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Commercial Litigation Lawyer in Montreal - Vincent Cerat Lagana

Vincent Cérat Lagana

Partner Fasken
Jurisdiction Québec, 2011
Language(s) French, English, Italian
Office(s) Montréal
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Overview

Vincent Cérat Lagana is a partner in our Litigation & Dispute Resolution group. He is a driven and versatile litigator who takes great pride in protecting his clients’ interests in diverse matters across a variety of areas.

Vincent practises primarily in commercial and business litigation and regularly advises and acts for clients in matters involving shareholder disputes, transactional litigation and corporate governance litigation. He represents either corporations and their boards of directors or minority shareholders in oppression proceedings. Vincent often publishes and lectures on these topics.

Clients seek Vincent’s support in complex matters, including contractual and commercial disputes, securities litigation, public and constitutional law and class actions. He regularly leads teams in time-sensitive matters, such as injunction proceedings. Vincent has been recognized for his litigation excellence or as a rising star by leading industry publications, such as Chambers, Lexpert, Legal 500, Best Lawyers and Benchmark Litigation.

    Vincent has worked on the following notable cases:

    • Acted for the sellers of a Québec-based SME in a post-closing dispute with the European buyers.
    • Acted for Québec’s judicial council (Conseil de la magistrature du Québec) and the Chief Justice and Associate Chief Justice of the Court of Québec in proceedings brought against the Attorney General of Québec in reference cases, applications for stays, and judicial reviews concerning English language proficiency requirements for certain judicial positions and the assignment of judges in the Criminal Division of the Court of Québec. 
    • Acted for Intact before the Superior Court of Québec and the Court of Appeal of Québec in an application for authorization to institute a class action related to business interruption insurance coverage for losses arising from COVID-19-related closures.
    • Acted for a major European group, the majority shareholder, in a complex shareholder dispute.
    • Led the defence of a leading auto parts manufacturer in a multimillion-dollar commercial arbitration arising out of a business acquisition.
    • Acted for Canadian Pacific Railway in the high-profile rail blockade in February 2020.
    • Acted for Transat in its victory against Groupe Mach before the Financial Markets Administrative Tribunal.
    • Acted for Thales in disputes with Bombardier arising out of various aircraft programs.
    • Represented the Québec judicial council (Conseil de la magistrature du Québec) before the Supreme Court of Canada and before a special panel of seven judges of the Court of Appeal in the reference question concerning the Court of Québec’s jurisdiction in civil matters and to hear appeals.
    • Successfully defended the members of the Special Committee of the former Boralex Income Fund in a multimillion-dollar claim for damages brought by a unitholder following a take-over bid for Boralex.
    • Acted for Québecor in legal actions against the Just for Laughs Group arising from the sale of Just for Laughs in 2017-2018, as well as in related claims for damages.
    • Successfully acted for Rogers Communications before the Supreme Court of Canada on the issue of the power of municipalities to determine the location of radiocommunication antennae.
    • Successfully acted for Trackcom in the landmark decision rendered by the Québec Court of Appeal concerning interim orders, investigations and provisions for costs in oppression proceedings.
    • Acted for Fibrek Inc. and Goldcorp in complex litigation files arising from unsolicited take-over bids.
       

Achievements

  • Recognized in Litigation: General Commercial in Québec, Chambers Canada 2026
  • Recognized in Québec as a Litigation Star, Benchmark Litigation Canada 2025 to 2026
  • Recognized nationwide as a Next Generation Partner in Dispute Resolution , The Legal 500 Canada 2024 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Corporate and Commercial Litigation , Lexpert 2022 to 2026
  • Recognized in Commercial and Corporate Litigation and Class Action Litigation in Montreal, The Best Lawyers in Canada 2023 to 2026
  • Recognized in Corporate Governance Practice and Administrative and Public Law in Montreal, The Best Lawyers in Canada 2023 to 2026
  • Recognized as Up-and-Coming in Litigation: General Commercial in Québec, Chambers Canada 2025
  • Recognized in Québec as a Future Star, Benchmark Litigation Canada 2023 to 2024
  • Recognized in Litigation: General Commercial in Québec, Chambers Canada 2023 to 2024
  • Recognized in the 2022 edition of the Benchmark Litigation Canada Guide , Benchmark Litigation Canada 2022

