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Lavery, de Billy L.L.P.

Address: Lavery, de Billy L.L.P. 1 Place Ville-Marie Suite 4000 Montreal, Quebec, Canada H3B 4M4

Phone: (514) 871-1522 Fax: (514) 877-8977 Web site: www.lavery.ca

Primary Contact: Michel Gélinas mgelinas@lavery.ca

Firm Description

Depth of Expertise and Commitment

Lavery, de Billy L.L.P. (Lavery) is a leading full-service law firm and has been a respected member of Quebec's legal community for more than 90 years. We have a strong team specializing in labour and employment as well as health and safety law, representing and defending employers.

The Lavery team represents clients in all sectors: public, parapublic and private. In the private sector, the team represents small, medium and large businesses in every segment of the economy, including food, retail, distribution, telecommunications, transportation, pulp and paper, mining, forests and banking services.

We offer a diverse and extensive range of legal services and provide solutions to optimize development strategies, protect rights, and help reach objectives. In short, legal effectiveness:

• Experts who are leaders in their field, yet capable of working as part of a team involving specialists in other areas of the law when the situation requires it
• Reliability, sound judgment and a high degree of intellectual discipline and ingenuity at all times
• Personalized service and constant attention to our clients’ needs, as well as regular communication with them
• A strong desire to avoid stirring up unnecessary disputes: We aim to protect the true interests of our clients
• Constant attention to avoiding of conflicts of interest
• Appropriate technological support

An important advantage: Lavery’s lawyers regularly work together in multidisciplinary teams to deliver integrated solutions for our clients’ needs. Our clients have access to a wide range of expertise in labour and employment law as well as business law, litigation, administrative law etc.

Our Value to you in the Quebec Market

Employment Law in Canada is quite active and progressive mainly in issues of labour standards, severance indemnities, issues in connection with the Charter of Rights and Freedom (accommodation). We have represented the interests of employers for over 40 years. The skills and credibility of our lawyers are widely recognized in the field of labour and employment law, both at the provincial and federal levels. We provide a full range of services, such as audit programs, educational courses, comprehensive consulting and legal advice on workmen’s compensation. We represent employers in the context of post-employment litigation and wrongful dismissal hearings. We assist management in carrying out changes in the workplace and avoiding workplace litigation.

Lavery is recommended by The Canadian Legal LEXPERT Directory.

An essential prerequisite of our legal interventions is an overview of your labour relations and occupational health and safety needs, based on your strategic orientation and activities. The capacity of all lawyers on the Lavery team to evaluate files and handle them diligently is part of our commitment and a key factor to consider in choosing a legal services firm. The diversified experience of our team members in all areas of labour and employment law allows clients to get a high quality service at the best possible cost. We first and foremost seek solutions for our clients to allow them to reach their business objectives. When litigation is unavoidable, we are experienced litigators, well-respected by the Courts.

In Quebec, the Civil Code as well as the Act respecting Labour Standards have a pervasive influence on all relationships, and specific advice should always be sought regarding any legal matter with a Quebec connection. Lavery will elucidate the subtleties of these laws for you, and assist you and your clients in navigating the Quebec legal landscape so that appropriate and timely decisions may be taken with confidence. Moreover, several members of our team hold Common Law degrees or have been called to the Bars of other provinces. We look to put our knowledge and other resources to work for the benefit of our colleagues from other jurisdictions and their clients, in order to facilitate their access to the Quebec market.

The recent economic situation poses significant challenges to businesses who explore means to reduce costs. Human resources are especially targeted. Whether considering restructuring, closing a plant, effecting layoffs, ceasing to contribute to pension plans, renewing collective agreements or reducing the work week, “we think it is crucial to be well prepared to minimize legal exposure” says Michel Gélinas. Therefore, it is important to review employment contracts, non-competition clauses, the terms of applicable collective agreements, and the pension plans, in the light of the various applicable statutes.

Unlike the other provinces, Quebec gives to non unionized employees very generous rights, including that of being reinstated in their positions when it is proved that they were dismissed without valid and sufficient cause.

There are also recent pieces of legislation that might affect employment in Quebec or Canada in general. On pension matters, two important legislations were enacted by the Quebec government. In June 2008, the national assembly enacted amendments to the Supplemental Pension Plans Act which allowed employees, on certain conditions, to receive their pension benefits while remaining at the employment of their employer and also, to accumulate additional benefits. More recently, in January 2009, the Supplemental Pension Plans Act was also amended in order to lessen the stringent requirements with respect to amortization of unfunded liabilities in view of the current economic situation and its effect on pension funds. The act is to be complemented by regulations which have yet to be promulgated. New regulations for employers hiring foreign skilled workers have recently been adopted.

1. Labour Relations

Our firm is a pillar in the area of labour relations in Quebec.

The distinctive features of labour relations in Quebec include the existence of an Act respecting Labour Standards which grants rights to employees and imposes significant obligations on employers. For instance, an employee may file a complaint before the Commission des relations du travail to challenge his termination and, in certain circumstances, seek his reinstatement. Our labour relations specialists deal with matters governed by either the Labour Code (Quebec) or the Canada Labour Code.

