Jean-Yves Simard
Partner
Profile
Jean-Yves Simard is the co-coordinator of the Commercial Litigation and Restructuring, Insolvency and Banking Law group. He specializes in commercial litigation, bankruptcy and insolvency, securities law, extraordinary remedies and realizing on security. His practice requires flexibility and broad mastery of the law since he represents a diverse clientele ranging from small and medium-size businesses to multinationals and financial institutions, and acts in some cases for the plaintiff and in others for the defendant. He is involved in commercial litigation of all kinds including disputes between shareholders, securities law litigation, liquidation proceedings, major insolvency cases, injunctions, and cases involving the liquidation of movable and immovable security.
Mr. Simard speaks on subjects relating to commercial litigation, bankruptcy and insolvency, realizing on security, and civil procedure at events arranged for his clients as well as at conferences organized by the Canadian Bar, Insight, The Canadian Institute and the Canadian Finance and Leasing Association (CFLA).
Mr. Simard is also listed in the 2013 edition of Best Lawyers in Canada as a leading practitioner in the fields of Corporate and Commercial Litigation and Insolvency and Financial Restructuring.
He has authored numerous works including:
>« The ‘Critical Supplier’ in Québec Jurisprudence and a Québec Perspective on Indalex » as part of the Eight Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association (October 12, 2012)
>“2011 Update on Insolvency Law in Quebec” as part of the Seventh Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
>“Plan of arrangement under the CCAA or assignment in bankruptcy under the BIA: which takes priority?” (2011) 26 N.C.D. Rev. 8
>“Bitter Bidder Bites the Dust,” (2010) 25 N.C.D. Rev. 60
>“Risk Management and Commercial Contracts,” given at a Lavery symposium
>“2010 Update on Insolvency Law in the Province of Québec” as part of the Sixth Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
>“Le nouvel Article 45 du Code du travail et l'exploitation continue dans un contexte d'insolvabilité” [New article 45 of the Labour Code and continuous operation in an insolvency context]
>“Les droits et obligations du bailleur, du locataire et du syndic dans un contexte d'insolvabilité” [The rights and obligations of the lessor, the lessee and the trustee in an insolvency context]
>“Certains recours des actionnaires de compagnies privées: il n'y a pas que l'oppression ! L'action dérivée et le recours en liquidation” [Remedies available to shareholders of private corporations are not limited to oppression! The derivative action and the winding-up remedy are also available]
In 2009, Mr. Simard sat on the jury for the oral exam administered by the Superintendent of Bankruptcy for the candidate trustees for the Province of Quebec.
Mr. Simard also teaches at the Quebec Bar school.
Languages: French and English
Areas of Practice
- Commercial Litigation
- Distribution of Financial Products and Services
- Restructuring, Insolvency and Banking Law
Professional Career
Professional Associations
Canadian Bar Association
INSOL
Canadian Finance and Leasing Association (CFLA)
Member of the Canadian Insolvency Foundation
Executive Member of the National Brankruptcy, Insolvency and Restructuring Law Section of the Canadian Bar Association
Member of the Turnaround Management Association
Publications
He has authored numerous works including:
Creditors suspected of wishing to eliminate a competitor: The Court refuses to annul their votes against a plan of arrangement
In Fact and In Law, October 2012, Jean-Yves Simard
CCAA: Is the termination of employment contracts subject to section 32 CCAA?
In Fact and In Law, October 2012, Jean-Yves Simard
Superior Court refuses to import Indalex decision into Québec law
In Fact and In Law, October 2012, Jean-Yves Simard
The Doorcorp Case: The Court of Appeal renders yet another decision on section 139 BIA and the postponement of claims
In Fact and In Law, October 2012, Jean-Yves Simard
Secured or postponed: Where does the secured lender who shares? PDF Version
In Fact and in Law July 2011 Jean-Yves Simard
BIA: Equity claims in proposals A look at new section 54.1 BIA PDF Version
In Fact and in Law March 2011 Jean-Yves Simard
"CCAA: Bet on the right horse – the “stalking horse†in Quebec", In Fact and in Law, February 2011, Jean-Yves Simard
"CCAA: The use of credit bids at an auction is scrutiniezed by Quebec Courts", In Fact and in Law, January 2011, Jean-Yves Simard and Jonathan Warin
2011 Update on Insolvency Law in Quebec as part of the Seventh Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
“Plan of arrangement under the CCAA or assignment in bankruptcy under the BIA: which takes priority?†(2011) 26 N.C.D. Rev. 8
Bitter Bidder Bites the Dust,  (2010) 25 N.C.D. Rev. 60
Risk Management and Commercial Contracts, given at a Lavery symposium
2010 Update on Insolvency Law in the Province of Quebec†as part of the Sixth Annual Pan-Canadian Insolvency and Restructuring Law Conference of the Canadian Bar Association
Le nouvel Article 45 du Code du travail et l'exploitation continue dans un contexte d'insolvabilite [New article 45 of the Labour Code and continuous operation in an insolvency context]
Les droits et obligations du bailleur, du locataire et du syndic dans un contexte d'insolvabilite [The rights and obligations of the lessor, the lessee and the trustee in an insolvency context]
Certains recours des actionnaires de compagnies privees: il n'y a pas que l'oppression ! L'action derivee et le recours en liquidation [Remedies available to shareholders of private corporations are not limited to oppression! The derivative action and the winding-up remedy are also available]
Bar Admission
Member of Quebec Bar since 1988
Education
Universite de Montreal, LL.B., 1987