Louis-Martin brings extensive experience in high-stakes litigation and special situations. One client referred to him as an “excellent litigator who easily grasps the issues, formulates arguments and aggressively defends” their interests. (Chambers Global 2016)
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 sectors, 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.
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.
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.
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.
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.
Cominar Real Estate Investment Trust
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.
Steelhead Partners, LLC
Acted for Steelhead Partners, LLC in connection with the takeover bid for Fibrek Inc. by Resolute Forest Products Inc.
Cominar Real Estate Investment Trust
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.
Proposed Canada Business Corporations Act Amendments: A New Era of True Majority Voting and Diversity?
Oct. 04, 2016 - On September 28, 2016, the federal government introduced Bill C-25 in Parliament, proposing significant amendments to the Canada Business Corporations Act (CBCA) (the Proposed Amendments). If adopted, the Proposed Amendments will impose obligations on reporting issuers (and other distributing and...
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 and...
Secondary Market Liability: Supreme Court of Canada Clarifies the Screening Mechanism for Class Actions
Apr. 20, 2015 - In Theratechnologies inc v. 121851 Canada inc. ,1 the Supreme Court of Canada ruled for the first time on a case involving the new secondary securities market liability regimes. These regimes, which have been adopted in most Canadian provinces, facilitate actions by investors when reporting...
Davies Named Litigation Firm of the Year in Québec and National Competition Firm of the Year by Benchmark Canada
Feb. 25, 2015 - Davies Ward Phillips & Vineberg LLP is proud to have been recognized at the annual Benchmark Canada Awards for the third time as Firm of the Year in Québec. The firm was also recognized as National Competition Firm of the Year. Matthew Milne-Smith was also recognized as National Insolvency...
Task Force on the Protection of Québec Businesses Proposes Bold Measures Against Unsolicited Take-over Bids
Feb. 21, 2014 - On June 7, 2013, Québec’s Minister of Finance and the Economy, Nicolas Marceau, announced the creation of the Task Force on the Protection of Québec Businesses. The mandate of the Task Force was to study measures that would help Québec companies better protect themselves against unsolicited...
Québec’s New Code of Civil Procedure – Highlights and Preliminary Comments
Feb. 21, 2014 - On February 20, 2014, the Québec National Assembly unanimously adopted Bill 28 establishing the new Code of Civil Procedure, which will eventually replace the current Code. The Bill, introduced on April 30, 2013, is the result of extensive reform initiated almost 15 years ago by the Québec...
Bill 28 Establishing the New Code of Civil Procedure — Highlights and Preliminary Comments
May 03, 2013 - On April 30, 2013, the Québec Minister of Justice introduced Bill 28 (the Bill) establishing the new Code of Civil Procedure. This Bill, if passed, will result in substantial modifications that could have a major impact on Québec’s legal landscape. The most significant changes proposed by the Bill...
Canadian Government Restricts Availability of Conditional Sentences (House Arrest)
Mar. 14, 2012 - Almost three years ago, significant amendments were made to Canada’s Competition Act (the Act) that substantially raised the stakes for parties caught participating in cartel conduct affecting Canada. These amendments were expected to lead to an escalation in cartel prosecutions and increased...
Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Québec (Up & Coming)
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Insolvency (Litigation Star); Securities (Litigation Star)
Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers
Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Litigation: Securities
The Canadian Legal Lexpert Directory—Litigation: Securities; Litigation: Corporate Commercial; Class Actions
The Best Lawyers in Canada—Corporate and Commercial Litigation
Lexpert Rising Stars: Leading Lawyers Under 40