A determined and skilled litigator, Jean-Philippe acts for a highly diversified range of public sector clients.
Jean-Philippe dedicates a significant portion of his practice to defending clients in class action suits and white collar crime prosecutions, and to launching judicial reviews. He has an excellent track record of success at all level of courts across a range of issues, including alleged breach of consumer protection legislation and constitutional challenges.
Jean-Philippe is a member of the board of directors of Health and Education Now!, an organization involved in community development in Benin and Cameroon. He is also a member of our Montréal Student Committee.
Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc.
Acting for Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc. in defence of various class actions instituted on behalf of consumers alleging that the sale of additional warranties breaches the provisions of the Consumer Protection Act.
Acted successfully 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.
Société des casinos du Québec
Acting for the Société des casinos du Québec in connection with two class actions regarding electronic banking fees charged on certain transactions made in Loto-Québec's casinos.
McInnis Cement Inc.
Acted for McInnis Cement Inc. in defence of a motion to quash a permit issued by the Minister of Environment allowing McInnis to move forward with its project to build a $1 billion state-of-the-art cement plant in Port-Daniel, Gaspésie.
Acted successfully for 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.
Société de transport de Montréal (STM)
Acted successfully for the Société de transport de Montréal in a dispute with Bombardier Transport Canada Inc. and Alstom Canada Inc. concerning the $1.2-billion contract for the renewal of the cars of the Montréal subway. The Superior Court of Québec granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.
Canadian Civil Liberties Association
Acted on a pro bono basis for the Canadian Civil Liberties Association as intervener in S.L. v. Commission scolaire des Chênes, in which the Supreme Court of Canada had to decide the circumstances under which parents may request that their children be excused from attending mandatory classes on the basis that they interfere with their freedom of religion.
Canadian Civil Liberties Association
Acted on a pro bono basis for the Canadian Civil Liberties Association as intervener in Loyola High School v. Attorney General of Quebec, 2015 SCC 12, where the Supreme Court of Canada had to determine, in the context of a mandatory pedagogical program, the proper balance between the objectives of promoting tolerance and respect for difference, on the one hand, and the religious freedom of the members of a particular community, on the other hand. The Supreme Court of Canada unanimously adopted the position advocated by the CCLA on the collective aspects of freedom of religion.
Acting for proposed class representative René Allard in a class action proceeding regarding constitutional damages against the government of Québec on behalf of retired members of Québec's public and parapublic sectors' management personnel, as well as their spouses, whose retirement pension indexing was unilaterally suspended and retrospectively modified by a statute adopted by the Québec National Assembly.
Fédération des médecins spécialistes du Québec
Acted for the Fédération des médecins spécialistes du Québec (FMSQ) in defence of a class action relating to fees charged to patients. The group representatives allege that the FMSQ prompted its members to charge certain fees to insured patients in violation of the Health Insurance Act.
Canada’s Top Court Provides Crucial Guidance on the Conduct of Insolvency Proceedings
May 08, 2020 - The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020. Davies represented the principal – and successful – appellants in this matter. 1 In its...
In the News
Jean-Philippe Groleau Speaks to La Presse on Tracing Individuals with COVID-19
May 07, 2020 - With Ottawa and some provincial governments considering a national strategy to track Canadians infected with COVID-19 using geolocation technology, La Presse featured Jean-Philippe Groleau for his insights on the legal and constitutional questions that such a strategy might raise. In the...
Canada’s Top Court Releases Precedent-Setting Decision on Litigation Funding and a Court’s Discretion in Restructuring Process
Jan. 28, 2020 - The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The...
New Beacons of Administrative Law: Top Court Reviews the Approach to Judicial Review of Administrative Decisions
Jan. 14, 2020 - The Supreme Court of Canada (SCC) recently rendered its much-awaited decisions in Canada (Minister of Citizenship and Immigration) v Vavilov and companion appeals. Upon granting leave to appeal, the SCC had announced that these appeals would “provide an opportunity to consider the nature...
Québec Superior Court Enforces Right to Collective Bargaining of State Employees
Oct. 08, 2019 - The Québec Superior Court (QSC) recently struck down as unconstitutional back-to-work legislation (Bill 127 1 ) aimed at the Québec government’s advocates and notaries. The decision, released on September 18, 2019, builds on the recent case law of the Supreme Court of Canada which declared that...
Québec Court of Appeal Says Current Civil Jurisdiction of the Court of Québec Is Unconstitutional
Sept. 17, 2019 - A seven-member panel of the Québec Court of Appeal (QCA) recently rendered an important decision regarding the civil and administrative jurisdiction of the Court of Québec (CQ), a provincial court. The decision follows a reference submitted to the QCA by the Québec government in the wake of a...
“Les honoraires en demande en matière d’actions collectives : comment éviter de jouer à l’apprenti-sorcier en vue de moduler le comportement des avocats”, co-author
May 03, 2019 - Recent Developments in Québec, Canada and the United States, Vol. 455 (National Conference on Class Actions)
Read this article (in French).
Osgoode Professional Development, 16th National Symposium on Class Actions, “Case Study: The Biggest Case You’ve Never Heard Of”; Toronto, ON
Apr. 04, 2019
Barreau du Québec, National Conference on Class Actions, “Legal Issues Related to Multi-Jurisdictional Class Actions”; Montréal, QC
Mar. 22, 2019
Amendments to English Signage Requirements in Québec
Dec. 01, 2016 - On November 24, 2016, the Regulation to amend the Regulation respecting the language of commerce and business (Rules) came into force. The Rules come in the wake of Québec (Procureure générale) v Magasins Best Buy ltée. In Best Buy, the Québec Court of Appeal ruled that...
Litigation Counsel of America—Fellow
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star)
Benchmark Canada Impact Case of the Year Award (2020)—Recipient
The Legal 500 Canada—Dispute Resolution: Québec (Next Generation Partner)
Lexpert Special Edition: Litigation
The Canadian Legal Lexpert Directory—Class Actions; Litigation: Corporate Commercial
Lexpert Rising Stars: Leading Lawyers Under 40
The Best Lawyers in Canada—Alternative Dispute Resolution; Appellate Practice; Class Action Litigation; Corporate and Commercial Litigation; Defamation and Media Law
Young Bar Association of Montréal—Civil and Commercial Litigation (Lawyer of the Year Award 2013)
ARISTA Provincial Competition—Young Professional Category (Finalist 2014)