Louis-Martin O’Neill

Partner

Louis Martin O'Neill

Louis-Martin O’Neill

Partner

Louis-Martin brings extensive experience in high-stakes litigation and special situations.

Louis-Martin has been involved in virtually every recent major M&A and securities litigation in Québec. He also advises clients on a broad spectrum of corporate, competition and insolvency disputes, as well as investigations and white collar work. Clients in diverse industries, in North America and beyond, appreciate Louis-Martin’s business-minded and creative advice.

He is chair of the board of directors of Le Garde-Manger Pour Tous.

Louis-Martin O’Neill

Partner

Louis-Martin brings extensive experience in high-stakes litigation and special situations.

Louis-Martin has been involved in virtually every recent major M&A and securities litigation in Québec. He also advises clients on a broad spectrum of corporate, competition and insolvency disputes, as well as investigations and white collar work. Clients in diverse industries, in North America and beyond, appreciate Louis-Martin’s business-minded and creative advice.

He is chair of the board of directors of Le Garde-Manger Pour Tous.

Formula E Operations Ltd.

Acting for Formula E Operations Ltd. (FEO) in connection with its claims arising from the City of Montréal's decision to cancel the Montréal ePrix. This includes asserting FEO's claims against the City of Montréal and in the bankruptcy proceedings of Montréal C'est Électrique, a non-profit corporation set up by the City for the purposes of acting as promoter of the Montréal ePrix.

Leading Gas Retailer

Acting for a leading gas retailer in two class actions alleging a conspiracy to fix gasoline prices in 14 different cities and regions in Québec.

Triumph Aerostructures, LLC

Acted for Triumph Aerostructures, LLC, in connection with its dispute with Bombardier Inc. regarding the wing designed and manufactured by Triumph for Bombardier's Global 7000 business aircraft, including a $455-million claim filed by Triumph before the Québec Superior Court. The dispute was ultimately resolved to both parties' satisfaction.

Oaktree Capital Management, L.P.

Acted for Oaktree Capital Management, L.P., in its opposition to the $475-million acquisition of Québec-based Tembec Inc. by Florida-based Rayonier Advanced Materials Inc.

Knight Therapeutics

Acted for Knight Therapeutics Inc. in successfully defending against the activist campaign, proxy contest and contested meeting led by Medison Biotech Ltd. with respect to Knight's 2019 annual meeting.

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Fonds de solidarité des travailleurs du Québec (FTQ)

Acting for the Fonds de solidarité des travailleurs du Québec (FTQ) in connection with a $20-million claim instituted by a shareholder against a former director.

Videotron Ltd.

Acted for Videotron Ltd. against a claim in excess of $18 million in connection with the termination of a share purchase agreement. Videotron terminated the agreement as a result of a material adverse event within the target. The matter was settled on the eve of the hearing before the Québec Court of Appeal.

O'Leary Funds

Acting for O'Leary Funds, one of the largest unitholders of Boralex Power Income Fund (BPT), in connection with its opposition to the takeover bid made by Boralex Inc. for the outstanding units of BPT. O'Leary is challenging the legality of the takeover bid and is seeking an increased consideration for its units taken up in connection with the takeover bid.

Caisse de dépôt et placement du Québec

Acted for Caisse de dépôt et placement du Québec in connection with an investment of $1.9 billion in SNC-Lavalin Group Inc. to finance a portion of the acquisition by SNC-Lavalin of all the share capital of WS Atkins plc. The Caisse's investment is structured as (i) a loan of $1.5 billion, secured by the value and cash flows of SNC-Lavalin's interest in the Highway 407 ETR project; and (ii) a subscription of approximately $400 million in subscription receipts of SNC-Lavalin.

IOU Financial Inc.

