Antoine Leduc, Ad. E.
Partner

Overview

A practising lawyer for more than twenty years, active both in commercial transactions and litigation, acknowledged for his skills, his integrity, his pragmatism and his polyvalence, renowned both as a practitioner and a scholar, Antoine Leduc is the leader of our Financing group, and a partner in the commercial law and commercial litigation groups of the firm.

An expert in financing, banking law, mergers and acquisitions, bankruptcy, insolvency and restructuring and in commercial litigation, Antoine has a diversified practise and also works in international commercial law, law and development and real estate law. He has represented, in such various contexts, financial institutions (domestic and international), trustees in bankruptcy, public and private corporations, governments, for private mandates, compliance and regulatory issues and interventions as expert in law reform and for the review of public policy.

Past President of the Canadian Bar Association, Quebec Branch (2014–2015), Antoine has greatly contributed to the improvement of the administration of justice, to the independence of the legal profession and to foster a better image of lawyers in the public, in Canada and internationally.

Author of numerous, award-winning and authoritative publications regularly quoted by Courts, including the Supreme Court of Canada, Antoine’s book Mondialisation et harmonisation du droit des sûretés (i.e. Globalization and Harmonization of Secured Transactions) (Thémis, 2012) won the 2013 Quebec Bar Foundation’s legal competition award in the category “Monograph and Treatise”, the most prestigious distinction for a legal writing in Quebec.

A Doctor of Laws from the Université de Montréal Faculty of Law (with great distinction) (2011), he holds a Master’s degree in Business Law from this university (2002) and obtained his civil and common law degrees from McGill University in 1996. He has pursued for several years is teaching and research activities, notably as Research Fellow at the Chair in Governance and Business Law of the Université de Montréal.

Accomplished musician, concert organist, Antoine is highly involved in the arts and in promoting the safeguarding of religious and cultural heritage, being the instigator of the Manifeste pour la sauvegarde du patrimoine religieux du Québec (i.e. Manifesto for the safeguarding of Quebec’s Religious Heritage) (June 2010).

Antoine has received many awards and distinctions over the years, in Canada and abroad. In November 2009, he was recognized by Lexpert Magazine as one of Canada’s “Rising Stars - Leading Lawyers under 40”.  In September, 2010, he was appointed “Fellow” of the American College of Mortgage Attorneys. In January 2015, Antoine was appointed Governor of the Québec Bar Foundation and, in July 2015, he was appointed Advocatus Emeritus by the Quebec Bar. On May 28, 2018, Antoine received the Jules-Deschênes Award, CBA-Québec’s highest distinction, which underlies the exceptional dedication and team spirit that Antoine has shown as part of his ongoing commitment to this association and the profession.

Representative Work

Financing Transactions

  • $228 million Loan Guarantee by Investissement Québec to Alcoa Ltée. Representation of Investissement Québec in the drafting and negotiation of a loan guarantee in the amount of $228M to Alcoa Ltée for the modernization of its installations in Québec, and representation of Investissement Québec in the negotiation with Alcoa’s lenders for the setting up of the credit documentation for the principal loan.
  • $400 million non-recourse loan by Investissement Québec to Alcan Inc. Representation of Investissement Québec in connection with a $400M non-recourse loan made available to Alcan Inc. (now Rio Tinto Alcan), with respect to the modernization of its installations in the province of Québec, within a $1.2 billion project involving the government of Québec and Hydro-Québec.
  • $20 million Private Placement by Investissement Québec in favour of 5N Plus Inc. Representation of Investissement Quebec in this financing of this publicly traded corporation.
  • $48 million Secured Credit Facility (Construction Loan). Representation of the National Bank of Canada in connection with a $48M refinancing loan in favour of LAB Research Inc. for the construction of its new laboratories in Laval, Québec.
  • $200 million secured credit facility. Representation of a Canadian chartered bank in a financing transaction for a private client, involving the setting up of security in many jurisdictions, including North America, Europe and Asia.
  • €200 million Export Finance Secured Credit Facilities. Representation of Société Générale (Canada) (“SG”) in the financing of both Quebecor Media Inc. (“QMI”) and Quebecor World Inc. (“QWI”) for their acquisition of 22 printing presses built by Man Roland Druckmaschinen AG, from Germany, secured by Euler Hermes Kreditversicherungs AG, also from Germany. Responsible for structuring all the security arrangements between QMI and QWI, on the one hand, and the syndicate of lenders and SG, on the other hand. In this transaction, security was taken over movable and immovable property in many jurisdictions in North America, both in the United States and in Canada. Representation of SG as participant in the $1.5 billion syndicated credit facilities made available to QMI and QWI.
  • $20,500,000 Private Placement in favour of Bellus Health Inc. Representation of a secured noteholder in this private placement, involving the setting up of security in Canada, the United States and Europe.