We provide labour relations advice, service and representation across all industries and in relation to all aspects of the Quebec Labour Law as follows:

• Strategic advice
• Union organizing drives
• Union certification
• Strikes and lockouts
• Jurisdictional disputes
• Unfair labour practice allegations
• Bad faith bargaining complaints
• Conciliation
• Negotiation of collective agreements
• Collective bargaining
• Grievance and dispute arbitration
• Picketing
• Private sector restructuring

2. Employment Law

We provide a full range of employment law services to our clients, from structuring of employment contracts, to representation during post-employment litigation, including wrongful dismissal hearings, from helping them manage workplace change, to avoiding constructive dismissal issues.

Our Employment Law Advice extends to matters such as:

• Purchase and sale of business
• Employment policies and procedures
• Drug testing
• Restrictive covenants
• Dismissal and termination of employment
• Extraordinary remedies, judicial review, injunctions
• Human rights and freedoms
• Pay equity and employment equity programs

Employment Standards

Minimum standards for employment are regulated by either provincial employment standards laws or the Canada Labour Code for federal employers and set out basic entitlements for employees such as wage rates, vacation, holiday pay and overtime entitlements etc. These regimes impose liabilities and restrictions on employers arising out of events giving rise to terminations, such as closures and sales. We have extensive experience in advising employers, officers and directors on avoiding liabilities and penalties as businesses are developed and reorganized.

Our expertise in this field covers a variety of issues, including:

• Overtime pay
• Public holidays
• Vacation with pay
• Hours of work and eating periods
• Pregnancy and parental leave
• Family medical leave
• Emergency leave
• Lay-off and recall
• Termination and severance employment

3. Occupational Health and Safety

Lavery offers a wide range of services in Occupational Health and Safety Law, such as:

• Financing
• Compensation
• Management of employment injury files
• Conciliation regarding industrial accident files
• Representation before the courts

When litigation becomes unavoidable, our team of experienced trial lawyers can provide you with timely representation in accordance with your internal policies.

4. Pension and Benefits

Our firm represents employers on all legal issues relating to their pension and benefits plans.

Our expertise enables us to represent you in matters of:

• Plan changes and restructurings
• Individual settlements with employees
• Arbitration hearings
• Court proceedings and tribunal hearings

5. Other Types of Services

• Other Types of Employment Contracts include artist contracts under the Act respecting the professional status and conditions of engagement of performing, recording and film artists

• Advice to Managers

We provide support to your managers with respect to any general issue pertaining to applicable labour relations and occupational health and safety laws and principles.
We provide support to your managers in the administration of your collective agreements.
We analyze the financial and organizational impact of your managers' decisions respecting labour relations.
We analyze the financial issues pertaining to CSST files, including the financial impact for the organization and requests for apportionment of imputation under the Act.
We inform managers of the most recent developments in the fields of labour relations and occupational health and safety on an ongoing basis.
We provide personalized training to your managers with respect to any amendments to relevant laws, according to their needs and those of your organization.

• Access to Information, Privacy and Defamation

Some of our lawyers specialize in the information law practice and, more particularly, in issues pertaining to access to information, privacy and defamation, as well as the application of the Canadian and Quebec charters of rights and freedoms. They represent many public, private and media organizations before the courts in cases involving the confidentiality of documents, the validity of government decisions, and respect for reputation and privacy.

• Labour Mobility and Economic Immigration

Our services also extend to the field of labour mobility and economic immigration. We advise and represents businesses in connection with their efforts to recruit foreign workers and transfer key employees to Canada. We also acts on behalf of entrepreneurs, senior executives and highly skilled workers wishing to settle permanently in Canada.

Our services in this filed of expertise include:

• The facilitation of entry into Canada for frequent Business Visitors
• Temporary resident visas
• Work permits exemptions for after-sales services providers, performing artists etc.
• Work permits for intra company transfers of senior executive, specialized knowledge employees, professionals, consultants or other labour market opinion exempted situations
• Labour market Opinions from Human Resources and Social Development Canada (when a shortage of skilled employees has to be demonstrated prior to hiring a foreign workers)
• Bulk work permit applications
• Special temporary permits to overcome an inadmissibility ground (due to a previous criminal conviction or medical condition)
• Young Worker Programs (for interns and trainees)
• Spousal work permits
• Study permits for family members
• Permanent residence
• Canadian citizenship
• General border-crossing troubleshooting



In addition to offering you legal services on the leading edge, our labour and employment law team considers it a duty to keep you informed of the impact of legislative changes and jurisprudence on your organization. This is why we organize information sessions and publish newsletters regularly.



Relevant knowledge, business sense, availability, accessibility.

Those key words well describe the members of our team. Lavery will make available to you the professional skills necessary to create a solid partnership.

 For lawyer bios please visit www.lavery.ca.