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Commercial Litigation Lawyer in Montreal - Vincent Cerat Lagana

Vincent Cérat Lagana

Partner Fasken
Jurisdiction Québec, 2011
Language(s) French, English, Italian
Office(s) Montréal
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Overview

Vincent is a member of our Litigation and Dispute Resolution Law Group. Vincent is a passionate and versatile litigator who takes great pride in defending the interests of his clients in several fields and contexts.

He is particularly active in commercial and business litigation. He acts regularly in shareholder disputes, transactional litigation and corporate governance litigation. He acts for corporations and their boards of directors, as well as for minority shareholders in the context of oppression remedies. Vincent regularly publishes and presents on these subjects.

Vincent is also called upon to act in major matters for the firm’s clients in contract and commercial matters, securities litigation, public and constitutional law and in class actions. He regularly manages and pleads urgent cases that are heard on an expedited basis, particularly in injunction proceedings. Vincent is recognized for his excellence in litigation or as a future star by the leading trade publications Chambers, Lexpert, Best Lawyers and Benchmark Litigation.

Vincent has worked on the following notable cases:

  • Acted for the Conseil de la magistrature du Québec and the Chief Justice and Associate Chief Justice of the Court of Quebec in a successful application against the Quebec Attorney General regarding the requirement of knowledge of the English language for new judges applying for certain positions. 
  • Acted for Intact against an Application for authorization to initiate a class action regarding business interruption insurance stemming from the COVID-19 pandemic. The Application was dismissed by the Superior Court and the Court of Appeal.
  • Acted for a large European group acting as majority shareholder in the context of a significant shareholder dispute
  • Acted for Canadian Pacific Railway Company in the February 2020 rail blockade that marked Canada.
  • Acted for an important auto parts manufacturer in a multi-million dollar commercial arbitration stemming from the sale of a company.
  • Acted for Transat in its victory against Groupe Mach before the Tribunal administratif des marchés financiers.
  • Acted for the Conseil de la magistrature du Québec before the Supreme Court of Canada and before a special panel of seven judges of the Court of Appeal in the Reference regarding the jurisdiction of the Court of Québec in civil matters and the Court of Québec’s appellate jurisdiction.
  • Acted for Thales in litigation against Bombardier with respect to various aircraft programs. 
  • Acted for members of the special committee of the former Boralex Income Fund against a multi-million dollar damages case brought by a unitholder following a takeover bid. The case was dismissed by the Superior Court and the Court of Appeal.
  • Acted for Québecor in litigation against Groupe Juste pour Rire in the context of the sale of Groupe Juste pour rire and in various claims for damages.
  • Acted for Rogers Communications before the Supreme Court of Canada on the issue of the power of municipalities to determine the location of radiocommunication antennae.
  • Was successful in the key Trackcom decision rendered by the Québec Court of Appeal on interim orders, investigations and securities for costs in the context of oppression remedies.
  • Was successful on behalf of GTI Capital in a ruling on the application of Québec’s private international law to an oppression action brought under the Canada Business Corporations Act.
  • Acted for Fibrek Inc. in litigation arising from the unsolicited takeover bid from Resolute Forest Products.
  • Acted for Goldcorp in litigation arising from its unsolicited takeover bid against Osisko.

Achievements

Client Work

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, [Case - Canadian Pacific Railway Company]
  • Intact Insurance, Bélair Direct And Industrial Alliance In A Class Action Instituted Against Car Insurers Across Quebec, [Case - Intact Insurance, Belair Direct and Industrial Alliance]
  • Representation of the Judicial Council of Québec in the context of the Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals, [Case - Conseil de la magistrature du Québec], Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals.
  • Success in the Court of Appeal in a securities case in response to an action for damages brought by the O’Leary Funds, [Case - Confidential Client]
  • Successfully represented the members of a special committee of directors in a case resulting from a takeover bid, [Case - Confidential Client]
  • Québecor is seeking a permanent injunction against Juste pour rire in the Superior Court of Québec, [Case - Québecor Média inc.]
  • Liquidation of gestion Éric Savard in the context of a company's Creditors Arrangement Act, [Deal - Essilor Group Canada Inc.], The CCAA proceeding was unique as Mr. Éric Savard, a director and sole shareholder of the Savard Group, was removed from office as director as the Court was satisfied that he was unreasonably impairing the CCAA proceeding and acting inappropriately as director in the circumstances (Section 11.5 of the CCAA). The Monitor was given enhanced powers, namely to act in place of Mr. Savard. These powers were akin to the powers of a Receiver.​
  • Reference to the Québec Court of Appeal regarding the Court of Québec’s financial jurisdiction threshold, as well as the appellate jurisdiction attributed to it, [Case - Conseil de la magistrature du Québec]

Career & Education

Education

  • LLB Université de Montréal

Memberships & Affiliations

  • Member, Bar of Montreal Committee - Liaison with the Quebec Court of Appeal
  • Member of the board of directors of Justice Pro Bono
  • Member, Advocate's Society
  • Member, Canadian Bar Association
  • Member, Young Bar Association of Montréal
  • Member, American Bar Association   

 

Knowledge

Events

News

Publications

  • L'Arrêt Elphin: Le retrait forcé d'un actionnaire vu sous l'angle de la clause pénale (available in French only), 12/31/2022
  • Les ordonnances provisoires dans les recours pour oppression au Québec, 8/25/2017
Article Les ordonnances provisoires dans les recours pour oppression au Québec La Revue du Barreau, Vol., 76, 2017, p. 243-300

Speaking Engagements

  • Matinée droit des affaires SOQUIJ - "Provisional Orders In Oppression Remedies", 5/28/2020
  • Sujets d'actualité et tendances émergentes : conflits entre actionnaires, gouvernance et délits d'initiés, 11/13/2019
  • Recours en oppression et ordonnances provisoires, 11/7/2018
Speaker Matinée droit des affaires SOQUIJ - "Provisional Orders In Oppression Remedies" location location Montréal, QC, Canada
Sujets d'actualité et tendances émergentes : conflits entre actionnaires, gouvernance et délits d'initiés location location Montréal, QC, Canada
Speaker Recours en oppression et ordonnances provisoires Presented at the Young Bar of Montréal location location Montréal, QC Presented at the Young Bar of Montréal

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