Roger P. Simard LL.L., Partner

Roger P. Simard acts on behalf of restructuring corporations, financial institutions, receivers, trustees in bankruptcy, purchasers of distressed assets and unsecured creditors. He frequently acts in local, national and international insolvencies. He became a member of the Insolvency Institute of Canada in 1998. He was a member of the Bar of Montreal’s Liaison Committee with the Bankruptcy Registrar between 1985 and 1998. In 1993, he was a member of the Oral Examination Committee for the licensing of bankruptcy trustees in Quebec. Between 1996 and 1998, he was President of the Bankruptcy and Insolvency section of the Quebec Division of the Canadian Bar Association and he has sat on the executive committee of this section since its inception.

Roger has published many articles on bankruptcy, insolvency, restructuring and commercial credit. He has given a number of presentations at conferences for various associations and organizations such as the Canadian Insolvency Practitioners Association, Insight, the Canadian Institute, the Quebec Fiscal and Financial Planning Association, Industry Canada (Bankruptcy), the Institute of Canadian Bankers, the Canadian Bar Association, McGill University, the University of British Columbia, the Insolvency Institute of Canada and the Québec Bar. From 1998 to 1999, he took part in training sessions organized by the Superintendent of Bankruptcy, and studied in depth the impact of the Bankruptcy and Insolvency Act on tax claims and on landlords' rights.

Roger has been involved in numerous court cases involving insolvency matters including the sale of distressed assets, the validity of security, and conflicts of priority between secured lenders and other creditors. He has also advised several manufacturers, suppliers, landlords, guarantors and directors in connection with their obligations and the protection of their rights in bankruptcy and insolvency-related matters.

Roger joined Fraser Milner Casgrain LLP in 2000 and he is a partner.

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He has expertise in the following fields:

  • Representation of financial institutions, corporations, trustees and creditors in commercial reorganizations and local, national and international bankruptcies
  • Bank security realizations
  • Commercial reorganizations and bankruptcies
  • Drafting and reviewing bank and commercial security documents
  • Exercise of hypothecary rights
  • Collection of commercial accounts
  • Asset protection planning
  • Exemption of annuities and insurance from seizure
  • Commercial litigation
  • Appearance before civil and bankruptcy courts at first instance and at appeals
Representative Work
Counsel to AVEOS Fleet Performance Inc. in connection with its CCAA proceedings
Represented Cogeco Cable in connection with the acquisition of Cable Satisfaction International Inc.’s assets sold by the monitor pursuant to an arrangement
Represented a potential buyer in connection with TQS Inc.’s arrangement
Representation of the trustee in the bankruptcy of E.T.I. Experts en Traitement de l’Informatique in a litigation regarding an arbitration provision up to the Supreme Court of Canada
Publications
Prior Speaking Engagements
“Château d’Amos; municipal taxes the party is over”, with Mr. Denis St-Onge; Insolvency Institute of Canada; October 2000 (lecturer)
“Les amendements récents à la Loi sur la faillite et l’insolvabilité et à la Loi de l’impôt sur le revenu”, Association Québécoise des Professionnels de l’insolvabilité, May 2000 (lecturer)
“Colloque sur les réclamations des ministères du Revenu”, Association Québécoise des professionnels de l’insolvabilité, April 1999 (lecturer)
“Les fiducies présumées et les réclamations de biens des ministères”, Canadian Bar Association, Quebec, February 1999 (lecturer)
“Les Droits Respectifs des Créanciers et des Débiteurs en cas de faillite et d’insolvabilité”, Association Québécoise de la Franchise, with Ms. Solange Tremblay, trustee, March 1993 (lecturer)
“Les créanciers garantis et non garantis et la Loi sur la faillite et l’insolvabilité”, with Mr. Louis Gouin, Canadian Bar Association, Quebec Division, Business Law Section September 1992 (lecturer)
Contact Information
Montréal
+1 514 878 5834
roger.simard@fmc-law.com
Year of Call
1980 (Quebec)
Education
Québec Bar School, 1980
Université de Montréal, LL.L., 1979
Collège Edouard Montpetit, 1976
Languages Spoken
English
French