Marc-André Boutin is a partner in the Litigation, Environmental and Competition & Foreign Investment Review practices. He is a member of the firm’s Knowledge Management Committee.
Marc-André’s practice focuses on commercial and contractual disputes, environmental litigation and class actions. It also includes construction disputes, commercial arbitration and insolvency.
Marc-André has experience at both trial and appellate levels, including the Supreme Court of Canada, the Québec Court of Appeal and the Federal Court of Appeal. During his studies, he articled with Mr. Justice Joseph Nuss of the Québec Court of Appeal.
Representative Work
- Representing the Agence métropolitaine de transport in its defence to a proposed class action valued by the putative class representative at over $60 million.
- Represented the Québec Business Council on the Environment in connection with its intervention before the Supreme Court of Canada in St Lawrence Cement, the first environmental class action case emanating from Québec which the Supreme Court agreed to hear since the inception of the class action regime in the province.
- Represented Domfer Metal Powders Ltd. in its successful application for leave to appeal to the Supreme Court of Canada in a companion case to St. Lawrence Cement involving a multi-million dollar environmental class action.
- Representing Université du Québec à Montréal with respect to the litigation issues relating to the Îlot Voyageur project.
- Representing General Woods & Veneers in connection with an environmental class action instituted against it by a group of citizens claiming in excess of $17 million in damages and in relation to injunctive proceedings brought by the City of Longueuil in relation to alleged environmental annoyances.
- Acted on behalf of Cinar Corporation in significant litigation in Canada and elsewhere involving the recovery of in excess of $100 million in relation to certain unauthorized transactions effected by past directors and officers of the corporation. This litigation also involved multi-jurisdictional safeguard, enforcement and liquidation proceedings.
- Acting for Barrick Gold Corporation in its action against Les Éditions Écosociété Inc. in a compensatory, moral and punitive damages claim in the amount of $6 million.
- Acted for Pharmascience in Pharmascience v. Binet, a landmark case dealing with the public authorities’ power of investigation which was decided by the Supreme Court in 2006.
- Acted on behalf of Ernst & Young Orenda Corporate Finance Inc., appointed as trustee to conduct a divestiture of a business pursuant to a Consent Order issued by the Competition Tribunal. Also acted on behalf of the Trustee in contested proceedings before the Competition Tribunal in respect of that Order.
- Represented a large edge-banding manufacturer in relation to indemnification issues stemming for the purchase and sale of manufacturing facilities and in relation to statements of offence issued by the Communauté métropolitaine de Montréal with respect to organic compounds emissions.
- Acted for Future Electronics Inc. in the successful challenge of a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act.
- Acted for the Caisse de dépôt et placement du Québec in the successful representation in its litigation relating to its successful takeover bid for Vidéotron Ltd., a major Québec cable company.
Speaking EngagementsMarc-André has spoken at numerous conferences on a variety of subjects, including:
- April 2, 2009 – 6th National Symposium on Class Actions – Toronto – Environmental Class Actions: Has the Supreme Court of Canada Opened the Door Wider?
- April 30, 2009 – Symposium of the Young Bar Association of Montréal – Montréal – Recent Developments of Interest for Corporate Law Practitioners.
- April 30, 2009 – Symposium of the Young Bar Association of Montréal – Montréal – Recent Developments of Interest for Corporate Law Practitioners: Environmental Liability in the Aftermath of St-Lawrence Cement.
- May 22, 2009 – Air & Waste Management Association – Montréal – Ciment du St-Laurent: responsabilité pour émissions atmosphériques.
- June 5, 2009 – Canadian Institute – Montréal – Governmental and Municipal Liability – Risk Management to Prevent and Defend Against an Increase of Lawsuits and Claims.
- October 8, 2009 – Davies Academy – Montréal – Recent Developments in Environmental Class Actions in Québec.
- November 28, 2008 - Insight Conference – Montréal – Environmental Class Actions in Québec: Understanding the New Issues to Better Protect Your Business.
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