkedIn.

171

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Year-end portrait 2022 — Insurance Law

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