Lawyer, Partner - Montréal
Lawyer, Partner - Montréal
Gerry Apostolatos is a litigation partner at the Montréal office of Langlois lawyers. He is recognized for his expertise in governance, ethics and strategy. He is the immediate past co-Chair of the firm’s Board of Directors.
He has over 25 years of trial and appellate experience, regularly appearing before a range of tribunals, arbitral bodies and courts in complex high-stakes disputes, including in the context of class action proceedings.
For example, Gerry acted as co-counsel for an intervening shareholder in the BCE matter (often qualified as the most important piece of commercial litigation in Canadian history from a financial perspective) before the Supreme Court of Canada.
Gerry is also a leading specialist in the area of insolvency and financial restructuring, and has advised a multitude of stakeholders in this field. He has served the profession as National and Quebec Chair of the Insolvency Law Sections of the Canadian Bar Association.
He 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 Gerry’s 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 CBA.
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, his pro bono legal work and volunteering as a community soccer coach.
Gerry advises in various areas of the law in connection with numerous industries. For example, he recently represented international corporations in anti-corruption and compliance matters. As well, he frequently advises major technology corporations on compliance matters. Most of these engagements are confidential. Please find below a few examples of public engagements:
Counsel for Diesel in an injunction matter in the real estate sector
Counsel for several insurance corporations with a multitude of product liability claims in a CCAA matter
Counsel for several Canadian landlords in a pan-Canadian CCAA matter
Bloom Lake / Wabush
Co-counsel for key stakeholders in CCAA matters in the mining industry
Lac-Mégantic Train Derailment
Counsel for certain clients in the context of the class action and the CCAA proceedings
Counsel for the Montréal Auditor General in a BIA matter
White Birch Paper Company
Counsel for the Provisional Administrator of seven pension plans with a claim of approximately $400 million in a CCAA matter
Quebec counsel for the Medium Term Noteholders (the largest creditor group at $1.4 billion) in the Yellow Media CBCA capital restructuring
Stanford International Bank
Quebec counsel for the liquidators in the multijurisdictional liquidation of SIB and in significant litigation against a major financial institution
Special counsel for the union in the CCAA restructuring and liquidation of the pan-Canadian aircraft maintenance corporation
Counsel for Statoil Canada Ltd. in multi-party litigation at trial in the Superior Court of Quebec and in the Court of Appeal of Quebec
Remer v. Remer
Counsel for defendants in a lengthy and complex shareholders’ dispute where the amount at stake largely exceeded $100 million, and in which case he secured one of the largest cost awards ever granted by the courts in a similar matter (Remer v. Remer, 2013 QCCA 1803)
BCE in the Supreme Court of Canada
Co-counsel of an intervening shareholder in the Supreme Court of Canada in the context of the contestation of the $35 billion leveraged buyout of BCE (BCE Inc. v. 1976 Debentureholders, 2008 SCC 69)
Aéroports de Montréal in the Supreme Court of Canada
Counsel for 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 (Re Inter-Canadien (1991) Inc.  1 S.C.R. 865)
Counsel for most major Canadian airport authorities in the CCAA reorganisation and subsequent liquidation of Jetsgo, a Canadian airline
Counsel for an international aircraft stakeholder in arbitration governed by the rules of the International Chamber of Commerce (ICC)
Directors’ and Officers’ Liability
Counsel in several files concerning directors’ and officers’ liability claims in a variety of contexts (labour and employment, tax, environmental, etc.)
Kawasaki Rail Car, Inc.
Counsel for an international manufacturer of commuter train cars in various key matters with suppliers in Canada
Assisting counsel in connection with the preparation of a legal expertise in virtue of Quebec law filed in Ontario proceedings dealing with the interpretation of derivatives contracts
Counsel in a domestic arbitration matter dealing with the interpretation of natural gas supply contracts
General Dynamics Corp.
Counsel in litigation arising from an agreement of purchase of shares in the field of arms manufacturing
Lockheed Martin Canada
Quebec counsel in certain special matters
IHI, a Japanese multinational corporation
Counsel in an injunction matter in the field of industrial and energy equipment
Doctors Without Borders
Counsel and advisor in matters dealing with private international law
Quebecor World Inc.
Quebec counsel for the U.S. Official Committee of Unsecured Creditors in a CCAA matter
- 2017 – Balancing Act
- 2015 – Norwich Orders – Quebec Courts Unmask “Anonymous” Online Offenders
- 2013 – Purchasers in CCAA Court-Approved Asset Sales Remain Subject to the Jurisdiction of the Court Even After Closing
2017 – Coauthor of the article “Contracting with public bodies in Quebec”, Canadian Lawyer, November 6, 2017
2016 – Coauthor of the article “Contractual interpretation in the Quebec context”, Canadian Lawyer, October 31, 2016
2006 – Lawyers Weekly (Farley retirement will be felt by Bankruptcy Bar across Canada)
2006 – Lawyers Weekly (How does bankruptcy law address the breakdown of a “Ponzi” scheme)
2005 – Lawyers Weekly (SCC case settles debate about equitable set-off in Quebec)
2001 – International Insolvency Law Reform, National Insolvency Review (Canada)
- 2016 – Gerry Apostolatos gives a presentation at the American Bankruptcy Institute’s Cross-Border Program
- 2016 – Gerry Apostolatos Addresses the Canadian Bar Association Insolvency Conference
- 2015 – 2015 Annual Convention of the Quebec Bar
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.
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.
In 2009, he organized and gave a presentation 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 judgment in the BCE matter.
Canadian Forum on Civil Justice
Governor of the Quebec Bar Foundation
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
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 harmonisation 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
Turnaround Management Association
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
- Benchmark Litigation Canada 2020
- Benchmark Litigation Canada 2019
- Benchmark Canada 2018
- Benchmark Canada 2017
Recognized as an important member of the 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
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
Areas of Practice
- Anti-Corruption and Regulatory Crisis Intervention
- Bankruptcy, Insolvency & Restructuring
- Business Law
- Class Actions
- Commercial Litigation
- Construction Litigation
- Corporate Governance / Directors & Officers
- Directors & Officers Liability
- Litigation and Dispute Resolution
- Mergers & Acquisitions
- Private International Law
- Professional Liability
- Real Estate Litigation
- Regulatory Investigations