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Bogdan-AlexandruDobrota

Bogdan-Alexandru
Dobrota

Member of the Quebec Bar since 2011

Languages: English, French, Romanian, Spanish

Bogdan-Alexandru (Alex) Dobrota is a partner whose practice focuses on complex commercial cases, cross-border disputes, insolvency matters (domestic and international) and international arbitration. He has extensive experience pleading before all levels of Quebec courts and participating in commercial arbitrations with strategic and/or reputational risks for Canadian and foreign companies in Quebec. He has successfully represented clients in the context of litigations arising from shareholder disputes, construction and mining projects, international sale of goods and service agreements, product liability and defamation.

Alex’s publications and reference works - including a chapter in Halsbury’s Laws of Canada on bankruptcy assets and order of distribution - are widely cited by the courts. A McGill University graduate, he maintains strong ties with his alma mater as a lecturer and guest lecturer in several courses, notably the Civil Litigation Workshop.

Prior to practicing law, he wrote for a national newspaper as a parliamentary and foreign correspondent.

Recent distinctions (2020) 

       

// REPRESENTATIVE MANDATES

Insolvency and Restructuring

Acted for the bondholders of Nemaska Lithium Inc., which had issued US$350M of secured bonds. The company filed arrangement proceedings under the CBCA and then under the CCAA. A settlement was reached whereby the bondholders received the face amount of the bonds plus accrued interest and a lump sum payment.

Acting for the trustee in bankruptcy of the Knightsbridge Group, the largest developer of LEED-certified residential projects in Quebec.

Acted for the court-appointed monitor in the cross-border insolvency restructuring proceedings relative to Montreal Maine & Atlantic Railway’s train derailment resulting in thousands of claims in excess of $1B.

Represented financial institutions and other lenders in debt collection cases involving insolvent debtors.

Represented a number of insolvent companies in restructuring files.

Represented numerous prominent creditors in Quebec insolvency proceedings with a cross-border component.

Litigation

Obtained a settlement for an automobile parts manufacturer in a $55M class action for unfair competition and price-fixing.

Acted for a multinational mining company and obtained an interlocutory injunction against an Alberta-based service provider and a $1.2M award in damages on the merits.

Acts for a multinational mining company in the context of a claim in excess of $10M brought against service and equipment providers.

Successfully defended a professional liability suit against Lippman Leebosh April LLP and obtained the dismissal of the claim brought against the auditors in the context of a corporate take-over transaction.

Acts for Rothmans, Benson & Hedges Inc. in defense of a $60B claim by the Government of Quebec against various tobacco manufacturers.

Domestic and International Arbitration

Represented an international mining company in mediation and arbitration with its supplier in connection with a mining rail network.

Successfully represented pop artist Justin Bieber before the Superior Court of Quebec, in the context of an international arbitration-related dispute with an event promoter.

Assistant to the Tribunal (ICSID) in the case of Amlyn Holding B.V. v. the Republic of Croatia.

Assistant to the Tribunal (ICSID) in InfraRed Environmental Infrastructure GP Ltd. et al. v. Kingdom of Spain.

Assistant to the Tribunal (ICDR) in an oil and gas multi-million-dollar arbitration dispute.

// DISTINCTIONS

Recognized as a leading litigator:

  • Lawyer of the Year in Civil and Commercial Litigation, Young Bar of Montreal's (JBM) "Leaders of Tomorrow" Gala (2019)
  • Benchmark Litigation in Canada as a Future Star in 2019 and 2020
  • Benchmark Litigation in the 2020 Benchmark 40 and Under Hot List
  • The Best Lawyers in Canada (2021) - corporate and commercial litigation and insolvency law and financial restructuring

// EDUCATION

2010        McGill University, Faculty of Law
B.C.L./LL.B.
2007-2010 : McGill University, Faculty of Law, Valedictorian (2010-2011)
Dean’s honour list
Osler, Hoskin & Harcourt Prize in corporate and commercial law
Osgoode Society Legal History Book Prize
Second prize, legal writing contest of the Chair of Notaries of the University of Montreal, awarded by DeGrandpré Joli-Coeur LLP

2006        Concordia University, Faculty of Arts
Bachelor in Journalism and Political Sciences

// PROFESSIONAL ACTIVITIES AND ASSOCIATIONS

PROFESSIONAL ACTIVITIES

McGill University, Faculty of Law, Co-lecturer of the “Civil Litigation Workshop"
McGill University, Faculty of Law, coach of the moot team participating at the Willem C. Vis International Arbitration Moot Competition
McGill University, Faculty of Engineering, guest lecturer for a course on bankruptcy and insolvency.
Teaching assistant to Professors Alain N. Tardif and Philippe H. Bélanger at the University of Montreal, Faculty of Law, bankruptcy and insolvency course

ASSOCIATIONS

Quebec Bar
Governor of the Future of the Quebec Bar Foundation
Canadian Bar Association
Montreal Young Bar Association

// PUBLICATIONS AND CONFERENCES

Publications

Annual Review – Commercial Arbitration 2017: Canada”, Bogdan-Alexandru Dobrota in Financial Worldwide, 2017;

In re : Montreal, Maine & Atlantic Canada Co., or the CCAA Filing that almost never was”, Bogdan-Alexandru Dobrota, Sylvain A. Vauclair and Patrice Benoit in Rebuilding Success, 2014;

Constitutionality of National Opt-out Class Actions – Quo Vadis”, Bogdan-Alexandru Dobrota and James A. Woods (Corporate Litigation, Vol. XII, No.1), 2013;

Property of the Bankrupt and Order of Distribution”, co-authored with Philippe H. Bélanger, in Halsbury's Laws of Canada, Bankruptcy and Insolvency, 2012;

La faillite et l'insolvabilité, co-authored with Philippe H. Bélanger and Jocelyn T. Perreault in Collection de Droit du Barreau du Québec, 2011;

Le Recours collectif et son impact transformateur sur le monde juridique, politique et social”, co-authored with Sean Finn in Recours Singulier et Collectif, Editions Yvon Biais, Montreal, 2011;

Protection des employés ou salariés et conventions collectives”, co-authored with Philippe H. Bélanger in Jurisclasseur - Faillite, insolvabilité et restructuration, LexisNexis, Montreal, 2010;

Assemblée des créanciers et inspecteurs”, co-authored with Alain N. Tardif in Jurisclasseur - Faillite, insolvabilité et restructuration, LexisNexis, Montreal, 2010.

 

Conferences

The arbitrability of shareholder disputes”, conference presented at the Winter Seminar, Union Internationale des Avocats, March 2016;

Recent Challenges in Cross-Border Insolvency”, conference presented at the 43rd Annual Workshop on Commercial and Consumer Laws, McGill University, 2013;

Le Traitement des reclamations non-liquidées ou éventuelles en context de faillite, proposition ou restructuration en vertu de la LACC,” conference presented to Woods LLP within the context of the Quebec Bar Continuing Education Program, 2013;

Les Bases de la faillite de de l’insolvabilité au Canada” – co-authored with Alain N. Tardif -Two-part conference given as part of the continuing legal education program of the Quebec Bar Association.