Description of Practice Areas
Although arbitration is not suitable for all situations or budgets, alternative modes of dispute resolution, like arbitration, remain the mode of choice for a majority of our customers who wish to have confidential and efficient settlement of their commercial disputes.
By establishing a set of universally accepted rules, commercial arbitration remains the preferred choice for our business clients operating in various countries, particularly where recourse led by rules of a foreign court can sometimes provide a strategic advantage to the opposing party.
The application of their specific rules in an arbitration forum, the presence of complex business disputes, and the frequent use of foreign law and rules of procedures by our attorneys highlight the advantage that our clients have when they rely on the experience and legal maturity of our legal professionals.
Our attorneys provide trustworthy legal advice to our clients in local, national, and international disputes.
The members of our arbitration team are: Ricardo Hrtschan
CORPORATE AND COMMERCIAL LAW
Our approach to business law, whether in business transactions, commercial contracts, mergers, acquisitions or the sale of businesses, is based on a rigorous legal approach coupled with long experience in negotiation. Our basic principle is that the specific circumstances of our clients dictate form and tactics – only in this way can the client’s objectives be realized favourably and efficiently.
We also offer incorporation services for profit and non-profit corporations, as well as the upkeep of minute books and related corporate law services. When organizing companies, we strive to anticipate the future needs of the business, such as financing, so that it can be structured in a way that will facilitate its growth and prosperity.
As occasionally happens, our corporate clients become involved in claims and lawsuits. Our litigation department is especially tuned to represent our corporate clientele when the need arises.
The members of our Corporate and Commercial law section are: Vincenzo Carrozza, David Crevier, Jean Delage, Monique Dionne, Armand J. Elbaz, Ricardo Hrtschan, Michael Martin, Valerie Miglia, Michael Polak, Steven Roch, Campbell Stuart & Philippe Vaillant
BANKRUPTCY, INSOLVENCY AND REALIZATION
Our firm has experience in all aspects of bankruptcy, insolvency and realization matters. We negotiate and put in place corporate restructurings for our corporate clients, both public and private. We also work with creditors to maximize their returns in situations of insolvency and bankruptcy, both through negotiated arrangements and realization and insolvency litigation.
EMPLOYMENT AND LABOUR LAW
Human resources, personnel management and related topics are a daily preoccupation for all enterprises, and a decision touching employment matters can have an important legal impact. We work closely with our clients to advise and implement strategies both to avoid conflict and to resolve it expeditiously. To deliver on this promise we bring to bear our expertise in many areas, from the structuring of transactions to the elaboration of clients’ human resource policies.
Of course, going to court is sometimes unavoidable. In such cases our clients can count on us to represent and act on their behalf before all tribunals, whether civil or administrative.
Helping our clients comply with environmental laws and protect the environment is an important and growing part of the firm’s practice.
Almost every business is subject to environmental protection legislation. Our firm provides advice regarding federal and provincial environmental legislation, and defence regarding complaints or proceedings alleging breach of such statutes. We also assist our clients in obtaining and maintaining all environmental permits, licences and approvals which are required to comply with environmental laws, and help them negotiate agreements in this area. We have also had significant success in proceedings taken to protect the environment and natural spaces.
FAMILY & MATRIMONIAL LAW
We represent clients in all aspects of family matters whether it is for a divorce, a separation or an annulment of a marriage.
We claim child custody and access rights and apply for financial support on behalf of both spouse and child. We deal with the division of family patrimony while watching the tax impacts of such process.
We encourage peaceful settlements of all aspects of family law but when necessary we use litigation as an added tool to efficiently represent our clients.
We represent clients for various aspects of the immigration process.
We have developed an expertise in applying for visitors' visas, students' visas and applications for permanent residence.
We prepare and file applications for investors' visas (Quebec) and businesses' applications for employee transfers from foreign countries.
We also represent clients before the Immigration and Refugee Board as well as the Federal Court.
The members of our Immigration section are: Armand J. Elbaz
INTELLECTUAL PROPERTY, TECHNOLOGY AND MEDIA LAW
Our expertise in the fields of intellectual property, technology and media law is one of the pillars of the firm's business law practice. No company operating in today's competitive environment can afford to neglect the protection of its intellectual capital and technology. We are particularly sensitive to these issues given that we counsel companies involved in cutting edge sectors where such protection is critical. We counsel and represent our clients in matters relating to copyright, trade-marks, trade secrets, industrial designs and patents. We work with patent agent partners to obtain the issuance of patents and industrial design registrations in Canada. We have vast experience in litigating domain names and other issues relating to technology, software and the Internet. We regularly negotiate key agreements such as development agreements, strategic alliance agreements, distribution agreements, licensing agreements and technology transfer agreements that relate to fields such as electronic commerce, biotechnology, software, the production of electric and electronic components, and the like.