Financial Restructuring, Creditors’ Rights and Bankruptcy Matters

  • Bankruptcy Proceeding of 9184-6808 Québec Inc. (LAB Chrysotile). Representation of KPMG Inc., Trustee of the Estate of the bankrupt debtor, an asbestos mining company in Thetford Mines, Quebec.
  • Bankruptcy Proceedings of Les Meubles Poitras (2002) Inc. Representation of Raymond Chabot Inc., Trustee of the Estate of the bankrupt debtor.
  • Bankruptcy Proceedings of 4271807 Canada Inc. and of Main Knitting Inc. Representation of Raymond Chabot Inc., Trustee of the Estate of 4271807 Canada Inc., a bankrupt.
  • Bankruptcy of Canadian Bureau of Investigations and Adjustments (CBIA) Inc. Representation of HSBC Bank Canada in the recovery of its secured claim.
  • Bankruptcy Proceedings of Les Entreprises Pesamiu Ilnuts Inc. Representation of Sodexho Limited in its claim against Les Entreprises Pesamiu Ilnuts Inc., a corporation operated by aboriginal and native people.
  • CCAA Proceedings of Mine Jeffrey Inc. Representation of the syndicate of lenders (short term creditors) in connection with their claim in such proceedings.
  • Bankruptcy Proceedings of Location Rompré Inc. and Gestion Inter-Parc Inc. Representation of Ford Credit of Canada Limited in the realization of its $30 million claim against the floor plan of these car dealers.
  • Bankruptcy Proceedings of VIP Switch Inc. Representation of Samson Bélair / Deloitte & Touche Inc., in its capacity of Trustee of the Estate of VIP Switch Inc., a bankrupt. Antoine successfully pleaded before the Quebec Court of Appeal the case of Immeubles Wilfrid Poulin Ltée vs Samson Bélair / Deloitte & Touche Inc., 2006 QCCA 1320, regarding fraudulent conveyances and stand-by letters of credit granted in favour of a landlord.
  • Restructuring and Bankruptcy Proceedings of Béton Grilli Inc. Representation of HSBC Bank Canada in connection with its claim as a lessor of heavy equipment in such proceedings.
  • Bankruptcy Proceedings of National Metal Finishing N.M.F. (Canada) ltd. Representation of HSBC Bank Canada in connection with its claim as a lessor of heavy equipment in such proceedings.
  • Financial Market for Residential Housing in Indian Reserves. Representation of a financial institution in respect of structuring the financing of residential housing in Indian reserves, including the compliance with the legislation pertaining to Indian land claims and Indian specific tax regime.
  • Legal Opinions on compliance issued to a Canadian Chartered Bank. Numerous legal opinions provided to a Canadian Chartered Bank on compliance and regulatory issues, including in respect of annual general meetings of shareholders.
  • Representing of a company recycling batteries in its accreditation process with Recyc-Québec. Advisor in compliance and regulatory matters for a company recycling batteries in its accreditation process with Recyc-Québec.
  • Representing of a greenhouse in its financing ($45M). Representation of a greenhouse in the structuring of a real estate financing for the implementation of subsidized greenhouses.


