Charles Lapointe
PartnerCharles Lapointe focuses his practice mainly on commercial litigation, more specifically on insolvency and bank restructuring, and technology and intellectual property litigation. He has developed specialized expertise in extraordinary and urgent remedies, such as injunctions, Anton Piller orders, seizures before judgment and Norwich orders.
His services are sought in restructuring and bankruptcy proceedings by a host of financial institutions and other private lenders, as well as by receivers and trustees. When dealing with extraordinary remedies and intellectual property and technology litigation, he regularly represents and advises technology and telecommunications businesses and financial institutions. He frequently pleads before the courts, particularly the Superior Court of Québec and Court of Appeal of Québec, as well as before arbitration tribunals.
An entrepreneur at heart, Charles is well versed in the challenges businesses encounter and serves as a business advisor at all stages of the business life cycle. He also negotiates and drafts contracts, and offers litigation prevention services.
Charles has authored a number of articles and is a regular seminar speaker on a wide range of issues facing clients with regard to insolvency, restructuring, and extraordinary remedies.
He practises law in French and English.
The following is a selection of the clients whose interests Charles has represented:
Litigation – Insolvency
- An online retailer of children’s and baby products in its proposal and corporate reorganization under the Business Corporations Act (Québec) and the Bankruptcy and Insolvency Act (Canada)
- Multiple financial institutions in relation to the appointment of a receiver or interim receiver
- Multiple financial institutions in relation to turnaround measures involving borrowers
- A trustee in an action for annulment of the discharge of a bankrupt and a deed of reconveyance
- A committee of creditors consisting of Québec’s main insurers in connection with establishing a plan of arrangement of a plumbing supply fitting manufacturer
- A chief restructuring officer in relation to the Companies’ Creditors Arrangement Act process of a major window and door manufacturer
- A chief restructuring officer in relation to the restructuring of a kitchen cabinet manufacturer
- A private investment fund regarding the restructuring of a major property owner
- A financial institution in connection with a statement of non-releasable debt action
- A shipping container vendor in connection with a petition for bankruptcy and the appointment of a receiver against a client
- A provincial public body in relation to a petition for bankruptcy against a medical protective equipment supplier
Litigation – Intellectual property – Trademarks
- A professional services firm in connection with a dispute alleging trademark confusion
- A franchisor and its franchisee against a former partner in an unfair competition and misappropriation of goodwill action
Litigation – Intellectual property – Copyright law
- Various professionals and clients regarding litigation based on allegations of infringement of architectural work
- A corporation in relation to allegations of infringement of store furniture design
- A corporation with respect to litigation based on allegations of infringement of an application’s source code
- A corporation in connection with litigation involving business partners claiming partial ownership of the code developed
Commercial litigation
- A company and its partners with regard to a Paulian action for damages arising from the sale of three immovable assets
- An international money transfer company and the Bank of Canada in an action for damages
- A client in a dispute with an IT development services provider following the resiliation of a contract for services
- A provincial public body in connection with an action for damages and declaratory judgment following the sale of medical protective equipment during COVID-19
- Majority shareholders in a shareholder dispute
- A corporation subject to an oppression remedy by a minority shareholder
- A minority shareholder in relation to arbitration under an oppression remedy
- The majority shareholder and the corporation in connection with an action for damages and claim of a share of share ownership by two former employees
- A public accountant in relation to an action to disqualify his report and seek damages
Commercial Litigation – Extraordinary remedies
- An aviation client in connection with multiple applications for injunctions regarding non-compete clauses
- A telecommunications corporation in relation to various Norwich orders
- A corporate applicant in an application for an Anton Piller order following an employee departure
- An insurance company in connection with an application to annul an Anton Piller order
- A financial institution in connection with various applications for seizure before judgment and Norwich orders
- Best Lawyers in Canada – Insolvency and Financial Restructuring Law, 2025
- Best Lawyers in Canada: Ones to Watch
- Corporate and Commercial Litigation, 2023
- Insolvency and Financial Restructuring Law, 2023
- Young Bar of Québec City, Member, since 2014
- Fédération québécoise des sports canins attelés (FQSCA), Founder and Member of the Board of Directors, 2015-2021
- Mushers et athlètes canins du Québec, Founder and Member of the Board of Directors, 2020-2023
- Co-author: “Modifications législatives en matière d’insolvabilité pour mieux protéger les intérêts des licenciés : révolution tranquille ou coup de maître du législateur?” [Legislative amendments in the area of insolvency to better protect the interests of the licensees: Quiet Revolution or masterful initiative by the legislator?], Développements récents en matière de propriété intellectuelle et en droit du divertissement, Éditions Yvon Blais, Vol. 542, 2023.