Acted for IOU Financial Inc. in connection with its successful response to Qwave Capital LLC's unsolicited partial takeover bid, including in injunctive proceedings asserting a breach by Qwave of a confidentiality agreement.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its $3.9-billion acquisition with Yamana Gold Inc. of Osisko Mining Corporation. The transaction involved the formation of a 50-50 partnership between Agnico Eagle and Yamana which will hold and operate the Canadian Malartic mine. The transaction also resulted in a spin-out of a new TSX-listed company called Osisko Gold Royalties Ltd. which will continue to hold a 5% royalty interest in the Canadian Malartic gold property as well as exploration assets in Mexico.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

Abitibi-Consolidated Inc.

Acted for Abitibi-Consolidated Inc. (now known as Resolute Forest Products) in connection with its merger of equals with Bowater Incorporated to create a company with a combined enterprise value of US$8 billion.

Airbus SE

Acted as co-counsel to Airbus SE, a European leader providing tanker, combat and transport aircraft, as well as a global leader in aeronautic, space and related services, in its divestiture of Vector Aerospace Holding SAS to StandardAero Aviation Holdings, Inc.

New Look Vision Group Inc.

Acted for New Look Vision Group Inc. in its $120-million acquisition, by way of plan of arrangement, of Iris, le groupe visuel (1990) Inc., which has a network of 147 retail locations across Québec, British Columbia, Alberta, Ontario and New Brunswick. The purchase was financed through various arrangements, including an increase of New Look's senior secured term facility with its bank syndicate, a new junior unsecured debt facility and an equity private placement.

Future Electronics Inc.

Acted for Future Electronics Inc. in the successful challenge of a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act (before the Superior Court and Court of Appeal of Québec and the Supreme Court of Canada).

Alstom S.A.

Acting as Canadian counsel to Alstom S.A. in its US$8.2-billion strategic acquisition of Bombardier Transportation.

Diverse Clients

Acted successfully for diverse clients before the Autorité des marchés publics to obtain or renew their authorization to contract and/or to subcontract with a public body in response to a request for information or a notice of refusal.

Ipsen S.A.

Acted for French biopharmaceutical company Ipsen in the acquisition of Québec-based Clementia Pharmaceuticals for a purchase price of US$25.00 per share in cash upfront, plus a contingent value right (CVR) of US$6.00 per share, for a total transaction value of up to US$1.31 billion.

Bulletin

A Penalty Under GAAR Will Cause Ineligibility for Public Contracts in Québec

Mar. 23, 2020 - The Act mainly to establish the Centre d'acquisitions gouvernementales and Infrastructures technologiques Québec (Act) was assented to on February 21, 2020, by the National Assembly of Québec. The Act incorporates new provisions in the government procurement rules to combat abusive tax...

Article

Country Perspective: Canada, co-author

Dec. 16, 2019 - Perspectives in Practice of the UNIDROIT Principles 2016: Views of the IBA Working Group on the Practice of the UNIDROIT Principles 2016 (International Bar Association)
Read the article.

Bulletin

Autorité des marchés publics Has New Powers to Oversee Public Contracts

May 24, 2019 - The provisions respecting the processing of complaints, communication of information and disclosure of wrongdoing to the Autorité des marchés publics (AMP) came into force on May 25, 2019. An interested person or partnership wishing to file a complaint with the AMP or provide information to the...

Bulletin

The Autorité des marchés publics Assumes Its Responsibilities

Jan. 25, 2019 - The majority of the activities of the Autorité des marchés financiers (AMF) under the Act respecting contracting by public bodies were transferred to the Autorité des marchés publics (AMP) on January 25, 2019. The AMP was created in response to the first recommendation of the Charbonneau...

Bulletin

Federal Public Contracts Now Governed by New, More Flexible Integrity Provisions

July 14, 2015 - On July 3, 2015, the federal government implemented a new integrity regime (New Regime) governing suppliers’ capacity to enter into procurement contracts and real property transactions with Public Works and Government Services Canada. The New Regime will be rolled out to all federal departments...

