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Eric Lalanne

Partner

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  • 514.878.5758
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Chairman of the Board of Directors of De Grandpré Chait, Eric Lalanne has thorough expertise in commercial and corporate litigation. With respect to his administrative functions, he oversees the firm's overall operations while ensuring its strategic objectives are achieved.

His knowledge of the corporate world is immensely helpful in oppression remedy cases where the defense of minority shareholders, and sometimes majority shareholders, requires the intervention of the courts to cease and correct abusive conduct. In the judgment of People Department Stores Inc., he won before the Supreme Court of Canada a landmark decision regarding the duties and obligations of directors and officers of corporations. Many decisions in which he has been involved have shaped the law in Quebec.

Mr. Lalanne also acts in cases of insolvency and restructuring. He counsels and defends our clients' interests concerning the rights and recourses of trustees and creditors against reviewable transactions or directors of insolvent companies. He is proficient in complex financial analyses often associated with large-scale proceedings. Mr. Lalanne is part of the litigation team dedicated to litigation in franchising and distribution matters, and heads the team responsible for the litigation services the firm provides to a major Canadian food distributor.

Representative Mandates

  • Won in the Supreme Court of Canada in the matter of the bankruptcy of Peoples Department Stores Inc. in which the company's directors successfully challenged various claims by the trustee in bankruptcy totaling $32 M. This landmark decision involving directors' liability was considered by Lexpert® magazine the second most important decision rendered in 2004
  • Filed a $22.5 M claim before an arbitration tribunal on behalf of a manufacturer of bulk material handling equipment for the price of an integrated handling system sold and delivered to the operator of one Québec's largest ports
  • Won, through arbitration, a dispute between two former partners involved in the development of a hotel project regarding the value of the shares of the partner being bought out
  • Successfully instituted an action for oppression remedies on behalf of a minority shareholder of a restaurant franchisor whose principal hypothecary creditor had an interim receiver appointed to manage the company's assets. With the court's authorization, our client purchased the franchisor's assets, refinanced the company and kept the franchise in business
  • Defended the interests of a real estate investor in connection with the acquisition and development of land to be used for the construction of luxury villas in the British Virgin Islands
  • Defended the interests of a minority shareholder of a company with real estate holdings by preventing actions by the majority shareholders who intended to eliminate his participation in the corporation
  • Defended the interests of the majority shareholders of a snow removal business by having the court dismiss the safeguard applications filed by a minority shareholder, who asked for removal of the directors and a change in the decision-making power
  • Presented a claim on behalf of a minority shareholder of a Canadian hedge fund and successfully negotiated a settlement allowing the shareholder to collect over $2 M for the sale of his interest
  • Obtained the cancellation of an Anton Piller order against a minority shareholder having started a new competing business, and negotiated the purchase of his shares at a price superior to the fair market value
  • Filed various proceedings in connection with the intellectual property rights to a modular restaurant concept to be operated in airports, and negotiated the royalty arrangements
  • Won a decision in the Court of Appeal which held that the trademark Horst Waterproof on high end bicycle bags did not cause confusion with the trademark Hörst Düsseldorf used by a manufacturer and wholesaler of men's clothing
  • Filed an injunction to prevent a network of restaurant franchises from using a trademark similar to that used by a restaurant owner for 50 years
  • Filed and obtained injunction orders enjoining a strategic supplier to continue producing and delivering industrial parts in spite of a dispute regarding their pricing

Education

1986 - LL.B., Université de Montréal

Acknowledgments

Best Lawyers in Canada® - Corporate and Commercial Litigation (nominated each year from 2015 to 2020)

Professional Affiliations

  • Québec Bar
  • Bar of Montreal
  • Board of Trade of Metropolitan Montreal
  • Board of Governors (2015), Le Cercle Entreprendre du Québec

Conferences

May 2013 - The forced sale of shares, De Grandpré Chait Litigation Conference
March 2010
- Insolvency: Three traps to avoid, De Grandpré Chait Construction Law Conference
March 2009 - Responsabilité des administrateurs de l'entreprise en difficulté, Economic and Financial Summit, Ordre des comptables professionnels agréés du Québec (OCAQ) and De Grandpré Chait
October 2005 - The Duties of Directors Towards Corporations in Light of the Supreme Court of Canada Decision in Peoples Department Stores Inc. (Trustee of) v. Wise, The Canadian Institute
April 2005 - Duties of Directors pursuant to section 122 CBCA. A case study of Peoples Department Stores Inc. (Trustee of) v. Wise, National Civil Litigation CLE Conference, Canadian Bar Association
April 2005 - Quels sont les droits des créanciers à l'encontre des administrateurs de compagnies insolvables, Insight conference on Insolvency and Commercial Restructuring
September 2004 - Financement d'entreprises en détresse : les leçons du cas Industries Davie, Insight Fourth Annual Conference on Sureties
September 2004 - Directors’ Liability in a Bankruptcy: Analysis of the Developments Since the Decision in Peoples and Wise, Canadian Institute’s Fourth Advanced Conference on Bankruptcy and Insolvency
September 2003 - La responsabilité des administrateurs dans un context de faillite : les enjeux de l’affaire de la faillite de Peoples Department Stores Inc., The Canadian Institute’s Third Conference on Bankruptcy and Insolvability

Publications

April 2005 - Corporate governance - The case of Peoples Department Stores Inc., De Grandpré Chait Newsletter
April 2005 - Directors duties: Finally some guidelines from the Supreme Court of Canada, De Grandpré Chait Newsletter
December 2004 - Anton Piller orders: a powerful tool to protect your rights, De Grandpré Chait Newsletter
April 2003 - Directors were not responsible for the bankruptcy of People Department Stores Inc., De Grandpré Chait Newsletter