Representative Mandates

Insurance and liability

Insurance

  • Representing insurers in Wellington-type actions.
  • Legal opinions on the interpretation of insurance policies and complex insurance coverage issues.
  • Representing an insurer in a multimillion-dollar recovery lawsuit brought against government and municipal authorities for damages suffered by numerous property owners following the breach of the levee in the city of Sainte-Marthe-sur-le-Lac.
  • Representing an insurer before the Superior Court and the Court of Appeal in a recovery of nearly $1 million following the spill of 16,000 litres of gasoline into the environment (Axa Assurances inc. c. Assurances générales des Caisses Desjardins, 2009 QCCS 862; 2011 QCCA 584).

Civil Liability

  • Representing an educational institution in an action for bodily injury arising out of the practice of a sport.
  • Mandate of a public body to conduct a factual investigation into an event causing bodily injury to several members of an institution.

Manufacturer’s Liability

  • Represented Godin Guitars before the Superior Court and the Court of Appeal in a multimillion-dollar latent defects lawsuit against a glue manufacturer (Multibond inc. c. Lasido inc., 2017 QCCA 1835).
  • Represented Ouellet Canada before the Superior Court in a multimillion-dollar lawsuit following allegations of latent defects (Intact Assurances c. CCI Thermal Technologies Inc., 2019 QCCS 4959).

Liability of Construction Stakeholders

  • Representing, both before the Superior Court and the Court of Appeal, companies specializing in formwork in one of the largest cases of latent defects in the history of Quebec, in proceedings alleging the presence of pyrrhotite in several hundred residential properties and several commercial buildings in the area of Trois-Rivières, Quebec (SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Groupe immobilier Chaîné inc. 2020 QCCA 539).
  • Responsibility of architects and engineers for budget estimates of different classes.
  • Defence to a lawsuit for reimbursement of change orders issued by a multidisciplinary team of Canadian and foreign professionals.
  • Architectural consortium liability on major projects.
  • Representation of several architectural firms in separate lawsuits related to the specification of a defective product and lawsuits against foreign manufacturers.

Construction law

Delay and Cost Impact Claims

  • Acted for a public body in defence of several claims, including a $36M claim in connection with a major infrastructure project.
  • Long-term trial for construction professionals in the face of a claim by the contractor ($9M) in excess of the amount of its contract ($7M).
  • Representation of clients in arbitrations for significant and complex claims in the context of PPP contracts ($23M and $6.2M).
  • Representation of a specialized contractor in two arbitrations in connection with accelerated work during the shutdown period of an ore production plant, for electricity and piping.
  • Representation of a subcontractor against the general contractor for underwater work; productivity calculations for divers according to the type of underwater work.
  • Litigation on the limitation period applicable to a general contractor’s delay and impact cost claim.
  • Defence of a reputable firm of professionals against a delay claim regarding the design period of an international project.

Complex Technical Deficiencies 

  • Chemical Engineering: Defending an engineering firm faced with a problem of sudden corrosion of a chimney stack of a new waste incineration plant due to a complex chemical phenomenon; litigation with numerous parties, including a surety in liquidation.
  • Hydraulic Engineering: Defending a major engineering firm in connection with a pumping station that was backing up and creating flooding in a residential neighbourhood due to the effect of tides on the overflow structure.
  • Structure: Defending a major engineering firm in a dispute concerning a major, emblematic prototype structure with unusual requirements; extensive expertise.
  • Underwater works: Representation of an underwater works company for the repair of wharves in the Port of Montreal.
  • Architecture: Representation of the largest architectural firms in Quebec in numerous disputes concerning, among other things, the envelope of emblematic historic buildings, hospitals and universities.

Labour and employment law, human rights, administrative law and health law

Occupational Health and Safety (CNESST)

  • Representing employers before administrative tribunals and arbitration tribunals in matters of labour relations and occupational health and safety.

Labour Relations

  • Representing a major association of public service professionals in labour relations matters, including the committee responsible for determining compensation.
  • Advise and represent, on a regular basis, major companies and public bodies in matters of labour relations, particularly in unionized environments.
  • Representations before the Administrative Labour Tribunal on behalf of the employer in applications for certification (Syndicat de travailleuses et travailleurs de MultiBar-CSN c. Les Aliments MultiBar Inc., 2017 QCTAT 4303, CM-2017-3457).
  • Negotiation of first and/or renewal of collective agreements for a multinational/American company in the food manufacturing sector with two large manufacturing plants in Quebec.

Psychological harassment and human rights

  • Mandate of a public body to conduct a psychological harassment investigation.

Health Law

  • Representing before the Court of Appeal a physician who had been refused a specialist’s certificate, on appeal from a judicial review (Langlais c. Collège des médecins du Québec, 2020 QCCA 134).
  • Representing and advising physicians on the rules applicable to the supervision of their practice in institutions and in private practice.