Commercial law2016-11-20T18:13:57+00:00

OUR SERVICES | COMMERCIAL LAW

BANKRUPTCY, INSOLVENCY AND RESTRUCTURING

Insolvency occurs when an individual or a company is unable to meet pay its liabilities as they become due. Corporate restructuring may then become necessary to avoid bankruptcy, and our firm has the necessary skills to assist clients with restructuring their business, or make a proposal to creditors. Similarly, we can guide clients through the assignment procedure.

Our professional team also provides services of representation before judicial courts on behalf of debtors or any interested party in the context of disputes opposing them to creditors or trustees.

Our lawyers also represent creditors who want to prove their claims and monitor the liquidation of the assets of a bankrupt. Likewise, we represent creditors and trustees in litigation to challenge preference transfers or transfers at undervalue by the bankrupt, or to obtain the lifting of the stay of proceedings.

A bankruptcy ends by the discharge of the debtor, and that step may also require the assistance of our legal professionals.

BUSINESS LITIGATION AND SHAREHOLDER DISPUTES

Our professionals work together with business clients such as small and medium enterprises (SME) to solve disputes between majority and minority shareholders.

We understand that such conflicts are demanding for our customers and affect the conduct of their business operations. Consequently, we can quickly take action via various recourses such as urgent safeguard orders, on behalf and in the best interest of our clients. Our main goal remains to limit the dispute’s negative impact on the corporation.

Over the years, our lawyers have acted in oppression remedies under the federal and provincial Business Corporations Acts. Remedies such as these specifically intend to protect the interests of shareholders in contexts of unfair competition, fraud, customer poaching and misuse of power.

We also assist our clients in regard to disputes arising from the enforcement of shareholder agreements. We can assist in preparing and negotiating share purchase offers made pursuant to “Shotgun” and forced withdrawal clauses.

Our team is focused on meeting your needs by exploring various options to resolve your disputes through interest-based negotiation as well as private dispute resolution methods such as mediation and arbitration.

MERGERS AND ACQUISITIONS

Our legal professionals are qualified to assist clients in meeting their business objectives, including by business acquisitions and mergers. The lawyers of our firm take pride in piloting major business transactions with constant attention to detail. They make sure to get an understanding of the company’s business environment before beginning with the negotiation process. Our lawyers will help implement creative and tailored strategies aimed to meet the needs of our clients.

In the course of transactions, we are involved in the development of an adequate legal, taxation and financial structure in order to achieve the client’s business objective.

To reach this goal, we can provide you with a vast network of skilled professionals, such as tax experts and accountants to assist our clients throughout the process.

Our firm is also available to participate in the due diligence process, an essential step in the purchase a business to limit the associated risks.

We can negotiate, draft and enforce contracts and other legal and corporate document in order to achieve the desired transaction. Our goal is to protect your interests, but also to help you attain your business development objectives.”

CORPORATE LAW

With regard to business corporations and partnerships, our legal experts can help you set up the necessary legal structure to carry out your projects and reach your business goals.

Our lawyers, paralegals and other professionals can help you get started in business or improve your business. We can help you with the incorporation, the annual updating or the dissolution of federal or provincial business corporations according to your needs. We can also help you manage the share capital of your corporation, and facilitate the financing of your various projects and investment opportunities.

To allow you to focus your time and energy on the development of your business opportunities, we provide corporate record keeping services to create and periodically update your corporate books and records, as well as file the mandatory declarations to the various authorities.

In addition, our team has great expertise regarding the laws governing non-profit organizations, and the firm has a particular experience with religious congregations.

BANKING LAW AND FINANCING

Our services with regard to financing include advising, negotiation and representation before the courts for matters involving commercial bills. Our team possesses strong experience with letters of guarantee, particularly in the context of large real estate development projects.

Our professionals have significant expertise in extraordinary remedies such as Anton Piller, Norwich and Mareva injunctions.

Our firm can also take action to enforce financing-related securities. In leasing matters, our professionals can represent lessors as well as lessees in order to protect their interests.

INVESTIGATIONS AND WHITE COLLAR DEFENCE

Prosecutions and investigations of economic crimes sometimes raise complex issues that require knowledge of various aspects of the legal and regulatory requirements, particularly in securities regulation.

Over the years, our lawyers have developed extensive experience in advising and representing clients facing notices of offence, interrogations stemming from legal obligations, investigations or prosecutions.

Such allegations or proceedings can have serious consequences on an individual or a company, its officers and directors. Our dedicated professionals accompany the client right from the moment the authorities begin their investigation in order to minimize such impact.

Our professionals have intervened repeatedly in criminal, regulatory and disciplinary whether in first instance or in appeal, before the courts of all jurisdictions in Canada.

Thus, our firm has the resources and the expertise to provide our clients with a full defence by invoking the rights provided by the statutes and by the Canadian and Quebec Charters of freedoms and rights.

TAX LITIGATION

When an individual or company is facing a claim from provincial or federal tax authorities, the assistance of qualified legal professionals is necessary. Our team of lawyers provides negotiation and representation services, including objecting notices of assessment and appeals before tax authorities and the courts.

 

Over the years, our firm has developed an important network of accountants and tax experts in order to complete each of these issues and arrive at the best solution for our customers.

Our analysis of the case will allow you to minimize risks and thereby protect your assets and your financial interests.

TRANSPORTATION LAW AND MARITIME LAW

With globalization, international trade has been on the rise for many years now. In the course of its growth, a company will often be required to deal with foreign business partners. However, international trade involves a complex set of rules that require the assistance of experienced professionals.

The statutes, regulations and agreements to regulate international commerce are often difficult to sort out and understand for the newcomers. Our team can therefore assist you in the import/export process, whether by land, air or sea. Our lawyers will be able to advise you and represent your interests with regard to the negotiation, the drafting or the execution of transport contracts. Moreover, when problems arise, we are qualified to file a claim against a carrier or insurer, or defend your company against such a claim.

Marine insurance is often seen as a separate sector, governed by its own specific rules, and our experienced lawyers can help you see things more clearly.

AGRICULTURAL LAW

Our team has a thorough knowledge of agriculture, and our clients include several major companies operating in this sector.

In contentious matters, our lawyers can assist with claims under an insurance contract for liability relating to pesticide drifts. We can also help you manage your labour relations with farm workers. Furthermore, we can assist you and represent you before administrative bodies such as the agricultural land protection commission (Commission de protection du territoire agricole). Finally, our professionals can advise and work with you to develop your business, whether for corporate matters, for the acquisition of land, equipment or corporations, and for any legal issue concerning the import and export of your products.

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Our highly qualified multidisciplinary team is available to offer you a variety of legal services. Useful counseling awaits you so we can meet all of your needs.

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