Nicolas

Plourde, Ad. E.

Lawyer / Partner

Education and Bar Admission

  • Called to the Quebec Bar, 1993
  • Bachelor of Laws, Université de Montréal, 1992

Areas of Practice

  • Commercial litigation
  • Arbitration
  • Bankruptcy and insolvency
  • Securities litigation
  • Extraordinary remedies
  • Banking
  • Class actions
  • Shareholder disputes
  • Product liability

Profile

A Université de Montréal law graduate called to the Bar in 1993, Nicolas Plourde has over 25 years of experience in civil and commercial litigation. He is an accomplished and versatile litigator with expertise in a wide range of areas. He is highly recognized for his skill in helping parties reach mutually beneficial solutions to their disputes.

Over the years, Nicolas has developed a particular expertise in complex commercial litigation, including insurance matters, banking litigation, injunctions, seizures and other urgent and extraordinary procedures, such as Anton Piller orders and Mareva injunctions.

Nicolas also has a thorough understanding of bankruptcy and insolvency matters, and routinely advises creditors, debtors and trustees. He has represented a number of clients from a variety of economic sectors, in reorganizations, receiverships and bankruptcies under the Companies’ Creditors Arrangement Act (CCAA) and the Bankruptcy and Insolvency Act (BIA). Through his dealings with clients experiencing financial difficulties, Nicolas has also developed an expertise in the area of director and officer liability. Recognized by Lexpert as one of Canada’s best lawyers in the field, he has given several conferences on these topics.

In the last few years, he was Bâtonnier (President) of the Bar of Montreal (2009-2010) and Bâtonnier of the Quebec Bar (2012-2013). As such, he has acquired knowledge and solid credibility in both professional and political spheres. He currently acts as the attorney for the Committee on the remuneration of judges and justices of the peace appointed by the government of Quebec.

Nicolas is also actively involved in his community. He has sat on various boards of directors for charitable organizations, including the Quebec Special Olympics. He currently chairs the Board of Directors of the Accueil Bonneau Foundation.

Relevant Experience

Representing the Régie des installations olympiques (RIO) in the context of an injunction instituted by an unsuccessful bidder when a call for tenders for the installation of a handling system to renovate the Olympic Stadium mast was cancelled.

Representing the Chambre des notaires in the context of Anton Piller, Mareva and Norwich proceedings against a former notary responsible for misappropriating funds from his trust account.

Representing Liebherr in a lawsuit instituted against Bombardier in the amount of $30 million in connection with the termination of the Learjet 85 program.

Representing one of the parties involved in the lawsuits instituted by SNC Lavalin for an amount over $127 million in connection with to the alleged misappropriation of funds related to construction projects in Libya.

Representing the Agence métropolitaine de transport (AMT) in the CCAA restructuring of Les Grands Travaux Soter ($26-million debt), a company specializing in complex civil engineering projects.

Representing the Union Tank Car Company (UTCC), a subsidiary of the Birkshire Hathaway Group headed by Warren Buffet, in the restructuring of railway operator Montreal, Maine & Atlantic (MMA) and the class action instituted against several parties on behalf of the victims of the 2013 Lac-Megantic rail disaster. UTCC was one of the tank car lessors. The Court-approved Plan of Arrangement included a settlement of the class action instituted on behalf of the victims ($430 million).

Representing Hart Stores in their restructuring under the CCAA ($52-million debt). Hart Stores, at the beginning of their restructuring, offered a wide variety of products in their 98 stores in Ontario, Quebec, New Brunswick, Nova Scotia and Newfoundland and Labrador.

Representing Maple Pictures, shareholder and creditor, in the CCAA restructuring of Christal Films.

Representing ROL Group, an automotive parts manufacturer and distributor, in its restructuring under the CCAA $70-million debt). ROL Group was composed of Canadian, American and Mexican companies which were all under CCAA protection. Recognition of these Canadian proceedings was afterwards sought and obtained in the United States under Chapter 15 of the US Bankruptcy Code. To our knowledge, this was the first time that such a recognition was obtained.

Representing AldeaVision, a public company, in its reorganization under the CCAA. This matter was distinct as no stay of proceedings was requested and no monitor was appointed. In fact, since all bondholders had approved the plan pursuant to the CCAA and the Canadian Business Corporations Act in advance, Court approval was sought directly. It was in a way, to our knowledge, the first “instantaneous reorganization”.

Representing Inter-Canadian Airline in connection with its reorganization under the BIA and acting for its directors in the defence of proceedings brought by the trustee in bankruptcy and former employees. In the latter case, the former directors were being sued for unpaid wages totalling approximately $10 million. The lengthy trial involved complex evidence and novel issues of law.

Conferences and Publications

  • Nicolas Plourde, “L’insolvabilité en contexte international” (66th Young Bar of Montreal Annual Conference, delivered in Montreal, 19 May 2011).
  • Nicolas Plourde, “La Loi type sur l'insolvabilité internationale” in Développements récents en droit des affaires internationales - Faillite internationale, vol. 321 (Montreal: Yvon Blais, 2010) 227.
  • Nicolas Plourde, “Le Chapitre 15 du US Bankruptcy Code: une nouvelle ère ?” (Insight, delivered in Montreal, 20-21 April 2009).
  • Nicolas Plourde, “Les administrateurs sont-ils responsables pour les préavis et les indemnités de licenciement payables aux termes d’une convention collective?” (Insight, delivered in Montreal, 23-24 April 2007).
  • Nicolas Plourde, “Les droits des actionnaires de compagnies québécoises en matière d’arrangements” (Insight, delivered in Montreal, 18-19 April 2005).
  • Nicolas Plourde, “Récents développements et analyse comparative en matière de fiducies présumées et de demandes formelles de paiement” (Insight, delivered in Montreal, 15-16 September 2004 / Canadian Institute, delivered in Montreal, 20-21 January 2005).
  • Nicolas Plourde, “Les obligations des syndics, séquestres intérimaires et contrôleurs à l’égard des conventions collectives” (Canadian Institute, delivered in Montreal 22-23 September 2004 / Canadian Bar Association, Bankruptcy and Insolvency Division Breakfast seminar, delivered in Montreal, 30 November 2004).

Distinctions

  • Lawyer Emeritus (Ad. E.), a distinction awarded by the Quebec Bar for an outstanding professional career, contribution to the profession and social and community standing that has brought honour to the legal profession (2014)
  • Recognized by Lexpert as one of Canada’s best lawyers in the field of bankruptcy and insolvency

Professional and Community Involvement

  • Chair of the Board of Directors of the Accueil Bonneau Foundation (2015 to present)
  • Member of Council of the Federation of Law Societies of Canada (2013-2015 and 2018 to present)
  • Member of the Board of Directors of Special Olympics Quebec (2004-2015)
  • Bâtonnier (President) of the Quebec Bar (2012-2013)
  • Chair of the Quebec Bar Governance and Ethics Committee (2010-2011)
  • Bâtonnier (President) of the Bar of Montreal (2009-2010)
  • Founding member and treasurer of Pro-Bono Québec (2008)
  • President of the Young Bar of Montreal (1997-1998)