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Québec; Litigation, Securities: Québec

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Insolvency (Litigation Star); Securities (Litigation Star)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Litigation: Corporate Commercial

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

The Canadian Legal Lexpert Directory—Class Actions; Competition Law; Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Securities

The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation; Corporate Governance Practice; Criminal Defence; Director and Officer Liability Practice

Lexpert Rising Stars: Leading Lawyers Under 40

Bar Admissions

Québec, 1999

Education

Université Laval, LLB, 1998
Petit Séminaire de Québec, IB (History), 1995

Professional Affiliations

Young Canadian Arbitration Practitioners

Board Memberships

Le Garde-Manger Pour Tous, chair

Louis-Martin brings extensive experience in high-stakes litigation and special situations.

Louis-Martin has been involved in virtually every recent major M&A and securities litigation in Québec. He also advises clients on a broad spectrum of corporate, competition and insolvency disputes, as well as investigations and white collar work. Clients in diverse industries, in North America and beyond, appreciate Louis-Martin’s business-minded and creative advice.

He is chair of the board of directors of Le Garde-Manger Pour Tous.

Formula E Operations Ltd.

Acting for Formula E Operations Ltd. (FEO) in connection with its claims arising from the City of Montréal's decision to cancel the Montréal ePrix. This includes asserting FEO's claims against the City of Montréal and in the bankruptcy proceedings of Montréal C'est Électrique, a non-profit corporation set up by the City for the purposes of acting as promoter of the Montréal ePrix.

Leading Gas Retailer

Acting for a leading gas retailer in two class actions alleging a conspiracy to fix gasoline prices in 14 different cities and regions in Québec.

Triumph Aerostructures, LLC

Acted for Triumph Aerostructures, LLC, in connection with its dispute with Bombardier Inc. regarding the wing designed and manufactured by Triumph for Bombardier's Global 7000 business aircraft, including a $455-million claim filed by Triumph before the Québec Superior Court. The dispute was ultimately resolved to both parties' satisfaction.

Oaktree Capital Management, L.P.

Acted for Oaktree Capital Management, L.P., in its opposition to the $475-million acquisition of Québec-based Tembec Inc. by Florida-based Rayonier Advanced Materials Inc.

Knight Therapeutics

Acted for Knight Therapeutics Inc. in successfully defending against the activist campaign, proxy contest and contested meeting led by Medison Biotech Ltd. with respect to Knight's 2019 annual meeting.

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Fonds de solidarité des travailleurs du Québec (FTQ)

Acting for the Fonds de solidarité des travailleurs du Québec (FTQ) in connection with a $20-million claim instituted by a shareholder against a former director.

Videotron Ltd.

Acted for Videotron Ltd. against a claim in excess of $18 million in connection with the termination of a share purchase agreement. Videotron terminated the agreement as a result of a material adverse event within the target. The matter was settled on the eve of the hearing before the Québec Court of Appeal.

O'Leary Funds

Acting for O'Leary Funds, one of the largest unitholders of Boralex Power Income Fund (BPT), in connection with its opposition to the takeover bid made by Boralex Inc. for the outstanding units of BPT. O'Leary is challenging the legality of the takeover bid and is seeking an increased consideration for its units taken up in connection with the takeover bid.

Caisse de dépôt et placement du Québec

Acted for Caisse de dépôt et placement du Québec in connection with an investment of $1.9 billion in SNC-Lavalin Group Inc. to finance a portion of the acquisition by SNC-Lavalin of all the share capital of WS Atkins plc. The Caisse's investment is structured as (i) a loan of $1.5 billion, secured by the value and cash flows of SNC-Lavalin's interest in the Highway 407 ETR project; and (ii) a subscription of approximately $400 million in subscription receipts of SNC-Lavalin.

IOU Financial Inc.

Acted for IOU Financial Inc. in connection with its successful response to Qwave Capital LLC's unsolicited partial takeover bid, including in injunctive proceedings asserting a breach by Qwave of a confidentiality agreement.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its $3.9-billion acquisition with Yamana Gold Inc. of Osisko Mining Corporation. The transaction involved the formation of a 50-50 partnership between Agnico Eagle and Yamana which will hold and operate the Canadian Malartic mine. The transaction also resulted in a spin-out of a new TSX-listed company called Osisko Gold Royalties Ltd. which will continue to hold a 5% royalty interest in the Canadian Malartic gold property as well as exploration assets in Mexico.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

Abitibi-Consolidated Inc.

