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The Montréal Expos |
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Acting for the Montréal Expos in their successful challenge of Québec health tax and training tax assessments related to the Expos' payroll for services rendered outside Québec by non-resident players. |
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2009 |
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The Canadian Chamber of Commerce |
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Acted for the Canadian Chamber of Commerce in an appeal concerning the right of employers to definitively close their establishment for any reason whatsoever. In the cases Plourde c. Compangnie Wal-Mart du Canada inc. and Johanne Desbiens, et autres c. Compagnie Wal-Mart du Canada Inc., the Supreme Court was called upon to define the scope of the employer's right to cease operations, even where the reason for the business closure was the employer's unwillingness to deal with a union. Davies intervened on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart's right to close a store in that had recently been unionized. Davies acted for the Canadian Chamber of Commerce in the intervention before the Supreme Court. |
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2009 |
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Pharmascience Inc. |
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The Quebec Court of Appeal upheld the judgment of the Superior Court in the case of Option Consommateurs v. Novopharm et al. by unanimously dismissing the appeal by a consumer advocacy group. The group had sought court authorization to proceed with a $3.9 billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system. Davies represented Pharmascience Inc., a major drug manufacturer. |
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2008 |
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Pharmascience |
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Represented Pharmascience before the Superior Court of Québec, the Québec Court of Appeal and the Supreme Court of Canada in proceedings against the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents. |
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2006 |
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Concordia University |
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Successfully represented Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees. |
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2006 |
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SONY BMG Music (Canada) Inc. |
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Successfully defended SONY BMG Music (Canada) Inc. in a class action based on alleged damages caused by music copy protection software contained in CDs. |
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2006 |
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Pharmascience Inc. |
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Defence of a generic drugs manufacturer against a multi-million dollars law suit filed by the Régie de l’assurance maladie du Québec for the reimbursement of alleged rebates paid to pharmacists (before the Superior Court of Québec). |
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2004 |
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Potash Corporation of Saskatchewan |
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Challenge to a tax assessment for mining expenses; involve the challenge of a provision of the Income Tax Act limiting the right of appeal of tax assessments for large corporation on the basis of the Canadian Bill of Rights (before the Tax Court of Canada |
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2004 |
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Pharmascience Inc. |
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Proceedings against the Régie de l’assurance maladie du Québec and the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents (before the Superior Court of Québec). |
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2004 |
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Pharmascience Inc. |
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Successfully represented Pharmascience in its defence of a multi-billion dollar class action filed against eight generic drug manufacturers for the reimbursement of alleged rebates paid to pharmacists and a challenge to the new provisions of the Québec Code of Civil Procedure relating to the authorization of class actions, based on the Québec Charter of Human Rights and Freedoms. |
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2004 |
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Action des Chrétiens pour l’abolition de la torture |
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Challenge of a notice to withdraw the charitable status of the organization issued under the Income Tax Act (before the Federal Court of Appeal). |
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2003 |
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Ernst & Young |
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Challenge to the constitutional validity of certain provisions of the Québec Tax Act (before the Court of Québec). |
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2003 |
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Future Electronics Inc. |
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Davies successfully challenged a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act (before the Superior Court and Court of Appeal of Québec and the Supreme Court of Canada). |
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2001 |
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Ludco Enterprises Ltd. |
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Acted for Ludco Enterprises Ltd. in its successful challenge of federal income tax assessments in relation to the issue of deductibility of interest on borrowed money used to purchase shares (before the Tax Court of Canada, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada). |
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2001 |
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Abitibi-Consolidated Inc. |
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Acquisition of Donohue Inc. by Abitibi-Consolidated Inc. ($7.1 billion) and related Competition Act proceedings. |
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2001 |
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