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.

Brault & Martineau Inc.

Acted successfully for Brault & Martineau Inc. in defence of a class action instituted on behalf of consumers who purchased goods with financing that was alleged to breach the provisions of the Consumer Protection Act.

Confidential Client

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.

Concordia University

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.

Corus Entertainment Inc.

Acted successfully for Corus Entertainment Inc. before the Federal Court of Appeal in connection with a third party's challenge of a CRTC decision approving the sale of certain Québec radio stations from Corus to Cogeco Inc.

Talisman Energy Inc.

Acted for Talisman Energy Inc. representing its interests in dealings with governmental authorities in connection with the legislative, regulatory and tax framework for shale gas exploration and exploitation.

The Honourable Morris J. Fish - Third Independent Review of the National Defence Act

Acted as counsel to the Honourable Morris J. Fish, former Justice of the Supreme Court of Canada and Jurist in Residence at Davies, in the preparation and drafting of his report to the Minister of National Defence on specified provisions of the National Defence Act and their operation. The 400-page report delivered on June 1, 2021 includes 107 wide-ranging recommendations, a majority of which address the military justice system, including the independence of its actors, the handling of sexual misconduct allegations, military policing and police oversight. The remainder of the recommendations relate to military grievances and to the independent review process. Upon tabling of the report in Parliament, the Department of National Defence described the review as "the most comprehensive independent review and far-reaching examination of the military justice system since the reviews led by the former Chief Justice of Canada, Brian Dickson, in the late 1990s".

Brault & Martineau Inc. and Ameublement Tanguay Inc.

Acting for Brault & Martineau Inc. and Ameublements Tanguay Inc. in defence of a class action instituted against large retailers in Québec claiming that their advertisement informing of the availability of consumer credit contravenes the provisions of the Consumer Protection Act and the Regulation respecting the Application of the Consumer Protection Act.

René Allard, on behalf of retired management personnel of the Government of Québec and their spouses

Acting for 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. The class action was authorized by the Québec Court of Appeal.

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.

Canadian Malartic GP

Acting for Canadian Malartic GP, an impleaded party in an application for judicial review to obtain the annulment of a governmental decree.

Association québécoise des pharmaciens propriétaires

Acting for the Association québécoise des pharmaciens propriétaires in its constitutional challenge of section 22.6 of the Health Insurance Act.

Association québécoise des pharmaciens propriétaires

Acting for the Association québécoise des pharmaciens propriétaires in a motion for leave to intervene produced in favour of an application for leave to appeal to the Supreme Court of Canada.

Healthcare Professionals

Acting for healthcare professionals in an investigation by a Québec governmental body into the practices of the medical products manufacturing industry. The investigation could give rise to administrative, civil, disciplinary and criminal prosecutions.

Confidential Clients

Acting on behalf of confidential clients against various media outlets in court proceedings in the context of the Public Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (Charbonneau Commission) to obtain a publication ban on ITOs supporting several warrants.

Confidential Clients

Acted on behalf of various confidential clients regarding the investigation by the Public Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (Charbonneau Commission).

Confidential Clients

Acting on behalf of various confidential clients regarding investigations by the Québec Permanent Anti-Corruption Unit.

Bluberi Group Inc.

Successfully acted for 9354-9186 Québec Inc. and 9354-9178 Québec Inc. (formerly known as Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) with regards to (i) appellate proceedings before the Supreme Court of Canada and (ii) their restructuring efforts under the Companies' Creditors Arrangement Act (CCAA). The judges of the Supreme Court, on the bench, unanimously ruled in favour of our clients and overturned the Court of Appeal.

Association québécoise des pharmaciens propriétaires

Acting for the Association québécoise des pharmaciens propriétaires in a motion for declaratory judgment against the Attorney General of Québec and the Régie de l'assurance maladie du Québec concerning the interpretation of a recent statute adopted by the Québec legislature regarding certain obligations imposed upon all pharmacists in Québec.

Daisye Marcil

Acted for the plaintiffs in a class action involving all Québec parents who were required to pay fees for the purchase of school books or other didactic material even though these fees should have been assumed by the school boards.

Association québécoise des pharmaciens propriétaires

Acted for the Association québécoise des pharmaciens propriétaires (Québec Association of Owner Pharmacists [AQPP]) in connection with an application for arbitration against Québec's Ministry of Health and Social Services (MSSS). The AQPP claimed that the MSSS had breached an agreement between them, resulting in a loss of potential earnings of more than $150 million for pharmacists. The AQPP reached a settlement with the MSSS, thus saving its members several hundred million dollars in payments.

Karatbars International GmbH

Successfully acted for Karatbars International GmbH in connection with a motion filed by the Autorité des marchés financiers ("AMF") to obtain a cease trading order against the corporation. The Financial Markets Administrative Tribunal dismissed the AMF's motion in an important precedent-setting decision on investment contracts and network marketing that will have authority throughout Canada and possibly North America.

City of Lévis

Acted for the City of Lévis in defence of a class action and other related actions instituted by citizens who have built houses on land which they claim was unsuitable for traditional constructions.

Pharmascience Inc.

Acted successfully for Pharmascience Inc. and secured the dismissal of 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.

Pharmascience Inc.

Acted for Pharmascience Inc. 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.

Corus Entertainment Inc.

Acted successfully for Corus Entertainment Inc. in its representation before the Governor in Council who refused to quash a decision by the Canadian Radio-television and Telecommunications Commission approving the exchange of various radio stations (including CKAC) between Corus and Astral Media Inc.

In the News

Interview, Canadian Lawyer Magazine, “Proposed Quebec tax on unvaccinated likely is within rights of province to impose: Davies lawyer”

Jan. 25, 2022 - Read the full article.

Bulletin

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....

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...

Bulletin

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...

Bulletin

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...

Bulletin

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 127¹) 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...

Bulletin

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...

Article

“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).

Speaking Engagement

Osgoode Professional Development, 16^th National Symposium on Class Actions, “Case Study: The Biggest Case You’ve Never Heard Of”; Toronto, ON

Apr. 04, 2019

Speaking Engagement

Barreau du Québec, National Conference on Class Actions, “Legal Issues Related to Multi-Jurisdictional Class Actions”; Montréal, QC

Mar. 22, 2019

Bulletin

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...

Bulletin

Appeal from a Judgment Authorizing a Class Action: The Door Is Unlocked, But Difficult to Open

Nov. 23, 2016 - On January 1, 2016, the new Code of Civil Procedure (New CCP) of Québec came into force. The New CCP contains a number of new provisions governing class actions, which were originally called “recours collectifs” in the French text and are now called “actions collectives. ” One of the...

Bulletin

Pétroles Global: Calculating Fines Imposed on Corporations

May 04, 2015 - When an organization – including a corporation, a company or a partnership – is found guilty of a criminal offence, section 718. 21 of the Criminal Code requires a court to take a number of factors into consideration when determining the fine, including: any profits realized as a result of...

Speaking Engagement

Chair, Barreau du Québec, National Conference on Class Actions, “Class Actions and Privacy”

Mar. 26, 2015

Speaking Engagement

Canadian Bar Association, “The Impact of the Supreme Court of Canada’s Decision in Imperial Oil v. Jacques on the Disclosure of Evidence”

Mar. 20, 2015

Bulletin

Debarment from Public Contracts: The First Reversal of an AMF Decision

Mar. 09, 2015 - The Superior Court of Québec recently quashed a refusal of the Autorité des marchés financiers (AMF) to grant the authorization necessary to obtain a public contract. This decision, in Terra Location inc. v Autorité des marchés financiers, 2015 QCCS 509, marks a first since the coming...