We also have a strong presence in media law, where we counsel and represent clients in matters relating to copyright law, libel and defamation, privacy and advertising. We have extensive expertise in defending the media in matters of freedom of expression and our litigation department handles high-profile disputes in this field.
We also regularly make representations before regulatory authorities such as the Copyright Board, the Canadian Radio-television and Telecommunications Commission (CRTC), the Conseil de presse du Québec and the Canadian Broadcast Standards Council (CBSC).
Litigation is often a necessary part of doing business. Our guiding principle is that litigation is a means to accomplish a goal, and never an end in itself. We work with our clients to try to prevent litigation or, if necessary, to position them strategically if litigation becomes inevitable. We appear before provincial and federal courts at the trial and appellate levels, and before virtually all administrative tribunals. Our particular areas of expertise include:
- Commercial litigation
- Competition matters
- Employment matters
- Intellectual property and technology
- Libel, defamation, privacy and personal information
- Real estate
- Realization on security and foreclosures
- Shareholder disputes
The firm has a long history in the service of the mining industry in Quebec, Canada and elsewhere. We have expertise in negotiating, preparing and closing transactions relating to the purchase of mining rights, property options and joint ventures, whether for junior exploration firms or for senior producers, public or private. Our extensive experience in the registration and verification of mining rights is essential to any client acquiring or maintaining properties, as is our expertise with operating, milling and financing agreements for production.
Municipal law is an important element of every business.
Whether it is a question of permits, zoning, evaluation, transfer taxes or real estate taxes, municipal regulations form an integrate part of every personal and commercial activity.
Our lawyers, including a couple who have served on municipal councils themselves, help our clients navigate municipal bureaucracies and the regulatory framework which governs municipalities in their dealings with individual and businesses.
Not only do we help our clients with regulatory compliance, we can also challenge, on their behalf, municipal regulations and decisions which are either illegal or which exceed the authority of the municipality in question.
NON PROFIT LAW
The firm has a long tradition of supporting the non profit and charity sectors of our society. We provide counsel and expertise in all aspects, including incorporation under federal and Quebec legislation, the organization, governance and functioning of charities and nonprofits, as well as their compliance with tax and other legislation.
REAL ESTATE LAW
Our firm provides the full range of services in commercial and industrial real estate matters, including joint ventures, development projects, secured financing, leasing, property management and construction. Our clients, large and small, can rely on our many years of negotiation experience, sound planning and effective follow-through in real estate transactions of all sizes and types. We also provide litigation services in all areas of real estate, construction and related fields.
SECURITIES LAW AND CORPORATE FINANCE
Securities law is an essential element of our business law practice. We assist our clients at every step in their evolution, from starting up as a private company to accessing capital markets by going public, and beyond.
For more than 25 years we have been organizing financings for our corporate clients, often by way of prospectus offerings to the national public markets, and often by way of private placements tailored to individual investor preferences. In doing so we have developed a number of contacts with substantial financial resources, which may from time to time be available to our clients in their search for capital. We regularly represent our clients with securities commissions, exchanges, financial institutions and brokerage houses with respect to transactions and other matters within their jurisdiction and competence, such as equity distributions, underwritings, disclosure obligations, related party transactions, evaluations and fairness opinions, amalgamations and changes of control.
We have solid experience in preparing all documentation which our clients must provide to their shareholders for their transactions and activities subject to regulatory control, including prospectuses, offering memoranda, management circulars and proxies, take over bids, stock exchange listings, underwriting agreements and press releases. We are experts in providing, simultaneously in French and in English, drafting, translation, layout and production of the voluminous and exacting documentation required by these transactions.
We also make sure that our clients stay up to date and in compliance with their regulatory obligations.
As business lawyers, we know that our clients must depend on experienced professionals in taxation matters. The tax consequences of commercial transactions are not only numerous and complex, but often determine how a deal is structured. We are conscious of this reality and strive to offer tax advice tailored to our clients’ specific circumstances, needs and ultimate objectives.
We make it our specialty to advise Canadian and foreign corporations, large and small, private and public, on all tax matters relating to their commercial activities, including:
- purchase and sale of a business
- mergers and other corporate reorganizations
- national and international commercial transactions
- tax litigation
We advise individuals in their personal and estate tax planning, and non-residents regarding the taxation aspects of their investments in Canada. We also represent our clients before the courts and in negotiations with tax authorities.
The head of our tax law section is Jean Delage