Commercial Litigation

  • Garderie Éducative Les Jardins de l’Avenir inc. vs 9172-9913 Québec inc., 2016 QCCS 3776. Representation of the seller of a subsidized daycare in a litigation against the purchaser in respect of a balance of sale, the value of the daycare and the damages claimed by the purchaser further to a decrease in the subsidies awarded to the daycare.
  • Canadian National Railway Company vs RTK WP Canada, ULC, and Rentech, Inc., C.S.M. 500-17-097584-174. Representation of the defendants against a $3.6M claim made by CN under a multijurisdictional transportation agreement of merchandise across Canada, regarding wood pellets.


Law and Development and Law Reform

  • As a lawyer involved in law and development projects, Antoine has advised the Arab Republic of Egypt in connection with the reform of its real estate finance laws and institutions. In 2009, he led a team who completed a field study for the Canadian International Development Agency (CIDA) in the Democratic Republic of Congo, regarding its urban planning, housing and real estate law reforms.
  • In 2006, Antoine was appointed to the Consulting Panel created by the Autorité des marchés financiers du Québec with respect to the study of the Act respecting the transfer of securities and the establishment of security entitlements (Quebec).
  • In February 2000, Antoine was invited by both the Quebec and Canadian governments to represent them, in Washington, D.C., as a Quebec civil law expert with respect to secured transactions, at the Organization of American States’ (OAS) Second Meeting of Experts for the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI). This led to the adoption of the 2002 Model Inter-American Law on Secured Transactions, which aimed at standardizing this area of law across the Americas.
Areas of Expertise
  • Asset Recovery and Banking Litigation
  • Bankruptcy, Insolvency and Restructuring
  • Civil and Commercial Litigation
  • Commercial Law
  • Corporate Law and Business Advisory Services
  • Energy Law
  • Financing
  • Mergers and Acquisitions
  • Real Estate
Education
  • LL.D., Université de Montréal, 2011
  • LL.M., Université de Montréal, 2002
  • B.C.L./LL.B., McGill University, 1996
Affiliations and Activities
  • Member of the Quebec Bar
  • Member of the American Bankruptcy Institute (ABI)
  • Fellow of the American College of Mortgage Attorneys (ACMA)
  • Member of the Canadian Bar Association (CBA)
  • Member of the Association Henri Capitant des amis de la culture juridique française
  • Member of the INSOL International
  • Member of the International Bar Association (IBA)
  • Member of the Chambre de commerce et d’industrie française
  • Member of the Chamber of Commerce of Metropolitan Montreal
Publications
  • December 2012
    Mélanges Pierre Ciotola
  • June 2012
    Mondialisation et harmonisation du droit des sûretés
  • November 2010
    JurisClasseur Québec : Faillite, insolvabilité et restructuration
  • September 2009
    Grands pas et faux pas de la compétence inhérente des tribunaux en droit canadien de l’insolvabilité : qui fait la loi?
  • June 2008
    Les récents scandales financiers au Québec en matière de fonds communs de placement
  • January 2006
    Arrêt Val-Brillant : évolution ou régression de l’hypothèque mobilière avec dépossession, en droit civil québécois?
Conferences
  • June 18, 2014
    The Reform and Harmonization of Secured Transactions Law in a Context of Globalisation: The Next Step Towards Uniformity? – A Reflection on Globalisation of Business Laws, the Rule of Law and Legal Pluralism
  • June 11, 2014
    "Réflexions sur la mondialisation du droit des affaires, l’État de droit et le pluralisme juridique"
  • February 21, 2014
    "Jurisprudence en matière de faillite et d’insolvabilité : analyse de certaines causes ayant un impact sur la pratique notariale"
Recognition
  • Jules-Deschênes Award, CBA-Québec, 2018
  • Advocatus Emeritus, Quebec Bar, 2015
  • Governor, Quebec Bar Foundation, since 2015
  • Quebec Bar Foundation’s legal competition award in the category “Monograph and Treatise”, for the book Mondialisation et harmonisation du droit des sûretés (i.e. Globalization and Harmonization of Secured Transactions) (Thémis, 2012)
  • Fellow, American College of Mortgage Attorneys, 2010
Photo Antoine Leduc
Telephone 514 925-6323 Facsimile 514 925-5023 Email
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Year of Call to the Bar

Quebec, 1998

Languages

French, English