Experience

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, [Case - Canadian Pacific Railway Company], This matter is in connection with the highly publicised file of the various blockades across Canada. A first blockade in the Province of Québec took place since February 8, 2020, in the Kahnawake Mohawk Territory, alongside the railways owned and operated by the Canadian Pacific Railway Company w...
  • Intact Insurance, Bélair Direct And Industrial Alliance In A Class Action Instituted Against Car Insurers Across Quebec, [Case - Intact Insurance, Belair Direct and Industrial Alliance], Our team is acting for Québec’s largest car insurers (Intact and Bélair) in the context of a class action instituted against car insurers across the province. The Application to authorize the class action seeks damages related to the alleged fact that (i) insurance companies raise premiums with r...
  • Representation of the Judicial Council of Québec in the context of the Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals, [Case - Conseil de la magistrature du Québec], Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals.
  • Success in the Court of Appeal in a securities case in response to an action for damages brought by the O’Leary Funds, [Case - Confidential Client], Successfully represented the former members of the independent committee of the Boralex Power Income Fund in response to an action for damages brought by the O’Leary Funds, former unitholders in the Boralex Income Fund. The action arose out of the acquisition of the Income Fund by Boralex Inc. fo...
  • Successfully represented the members of a special committee of directors in a case resulting from a takeover bid, [Case - Confidential Client], Successfully represented the former members of the independent committee of the Boralex Power Income Fund in response to an action for damages brought by the O’Leary Funds, former unitholders in the Boralex Power Income Fund. The action arose out of the acquisition of the Boralex Power Income Fun...
  • Québecor is seeking a permanent injunction against Juste pour rire in the Superior Court of Québec, [Case - Québecor Média inc.], Fasken represented Québecor Média, a media empire based in Quebec, in complex commercial and contract litigation in connection with the process for the sale of Juste pour rire/Just for laughs, an entertainment company centred on Montréal’s Juste pour rire festival, the most well-known humour fest...
  • Liquidation of gestion Éric Savard in the context of a company's Creditors Arrangement Act, [Deal - Essilor Group Canada Inc.], The CCAA proceeding was unique as Mr. Éric Savard, a director and sole shareholder of the Savard Group, was removed from office as director as the Court was satisfied that he was unreasonably impairing the CCAA proceeding and acting inappropriately as director in the circumstances (Section 11.5 of the CCAA). The Monitor was given enhanced powers, namely to act in place of Mr. Savard. These powers were akin to the powers of a Receiver.​
  • Reference to the Québec Court of Appeal regarding the Court of Québec’s financial jurisdiction threshold, as well as the appellate jurisdiction attributed to it, [Case - Conseil de la magistrature du Québec], The Chief Justices of the Superior Court held that section 35 of the C.C.P., which grants the Court of Québec jurisdiction over civil matters under $85,000, as well as the provisions granting appellate jurisdiction to the Court of Québec, are unconstitutional. According to their opinion, section ...

Career & Education

Education

  • LLB University of Montreal

Memberships & Affiliations

  • Member, Bar of Montreal Committee - Liaison with the Quebec Court of Appeal
  • Member of the board of directors of Justice Pro Bono
  • Member, Advocate's Society
  • Member, Canadian Bar Association
  • Member, Young Bar Association of Montréal
  • Member, American Bar Association   

 

Knowledge

  • “A Change is a Change” – The Supreme Court Rejects a Narrow Interpretation of “Material Change”, 12/1/2025
  • Is a “Material Change” Ahead for Reporting Issuers in Canada? The Supreme Court Will Decide, 6/19/2024
  • “One True Rule” Reigns Again in Public M&A: Court of Appeal Awards Dissenting Shareholders Significant Premium, 3/5/2024
  • Highlights | 2024 Conference - Fasken Capital Markets in Montréal, 1/22/2024
  • Derivative Actions in Private Equity? Recent Caselaw from BC and Ontario, 3/14/2023
  • Sovell : Clear and Ambiguous Clauses, Commercial Reality and Oppression, 4/19/2022
  • The Supreme Court Reiterates the Distinction Between a Shareholder’s Right of Action and the Corporation’s Right of Action, 12/20/2018
  • The Supreme Court of Canada rules on the personal liability of directors in the context of the oppression remedy., 7/17/2017

Events

  • Capital Markets Breakfast Seminar, 1/29/2025
  • 2024 Conference - Fasken Capital Markets in Montréal, 1/16/2024
  • Litigation Update for M&A Counsel, 11/15/2023
  • How to Contractually Limit Your Liability, 2/15/2023
  • Sujets d'actualité et tendances émergentes en litige de droit des affaires, 2/17/2021
  • Lawsuits are expensive: tips to avoid litigation, 2/17/2016

News

  • Fasken Welcomes the IBA to Toronto, 5/1/2025
  • The Lawyer’s Daily quotes Vincent Cérat Lagana in an article on Quebec bar setting up free phone-in clinic to help citizens with questions related to COVID-19, 3/20/2020
  • Fasken Adds 17 New Partners, 1/31/2019
  • Droit-Inc mentions Vincent Cérat Lagana and Nikolas Blanchette in an article about the Rogers-Châteauguay case before the Supreme Court, 6/29/2016
  • Fasken Martineau secures a win for Rogers before the Supreme Court of Canada in landmark decision on constitutional authority over Radiocommunication and Telecommunications Infrastructure, 6/27/2016

Publications

  • L'Arrêt Elphin: Le retrait forcé d'un actionnaire vu sous l'angle de la clause pénale (available in French only), 12/31/2022
  • Les ordonnances provisoires dans les recours pour oppression au Québec, 8/25/2017
Article Les ordonnances provisoires dans les recours pour oppression au Québec La Revue du Barreau, Vol., 76, 2017, p. 243-300

Speaking Engagements

  • Matinée droit des affaires SOQUIJ - "Provisional Orders In Oppression Remedies", 5/28/2020
  • Sujets d'actualité et tendances émergentes : conflits entre actionnaires, gouvernance et délits d'initiés, 11/13/2019
  • Recours en oppression et ordonnances provisoires, 11/7/2018
  • Recours en oppression et ordonnances provisoires, 9/28/2018
  • #MeToo et ses échos : la sphère juridique sur le qui-vive, 5/9/2018
  • Good faith and the New Code of Civil Procedure, 5/12/2017
  • Les litiges coûtent cher : conseils pratiques pour les éviter, 2/17/2016
Speaker Matinée droit des affaires SOQUIJ - "Provisional Orders In Oppression Remedies" location location Montréal, QC, Canada
Sujets d'actualité et tendances émergentes : conflits entre actionnaires, gouvernance et délits d'initiés location location Montréal, QC, Canada
Speaker Recours en oppression et ordonnances provisoires Presented at the Young Bar of Montréal location location Montréal, QC Presented at the Young Bar of Montréal