Gerry Apostolatos

Lawyer, Partner - Montréal

Quebec Bar 1989
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Gerry Apostolatos is a partner at the Montreal office of Langlois Lawyers. He is recognized for providing strategic advice and has versatile expertise in litigation, arbitration as well as restructuring and insolvency. Gerry also advises on private equity/M&A transactions and is considered a “go-to lawyer” for matters related to Quebec. He is a former Chair of the firm’s Board of Directors.

With over 30 years of trial and appellate experience, appearing regularly before a range of tribunals, arbitral bodies and courts in complex high-stake disputes, Gerry has acted in some of the most important litigation in Canadian history from a financial perspective. A sample of his representative work is listed below.

As a leading specialist in the area of insolvency and financial restructuring, he has also represented notable corporate debtors and other key stakeholders with respect to a wide range of reorganizations. Furthermore, he has served the profession as National and Quebec Chair of the Insolvency Law Sections of the Canadian Bar Association and has acted as Chair of the Liaison Committee of The Bar of Montreal with the Commercial Division of the Superior Court (the equivalent of the Commercial Court Users’ Committee in other Canadian provinces). 

Throughout his career, he has dedicated himself to the promotion of the rule of law, law reform, the continued improvement of the judicial system, and the public interest, as illustrated in part by his prior membership on the Disciplinary Board of the Quebec Bar and his long-standing and sustained involvement with the Canadian Bar Association, culminating in his presidency of the Quebec Branch of the Canadian Bar Association. 

He is a sought-after speaker and commentator in legal and business circles. 

Gerry believes in volunteerism as well as civic responsibility. His wide range of contributions includes climbing Mount Kilimanjaro for the benefit of the Heart and Stroke Foundation of Quebec, contributing to foundations and educational institutions, pro bono legal work and volunteering as a community soccer coach.

Education

Bachelor of Civil Law with honours, B.C.L., McGill University, 1988

Bachelor of Common Law with honours, LL.B., McGill University, 1988

Bachelor of Arts (partial), Government and Policy Studies, Dartmouth College, United States, 1987

Exchange Program in Civil Law and Common Law, Dalhousie University and University of Sherbrooke, 1984

Collège Jean-de-Brébeuf (D.E.C.), 1983

Rankings & Recognitions

Recognized as an important member of Montreal’s business community with Mr. Martin Thibodeau, President, Direction du Quebec, Royal Bank of Canada, by the Canadian Associates of Ben-Gurion University of the Negev, Israel

Recognized as “Professional of the Year” by the Hellenic Board of Trade of Metropolitan Montreal

Insolvency lawyer of the year “Le Monde Juridique”

Martindale-Hubbell-Granting of BV Rating which identifies a lawyer with very high legal ability, exemplary professional expertise, experience and stature

Representative Work

Strategic Advisor

Advising in various areas of the law in connection with numerous industries. Leveraging the power and expertise of the firm to achieve exceptional results for clients, often in the most challenging of circumstances, including in fraud (Norwich orders), Mareva injunctions (asset freezing) and Anton Piller orders (civil search), anti-corruption, procurement, labour and employment law, mining law, construction law, intellectual property, technology, competition law and corporate matters.

Restructuring & Insolvency

Acted for the holders of NSR royalties in defence of an attempt to disclaim and terminate the NSR agreements in the mining sector.

Ad Hoc Committee of Independent Second Lien Lenders of around US$40 million in the Cirque du Soleil CCAA/Chapter 15 filing.

Sale of financially distressed businesses and most recently in an interprovincial context to an international conglomerate and a national plumbing fixtures company.

Mitsubishi Chemical Corporation in the BioAmber CCAA/Chapter 11 matter where IP licensing issues were at play in connection with a sustainable chemicals company.

Unilin Beheer BV in IP and patent litigation enforcement at the intersection with the application of federal insolvency legislation.

A major Canadian law firm in the CCAA/Chapter 11 filing of Performance Sports Group as regards insolvency and IP issues.

Several insurance corporations with a multitude of multimillion-dollar product liability claims in the Aquadis CCAA matter.

Pension committees with a claim of approximately $78 million in the CCAA sale and reorganization of Quebec regional newspaper group, Groupe Capitales Média.

Provisional Administrator of seven pension plans with a claim of approximately $400 million in the White Birch CCAA matter.

Rio Tinto affiliate, QNS&L railway, the largest unsecured creditor (over $500 million) in the Bloom Lake/Wabush mining CCAA/Chapter 15 matters.

Agricultural Financial Services Corporation in the reorganization and sale of Abitibi Helicopters, a company operating in the heliportable seismic support in North America, mineral exploration and firefighting operations.

Major international insurance company as regards to several insurance and insolvency issues in the cross-border Kraus Group CCAA/Chapter 15 matter with regards to a $100 million policy.

Montreal Auditor General in the Bixi BIA matter.

Canadian and foreign landlords and other creditors in the Aldo, DavidsTea, Spectra Premium and Laura’s Shoppe CCAA/Chapter 15 matters.

Medium Term Noteholders (the largest creditor group at $1.4 billion) in the Yellow Media CBCA capital restructuring, as Quebec counsel.

