Davies

Louis-Martin O'Neill

Louis-Martin O’Neill is a partner in the Litigation practice. His practice embraces a broad spectrum of high-stakes M&A, securities, corporate and commercial disputes, insolvency restructurings, as well as white-collar investigations and defence work.

He has been involved in virtually every recent major M&A and securities litigations in Québec, including the landmark Supreme Court of Canada’s decision relating to BCE’s proposed $52-billion privatization.

He is regularly consulted on corporate governance and other sensitive matters. He has practised as a foreign lawyer in the United Kingdom, and many of his files entail an international element.

Louis-Martin is recommended by Chambers Canada, Benchmark Canada, The Canadian Legal Lexpert Directory, the Lexpert’s Guide to the Leading US/Canada Cross-Border Litigation Lawyers, and The Best Lawyers in Canada.

In 2011, he was named a Rising Star in Lexpert Rising Stars: Leading Lawyers Under 40.

Representative Work

  • 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.

  • Acting 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.

  • Acting for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price-fixing and related class actions. Davies has succeeded in obtaining a stay of the criminal proceedings against its client based on a breach of its constitutional rights.

  • 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.

  • 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.

  • 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.

  • Acted for Cominar Real Estate Investment Trust in connection with its unsolicited takeover bid for Canmarc Real Estate Investment Trust, valued at approximately $904 million.

  • Acted for Steelhead Partners, LLC in connection with the takeover bid for Fibrek Inc. by Resolute Forest Products Inc.

  • Acting for Cominar Real Estate Investment Trust and its affiliates, significant creditors of Homburg Invest Inc. and its subsidiaries, in the restructuring attempt of Homburg Invest Inc. under the Companies' Creditors Arrangement Act.

  • Acting for O'Leary Funds, one of the largest shareholders 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.

  • Acted for Eurocopter Holding SAS, a subsidiary of European Aeronautic Defence and Space Company EADS N.V., in connection with its acquisition of Vector Aerospace Corporation in a transaction valued at $635 million by way of a takeover bid.

  • 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.

  • Acted for the Caisse de dépôt et placement du Québec in its litigation relating to its takeover bid for Vidéotron Ltd., a major Québec cable company.

  • 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).

  • Acted for Rogers Sugar Income Fund and Rogers Sugar Inc. in the conversion of Rogers Sugar Income Fund to a corporate structure by way of plan of arrangement.

  • Acted for Jacques and Charles Toupin in connection with proceedings instituted to recover their 800,000 class "A" shares of Garda World Security Corporation worth $9.6 million. The Québec Superior Court concluded that Messrs. Toupin owned the shares and the Court's decision was subsequently upheld by the Court of Appeal.

  • Acted for Ingram Micro Inc. in connection with the restructuring of Groupe Dumoulin and its affiliates under the Companies' Creditors Arrangements Act.

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Recognition

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  • Recognized in Chambers Canada: Canada’s Leading Lawyers for Business as an up-and-coming lawyer in Dispute Resolution: Québec.
  • Recognized as a leading cross-border litigation lawyer in Lexpert’s Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada.
  • Named a Litigation Star and received an Honourable Mention in Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms & Attorneys in Commercial, Insolvency and Securities litigation.
  • Recognized in the Report on Business/Lexpert special edition Canada's Leading Litigation Lawyers.
  • Recognized in The Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas of Litigation-Corporate/Commercial and Class Action Litigation, and Consistently Recommended in the area of Litigation-Securities.
  • Recognized in The Best Lawyers in Canada as a leading practitioner in the area of Corporate and Commercial Litigation Law.
  • Named a Rising Star in the Lexpert Rising Stars: Leading Lawyers Under 40.
  • Recognized as a leading litigation lawyer in Lexpert's special edition Canada's Leading Litigation Lawyer.

Professional Affiliations

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Member, Young Canadian Arbitration Practitioners (YCAP)

Board Memberships

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Community Involvement

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  • Chairman of the Board, Le Garde-Manger Pour Tous

Teaching Engagements

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Speaking Engagements

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Louis-Martin regularly gives conferences on corporate governance, directors’ liabilities, securities law, insolvency and white-collar crime issues.

On October 27, 2015, Louis-Martin spoke at the Davies Legal Update, fall 2015 on the subject of: Enforcing MDAs in M&A – Guidance from recent litigation.

On April 23, 2014, he spoke at the Davies Legal Update, Spring 2014 on the subject of: Corporate Criminal Law Update.

Articles and Publications

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Louis-Martin has authored the chapter relating to enforcement measures in the “securities law” volume of the well-known Jurisclasseur collection. He has also published a number of in-depth articles, including “Les pouvoirs de contrainte de l'Autorité des marchés financiers” published in "Développements récents en droit des valeurs mobilières" as well as "Peoples v. Wise – genesis and ramifications" published in the Corporate Liability Journal.

Louis-Martin O'Neill
Louis-Martin O'Neill
Partner
Office:
Montréal
Tel:
514.841.6547
Email:
lmoneill@dwpv.com
Bar Admissions:

Québec, 1999

Education:

Université Laval, LL.B., 1998

Petit Séminaire de Québec, IB (History), 1995