Julie Himo practises commercial litigation, with an emphasis on corporate restructurings, bankruptcy and insolvency, the realization of security interests, and corporate and securities matters. She has acted for many debtors, creditors, trustees in bankruptcy, and financial institutions in restructuring files and in litigation involving financial institutions. Ms. Himo also has considerable experience in oppression remedies, extraordinary remedies such as seizures and injunctions, as well as franchisor-franchisee disputes and directors and officers' liability. Ms. Himo is also regularly involved in multijurisdictional fraud cases that require financial assets and property to be traced, frozen, seized and secured, including fraud perpetrated by means of Ponzi schemes. She regularly represents clients before all the courts of Quebec, both at trial and on appeal.
Selected client work
Ms. Himo has acted for the following clients:
· Rio Tinto Alcan (as Canadian counsel) in connection with the sale of its Alcan Packaging Food Americas division to Bemis Company, Inc. for total consideration of US$1.2 billion
· The monitor in connection with the restructuring of Komunik Corporation and related entities
· The secured creditors in the restructuring of Attractions Hippiques
· A foreign representative pursuant to the Bankruptcy and Insolvency Act seeking recognition of its status in the matter of Stanford International Bank Ltd.
· Jetsgo Corporation Inc., a major Canadian airline, in its restructuring
· A party to major litigation (as lead counsel) involving the forced liquidation of an offshore company that had been used to defraud investors through a Ponzi scheme
· A major Canadian trust company in connection with the seizure of securities for which an offer to purchase had been made
· A company in voluntary liquidation in the successful dismissal of a motion for authorization to institute a class action against the directors and officers arising from the mass dismissal of the employees
Speaking engagements
· "Jurisprudence récente en droit des affaires et en droit fiscal" (co-presenter: Dominic Belley), 2010 Journée d'études fiscales, Aspects fiscaux et corporatifs du droit des affaires au Canada et à l'étranger, Canadian Tax Foundation/Canadian Bar Association, June 10, 2010.
· "Problèmes juridiques et principales démarches pouvant être entreprises face à des difficultés financières," Continuing education session, Ogilvy Renault, June 18, 2009.
· "Discussions quant aux impacts de la décision de la Cour suprême du Canada dans l'affaire de TCT Logistics Inc.," Canadian Bar Association, Quebec Branch, Insolvency and Bankruptcy section, February 22, 2007.
Memberships and activities
· Canadian Bar Association
- Co-Chair, Pan-Canadian Conference on Insolvency and Restructuring (2008 and 2009)
- Chair, Bankruptcy and Insolvency Section, Quebec Branch (2008-2009)
- Member of the Executive, National Bankruptcy and Insolvency Section (2008-2009)
- Member of the Executive, Bankruptcy and Insolvency Section, Quebec Branch (2006-2008 and 2009-2010)
- Member, Legislation and Law Reform Committee (2011-2012)
- Co-Chair, Subcommittee on the Reform of the Code of Civil Procedure (2011-2012)
· International Bar Association
- Committee J (Insolvency, Restructuring and Creditors' Rights)
· Liaison Committee of the Bar of Montreal with the Quebec Superior Court, Commercial Division (2008-2012)
· International Women's Insolvency and Restructuring Confederation (IWIRC)
· International Association of Restructuring, Insolvency and Bankruptcy Professionals (Insol International)
· Association of Québec Women in Finance
Related Publications
La Cour d'appel condamne une institution financière à des dommages et intérêts dans le cadre de l'exercice de droits hypothécaires
Dans une décision rendue dans l'affaire Matériaux Inter-Québec inc. c. Caisse populaire du Grand-Coteau, la Cour d'appel porte un regard critique sur la conduite d'un créancier hypothécaire, qualifiée d'intempestive, voire abusive.
13/07/2011
Shareholder seeks oppression remedy, ends up paying damages
On April 15, 2010, the Quebec Superior Court delivered its judgment in Brassard c. Forget. The Court applied the principles laid down by the Supreme Court in BCE in arriving at its decision to dismiss the oppression action. In the same judgment, the Court allowed the cross demand of the directors
09/06/2010