U.S. Official Committee of Unsecured Creditors in the Quebecor World CCAA/Chapter 11 matter, as Quebec counsel.

Most major Canadian airport authorities in the CCAA matter and subsequent liquidation of Jetsgo, a Canadian airline.

Appellate Work (Supreme Court of Canada and Court of Appeal of Quebec)

Defendants in a lengthy and complex shareholders’ dispute where the amount at stake largely exceeded $100 million, and in which matter was granted one of the largest cost awards.

Intervening shareholder in the Supreme Court of Canada in the context of the contestation of the $35 billion leveraged buyout of BCE, involving inter alia the nature of the duties of corporate directors and the oppression remedy in Canada, as co-counsel.

Aéroports de Montréal in the landmark judgment of the Supreme Court of Canada on the nature, scope and extent of the seizure and detention rights of Canadian airport authorities.

Statoil Canada Ltd. in multi-party real estate litigation in an insolvency context in the Superior Court of Quebec and in the Court of Appeal of Quebec.

Canadian, Cross-Border and Multi-Jurisdictional Litigation

Represented one of Canada’s largest energy companies in Norwich proceedings in an inter-provincial context to obtain the disclosure of information identifying online wrongdoers.

A multinational inspection, product testing and certification company in major proceedings ($40 million) against an international oil trading company, as Canadian counsel.

One of the world’s largest manufacturers of machine-made carpets in a precedent-setting dispute which involved the United Nations Convention on Contracts for the International Sale of Goods, Quebec civil law, and Canadian insolvency law.

One of the world’s largest renewable energy firms in a dispute with a utility services provider.

Manulife in significant mortgage fraud litigation.

Bank liquidators in the multijurisdictional liquidation of Stanford International Bank and in multi-billion dollar litigation against a major financial institution, as Quebec counsel.

Private curator and then liquidator of an estate in connection with a dispute involving questionable transactions initiated by a third party.

General Dynamics Corporation in a litigation arising from an agreement of purchase of shares in the field of arms manufacturing.

Japanese multinational corporation in an injunction matter with cross-border implications in the field of industrial and energy equipment.

Domestic Arbitration

The prime contractor in a construction dispute with the Government of Nunavut under Northwest Territories arbitration law over the building of an airport runway.

A key counter-party in an ad hoc arbitration on the interpretation of natural gas supply contracts in an inter-provincial context.

A North American supplier in an ad hoc arbitration regarding distributorship agreements in a cross-border context.

International Arbitration

A major international businessman in an ICC arbitration over supply issues for his private jet. 

A foreign entity in an ICC arbitration over services provided in the international defence industry.

A California bank on issues relating to domestic and international arbitration.

Publications

Articles

News

Other Publications

Events

Langlois Knowledge

External Conferences

Others

Sought-after as a speaker, he has given numerous presentations, namely relating to arbitration and litigation, multi-jurisdictional insolvency files, legal developments in bankruptcy and insolvency, the United States Bankruptcy Code, and various aspects of cross-border files. He has also taught bankruptcy and insolvency at the Quebec Bar School.  Here is a sample of conferences:

2019 – Commentator on the governance of financially distressed enterprises at the 16th Annual Review of Insolvency Law

2016 – Presenter at the American Bankruptcy Institute’s Cross-Border Program, New York

2016 – Presenter at the Canadian Bar Association’s Insolvency Conference

2015 – Presenter at the Annual Convention of the Quebec Bar

2009 – Presenter at a Symposium of the Canadian Bar Association, Quebec Division, in cooperation with the Faculty of Law of McGill University, regarding the Supreme Court of Canada’s judgment in the BCE matter

Other Events

Gerry Apostolatos is the co-founder of the first Pan-Canadian Conference of the Canadian Bar Association on Insolvency and Restructuring Law held annually since 2005 and which he co-chaired for three consecutive years.

Gerry has acted as Chair of The Bar of Montreal Subcommittee on the development of a standard Anton Piller order. 

Involvement

Recent involvement in the legal profession

Co-Chair of McGill Law Class of 1988, which established a needs-based bursary for students.

Judge on the Selection Committee

The inaugural Canadian Law Awards (2020) which recognizes the nation’s leading law firms, in-house legal teams, individuals and landmark deals over the past year.

Lexpert Rising Stars Awards, Leading lawyers under 40 (2020)

Professional Associations

Former member of the Committee which developed the Guide of Best Practices in litigation matters for The Bar of Montreal 

Former Chair of the Insolvency Law Sections of the National and Quebec Divisions of the Canadian Bar Association

Former member of various committees of the Bankruptcy and Insolvency Section of the Canadian Bar Association on the amendments proposed by Justice Canada to the Bankruptcy and Insolvency Act and to the CCAA

Participation in public consultations on the second series of proposed legislative amendments concerning the harmonization of federal law with the civil law of the Province of Quebec, in the area of bankruptcy and insolvency

Former President and Chair of the Executive Committee – Hellenic Board of Trade of Metropolitan Montreal

Canadian Bar Association

American Bankruptcy Institute

INSOL International

Turnaround Management Association

Participation in the Panorama project of the Quebec Bar, which consists in work in connection with the recruitment, retention and advancement of lawyers from ethnocultural groups within in-house litigation departments and firms in Quebec

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