Acted for Abitibi-Consolidated Inc. (now known as Resolute Forest Products) in connection with its merger of equals with Bowater Incorporated to create a company with a combined enterprise value of US$8 billion.

Airbus SE

Acted as co-counsel to Airbus SE, a European leader providing tanker, combat and transport aircraft, as well as a global leader in aeronautic, space and related services, in its divestiture of Vector Aerospace Holding SAS to StandardAero Aviation Holdings, Inc.

New Look Vision Group Inc.

Acted for New Look Vision Group Inc. in its $120-million acquisition, by way of plan of arrangement, of Iris, le groupe visuel (1990) Inc., which has a network of 147 retail locations across Québec, British Columbia, Alberta, Ontario and New Brunswick. The purchase was financed through various arrangements, including an increase of New Look's senior secured term facility with its bank syndicate, a new junior unsecured debt facility and an equity private placement.

Future Electronics Inc.

Acted for Future Electronics Inc. in the successful challenge of a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act (before the Superior Court and Court of Appeal of Québec and the Supreme Court of Canada).

Alstom S.A.

Acting as Canadian counsel to Alstom S.A. in its US$8.2-billion strategic acquisition of Bombardier Transportation.

Diverse Clients

Acted successfully for diverse clients before the Autorité des marchés publics to obtain or renew their authorization to contract and/or to subcontract with a public body in response to a request for information or a notice of refusal.

Ipsen S.A.

Acted for French biopharmaceutical company Ipsen in the acquisition of Québec-based Clementia Pharmaceuticals for a purchase price of US$25.00 per share in cash upfront, plus a contingent value right (CVR) of US$6.00 per share, for a total transaction value of up to US$1.31 billion.

Bulletin

A Penalty Under GAAR Will Cause Ineligibility for Public Contracts in Québec

Mar. 23, 2020 - The Act mainly to establish the Centre d'acquisitions gouvernementales and Infrastructures technologiques Québec (Act) was assented to on February 21, 2020, by the National Assembly of Québec. The Act incorporates new provisions in the government procurement rules to combat abusive tax...

Article

Country Perspective: Canada, co-author

Dec. 16, 2019 - Perspectives in Practice of the UNIDROIT Principles 2016: Views of the IBA Working Group on the Practice of the UNIDROIT Principles 2016 (International Bar Association)
Read the article.

Bulletin

Autorité des marchés publics Has New Powers to Oversee Public Contracts

May 24, 2019 - The provisions respecting the processing of complaints, communication of information and disclosure of wrongdoing to the Autorité des marchés publics (AMP) came into force on May 25, 2019. An interested person or partnership wishing to file a complaint with the AMP or provide information to the...

Bulletin

The Autorité des marchés publics Assumes Its Responsibilities

Jan. 25, 2019 - The majority of the activities of the Autorité des marchés financiers (AMF) under the Act respecting contracting by public bodies were transferred to the Autorité des marchés publics (AMP) on January 25, 2019. The AMP was created in response to the first recommendation of the Charbonneau...

Bulletin

Federal Public Contracts Now Governed by New, More Flexible Integrity Provisions

July 14, 2015 - On July 3, 2015, the federal government implemented a new integrity regime (New Regime) governing suppliers’ capacity to enter into procurement contracts and real property transactions with Public Works and Government Services Canada. The New Regime will be rolled out to all federal departments...

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Québec; Litigation, Securities: Québec

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Insolvency (Litigation Star); Securities (Litigation Star)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Litigation: Corporate Commercial

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

The Canadian Legal Lexpert Directory—Class Actions; Competition Law; Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Securities

The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation; Corporate Governance Practice; Criminal Defence; Director and Officer Liability Practice

Lexpert Rising Stars: Leading Lawyers Under 40

Bar Admissions

Québec, 1999

Education

Université Laval, LLB, 1998
Petit Séminaire de Québec, IB (History), 1995

Professional Affiliations

Young Canadian Arbitration Practitioners

Board Memberships

Le Garde-Manger Pour Tous, chair