Davies

Michael H. Lubetsky

Michael Lubetsky is a partner in the Litigation and Taxation practices. His practice focuses on tax litigation, class actions, and appellate cases.

Prior to joining Davies, Michael worked as a researcher with an investment company in Japan, and then as an officer in the Canadian Foreign Service, serving in Haiti, the Dominican Republic and China.

Representative Work

  • Acted successfully on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart before the Supreme Court of Canada in an appeal concerning the scope of the employer's right to cease operations, even where the alleged reason for the business closure was the employer's unwillingness to deal with a union that had recently obtained certification of the workplace. The majority of the Supreme Court held that although anti-union animus could, in principle, constitute the basis for awarding compensation under the unfair labour practice provisions of the Québec Labour Code, the wrongful dismissal provisions assumed the continued existence of a workplace.

  • Acting for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price-fixing and related class actions. Davies has succeeded in obtaining a stay of the criminal proceedings against its client based on a breach of its constitutional rights. In the class action proceedings, Davies has obtained leave to appeal to the Supreme Court of Canada on an important question related to the use of wiretap evidence.

  • Acting for Agence métropolitaine de transport (AMT) in defence to a multi-million dollar class action instituted on behalf of train users as a result of alleged delays in the train service on two of AMT's train lines.

  • Acted successfully for The Globe and Mail in its appeal to the Supreme Court of Canada involving the boundaries of freedom of expression and more particularly, the extent of the protection of confidentiality of journalistic sources and the availability of publication bans to protect confidential communications.

  • Acted for The Montréal Expos in their challenge of Québec tax assessments for employer contributions to the Québec Health Services Fund (before the Court of Québec).

  • Acted for U.S.-based private equity firm Mill Road Capital, L.P. in its successful "white knight" bid for Cossette Inc. for approximately $134 million.

  • Acted for Hydro-Québec in connection with its $4.75-billion proposed acquisition of substantially all of the assets of New Brunswick Power and that of its affiliates, including hydroelectric, combustion and nuclear facilities.

  • Acted for Véolia Transdev Québec Inc. and Véolia Transdev Canada Inc. against Richard Auger in connection with a dispute arising from the purchase and sale of a group of transportation companies and a balance on the purchase price.

  • Acted successfully for André Drouin, a taxpayer who purchased a franchise in a software development company, in connection with his appeal before the Tax Court of Canada against a Canada Revenue Agency assessment denying all deductions related to his franchise. The appeal serves as a de facto representative case for approximately 300 other investors who are contesting potentially hundreds of millions of dollars in tax deductions.

  • Acted for the family of a 7-year-old child in a groundbreaking paternity case involving assisted procreation.

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Recognition

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Professional Affiliations

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Québec Bar

Canadian Bar Association

Canadian Tax Foundation

Board Memberships

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Community Involvement

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Teaching Engagements

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  • Advanced Commercial Law (Legal Writing in English), Université de Montréal (2008, 2009, 2010 and 2011).
  • Introduction to Western Legal Systems, Université de Montréal (2008, 2010 and 2011).

Speaking Engagements

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Articles and Publications

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Michael has published on a variety of legal topics in publications such as the Osgoode Hall Law Review and Transnational Law and Contemporary Problems. Articles which is has authored or co-authored include:

  • "Categorically Different: Unintended Consequences of Trust Taxonomy" (2013) The Worlds of the Trust (Cambridge University Press)
  • "The Power to Audit Is the Power to Destroy: Judicial Supervision of the Exercise of Audit Powers" (with Guy Du Pont), Canadian Tax Journal (2013) 61 supp.
  • "Losing Interest: Financial Alchemy in Islamic, Talmudic & Western Law" (2010) 19:1 Transnational Law & Contemporary Problems 
  • "Adding Epicycles: The Inconsistent Use Test in Adverse Possession Law" (2009) 47 Osgoode Hall Law Journal 497
  • "Cultural Difference and Corporate Governance (2008) 17:1 Transnational Law & Contemporary Problems
  • "Reopening the Langlier-Mignault Debate on Unauthorized Transactions Involving a Minor's Property" (2009) 39 Revue générale de droit
  • "Appealing Outcomes: A Study of the Overturn Rate of Canada's Appellate Courts" (2009) 47 Osgoode Hall Law Journal 139

Michael has also authored or co-authored a number of textbooks on the art of debate, and co-wrote a weekly column in the Daily Yomiuri newspaper on the same topic.

Michael Lubetsky
Michael H. Lubetsky
Partner
Office:
Montréal
Tel:
514.841.6476
Email:
mlubetsky@dwpv.com
Bar Admissions:

Ontario, 2012

Québec, 2009

Education:

McGill University, M.B.A. (Finance concentration), 2008 (Dean's Medal for Great Distinction)

McGill University, LL.B./B.C.L. (with Great Distinction), 2008 (Elizabeth Torrance Gold Medal)

Princeton University, A.B. (Religion) cum laude, 1993