- Co-author: “Commentaire sur la décision Université York c. Canadian Copyright Licensing Agency (Access Copyright) – Retour du balancier en faveur des utilisateurs de matériel pédagogique” [Case comment on York University v. Canadian Copyright Licensing Agency (Access Copyright) – A shift back in favour of teaching aids for users], Repères, December 2021, EYB2021REP3385.
- Co-author: “Recognition of the validity of legal fee reimbursement clauses in a loan contract: principles to keep in mind”, June 22, 2021.
- Co-author: “Appointment of receiver and notice of exercise: will the Court of Appeal settle the controversy?”, May 21, 2020.
- Co-author: “Business acquisition and contract termination: a case of buyer beware”, May 21, 2020.
- Author: “Implementation of an IT Solution: Intensity and Scope of the Obligations of the Service Provider”, December 14, 2018.
- Co-author: “The Supreme Court Unanimously Overturns the Decision of the Federal Court of Appeal in Callidus Capital Corporation v. Canada”, November 12, 2018.
- Co-author: “Authenticity, Reliability and Integrity of a Recording on a Technological Medium: The Court of Appeal Provides Some Clarification”, September 26, 2018.
- Co-author: “The Common Interest Privilege: an Unsung Ally”, July 20, 2018.
- Co-author: “Chronique – Le privilège d’intérêt commun et la reconnaissance de ce privilège par les tribunaux québécois et canadiens” [Column: The common interest privilege and its recognition by Québec and Canadian courts], Repères, Éditions Yvon Blais, May 2018, EYB2018REP2471.
- Co-author: “La superpriorité du prêteur temporaire est-elle à risque?” [Is temporary lender superpriority at risk?], March 1, 2018.
- Co-author: “Corporate Mergers and Hypothecs: Lenders Beware!”, May 1, 2017.
- Author: “Acquiring a Used Automobile: an Additional Search Is Now Required”, November 8, 2016.
- Co-author: “The Specific Regime for Termination of a Contract of Enterprise or a Contract for Services: Pros and Cons”, August 22, 2016.
- Co-author: “Security on Inventory Subject to Third-Party Intellectual Property Rights: How Are Creditors’ Rights Affected?”, April 15, 2015.
- Co-speaker: Modifications législatives en matière d’insolvabilité pour mieux protéger les intérêts des licenciés : révolution tranquille ou coup de maître du législateur? [Legislative amendments in the area of insolvency to better protect the interests of the licensees: Quiet Revolution or masterful initiative by the legislator?], Développements récents en matière de propriété intellectuelle et en droit du divertissement, Québec Bar, Montréal, November 16, 2023.
- Co-speaker: Que faire en cas d’insolvabilité ou de faillite d’un sous-traitant? [What to do in the event of a subcontractor's insolvency or bankruptcy?], Langlois Knowledge, webinar, November 24, 2022.
- Co-speaker: Les conventions de tolérance [Forbearance agreements], Credit Institute of Canada, Québec Chapter, webinar, June 15, 2021.
- Co-speaker: What extraordinary recourse is available in case of fraud?, Langlois Knowledge, webinar, March 12, 2021.
- Co-speaker: Insolvency and restructuring – the year 2020 in full swing, Langlois Knowledge, webinar, February 23, 2021.
- Co-speaker: Revue jurisprudentielle en matière de faillite et d’insolvabilité [Bankruptcy and insolvency case law review], Canadian Bar Association, webinar, November 3, 2020.
- Speaker: Blockchains: trends, implementation and future prospect, as part of the Huit nuances en droit des affaires workshop series, Langlois Knowledge, Québec City, September 20, 2017, and Montréal, September 27, 2017.
- Co-speaker: La résiliation d’un contrat d’entreprise ou de service [Termination of a company or service contract], as part of the Matins-conférences en droit de la construction, Langlois Knowledge, Québec City, May 19 2016.
- Co-speaker: L'ABC des contrats normalisés canadiens [The ABCs of Canadian standard contracts], as part of the Matins-conférences en droit de la construction, Langlois Knowledge, Québec City, April 7, 2016.
- Co-speaker: Les travaux de construction et les garanties légales [Construction work and legal warranties], as part of the Matins-conférences en droit de la construction, Langlois Knowledge, Québec City, December 7, 2015.
- Co-speaker: La faillite d’un sous-traitant [The bankruptcy of a subcontractor], as part of the Matins-conférences en droit de la construction, Langlois Knowledge, Québec City, October 23, 2015.
- Co-speaker: L'hypothèque légale de la construction [The construction legal hypothec], as part of the Matins-conférences en droit de la construction, Langlois Knowledge, Québec City, September 25, 2015.
- Quoted: “Droit des affaires: des services toujours plus diversifiés” [Business law: increasingly diversified services], Les Affaires, article by Anne Gaignaire, September 23, 2017.
LL.B., Civil Law (Honour Roll), Université Laval, 2012