Mathieu Lévesque

Mathieu Lévesque  

Partner

Executive Summary

Mathieu Lévesque is the regional leader of the Banking Litigation Group. His areas of practice include, in particular, banking litigation, bankruptcy and insolvency, financial restructuring, as well as class actions. He also specializes in bills of exchange, enforcement of security law, protection of personal information and commercial litigation.

Representative Work

  • Mathieu advises financial institutions, creditors (secured and unsecured), receivers and trustees in bankruptcy concerning the realization of security and ranking, as well as with respect to insolvency and asset recovery. He has acted as legal advisor:
    • In the matter of the Plan of Arrangement for Béton Brunet Ltée et al. and Business Development Bank of Canada et al.
    • In the receivership proceedings for Gaétan Corriveau and Bank of Montréal (a major residential real estate development for senior citizens)
    • In the matter of the Plan of arrangement and Compromise of Homburg Invest Inc. et al. (contested transfers and sub-leasing of commercial leases)
    • In the matter of the Plan of Arrangement of CT-Paiement and Global Payments (U.S.A.) (electronic payments agents)
    • In the receivership proceedings of Recycor Caoutchouc Inc. and Bank of Montréal
    • In the matter of the cross-border restructuring of White Birch Paper under the CCAA: "Official committee of Unsecured Creditors of Bear Island Paper Company, LLC"
    • In the matter of the Recognition in Québec of Foreign Insolvency Proceedings; Compañia Mexicana de Aviación de S.A. de C.V. et al.
    • In the matter of the Plan of Arrangement and Compromise of Bock inc. and CNH Canada Ltd. (distribution agreements)
    • In the matter of the Plan of Arrangement of Industrie Laforo Inc. and Business Development Bank of Canada
  • He also deals with various cases involving financial restructuring, whether or not supervised by Courts, as well as the refinancing of businesses subject to that process. The following are some examples:
    • Services financiers CIT Ltée c. le Belvoir (bankruptcy petition re uncertified health professionals)
    • Services financiers CIT Ltée c. Pharmacie Lyne Bédard inc. et al. (restructuring of drugstores)
    • Chrysler LLC (USA) v. Montupet Ltée (critical supplier, insolvency and injunction proceedings )
    • Services financiers CIT Ltée c. Sharon Eva Abitbol, pharmacienne et 9193-1360 Québec Inc. (restructuring of drugstores)
    • Banque de développement du Canada c. Boucherie Jean-Guy Inc.
  • Mathieu stands apart thanks to his experience in matters relating to the Bills of Exchange Act (forged cheques and fraudulent endorsements, etc.) and is in charge of a number of anti-fraud mandates (cybersecurity, fraud or phoney boss scams, phishing emails, fraudulent electronic funds transfers, etc.). The following are some examples:
    • Desjardins Assurances générales c. Luc Jutras et Industrielle Alliance, Assurance et services financiers inc.
    • 9264-5589 Québec inc. et 9262-8346 Québec inc c. Banque Canadienne Impériale de Commerce, Banque de Montréal et Banque HSBC Canada
    • Desjardins Assurances générales c. Claude Patry et Industrielle Alliance, Assurance et services financiers inc.
    • Norbourg, liquidation of assets, trusts and the matter of the Bankruptcy of Vincent Lacroix
    • Gwyneth Marguerite Riddell c. Banque Royale du Canada
    • Ramond Chabot inc. c. Caisse populaire Desjardins de la Vallée de la Kaimika (Banks’ obligations and liabilities)
    • Nguyen c. Tricot Canavan inc. et Banque Laurentienne du Canada
  • He defends banks in class actions taken against them. Mention may be made of:
    • Option Consommateurs et Dubé c. Banque de Montréal (fees charged for early mortgage repayments)
    • Fournier c. Banque Scotia (fees for registration in the RPMRR)
    • Union des Consommateurs et Marcil c. Banque de Montréal et al. (pre-authorized payments and related fees)
    • In the matter of Earl Jones and the Royal Bank of Canada
  • Expertise in disputes relating to the protection of personal information and representation and defence of financial institutions before the Federal Court, the Federal Court of Appeal (PIPEDA) and the Commission d'accès à l'information du Québec.
  • He represents businesses of all sizes in a wide gamut of commercial disputes.

Publications & Presentations

  • Presenter at the annual symposium of BLG's Financial Services Group (the phoney boss scam, business email compromise and recent developments in personal information).
  • Canadian Institute conference (recent developments in temporary financing (DIP Financing).
  • He provided courses in the M.B.A. Program of the John Molson School of Business, Concordia University.
  • He provided courses in Accounting and Insolvency at the H.E.C.
  • He is a speaker for the AQPRI/QAIRP (Association québécoise des professionnels de la réorganisation et l'insolvabilité/Québec Association of Insolvency and Restructuring Professionals).
  • He has spoken to financial institutions on:
    • Phoney boss and electronic funds transfer scams: Who is at fault?
    • Can/US: Cross-border financing transactions
  • Trainer for new bank account managers joining special accounts.
  • Various articles and coverage as Chair of the Bankruptcy and Insolvency Section of the Québec Branch of the Canadian Bar Association.
  • He has also lectured about and analyzed the BMP Global case dealing with the Bills of Exchange Act.
  • Mathieu has spoken at numerous conferences and given presentations to various institutional clients regarding statutes governing insolvency and the ranking of tax authorities (legal update on claims for extra-judicial fees, updates on the appointment of trustees, extraordinary recourses and insolvency proceedings).
  • He has served as a presenter in CLE training sessions for insolvency professionals.
  • Mathieu has authored a booklet of some forty pages summarizing creditors' rights in bankruptcy and insolvency.
  • He wrote about the Réforme de la Loi sur l'insolvabilité for the on-line version of the newspaper Les Affaires.
  • Author of a databank of precedents and authorities on insolvency and the rights of tax authorities and the priorities of the Crown.
  • He also gives lectures and seminars for the Association of Certified Fraud Examiners (ACFE).

Rankings & Recognitions

  • Rated as a "Rising Star" in Banking and Financial Services sector, as well as in the Financial Restructuring and Insolvency sector, in the 2017 and 2016 editions of IFLR1000 – the Guide to the World's Leading Financial Law Firms.
  • 2015: Winner of the annual Section prize as Chair of the Bankruptcy and Insolvency Section of the Québec Branch of the Canadian Bar Association.
  • Named "Litigation Lawyer to Watch" in the 2015 edition of the Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada.
  • Martindale-Hubbell, rating of 4.5 out of 5 granted in a peer evaluation
  • Mathieu Lévesque is mentioned in the Honour Roll of the Faculté des sciences de l'administration, Université Laval, for excellence in his work and of his results.