Léon H. Moubayed

Partner

Léon H. Moubayed

Léon H. Moubayed

Partner

Bar Admissions
  • Ontario, 2021
    Québec, 2010

Léon is a bold and tenacious litigator who takes a creative approach to his clients’ cases.

A partner in the Investigations & White Collar Defence and Dispute Resolution practices, Léon is retained in high-stakes domestic and international white-collar criminal cases, usually encompassing significant commercial, civil and administrative ramifications.

Léon acts for clients in high-profile investigations and prosecutions relating to white-collar and regulatory offences. His particular expertise includes challenging search warrants, wiretaps and other investigative techniques. He also represents corporations and individuals in multijurisdictional investigations, conducts confidential internal investigations and carries out asset recovery in extraordinary circumstances.

Léon has appeared at all levels of court, including the Supreme Court of Canada. He was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in an appeal where criminal law and civil law were closely intertwined. The Court unanimously upheld his position from the bench.

Léon also regularly acts in complex commercial disputes and public law matters such as constitutional challenges and judicial reviews, including advocating for fundamental rights and other social causes on a pro bono basis.

He serves as a judge at the International Criminal Court Moot Competition in The Hague. Léon founded Davies’ International Investigations & White Collar Defence Summit held in Montréal and is the practice coordinator for Davies’ Investigations & White Collar Defence team. He is a fellow of the International Academy of Financial Crime Litigators.

Léon H. Moubayed

Partner

Léon is a bold and tenacious litigator who takes a creative approach to his clients’ cases.

A partner in the Investigations & White Collar Defence and Dispute Resolution practices, Léon is retained in high-stakes domestic and international white-collar criminal cases, usually encompassing significant commercial, civil and administrative ramifications.

Léon acts for clients in high-profile investigations and prosecutions relating to white-collar and regulatory offences. His particular expertise includes challenging search warrants, wiretaps and other investigative techniques. He also represents corporations and individuals in multijurisdictional investigations, conducts confidential internal investigations and carries out asset recovery in extraordinary circumstances.

Léon has appeared at all levels of court, including the Supreme Court of Canada. He was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in an appeal where criminal law and civil law were closely intertwined. The Court unanimously upheld his position from the bench.

Léon also regularly acts in complex commercial disputes and public law matters such as constitutional challenges and judicial reviews, including advocating for fundamental rights and other social causes on a pro bono basis.

He serves as a judge at the International Criminal Court Moot Competition in The Hague. Léon founded Davies’ International Investigations & White Collar Defence Summit held in Montréal and is the practice coordinator for Davies’ Investigations & White Collar Defence team. He is a fellow of the International Academy of Financial Crime Litigators.

Mobile Content:

Amicus curiae of the Supreme Court of Canada

Appointed amicus curiae of the Supreme Court of Canada by the then-chief justice of Canada, Beverley McLachlin, in a case raising a question of criminal law applied in a civil context to insurance contracts rules (Desjardins Financial Security Life Assurance Company v Émond, 2017 SCC 19). The Supreme Court unanimously upheld the amicus curiae's position and dismissed the appeal from the bench.

Mobile Content:

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.

Mobile Content:

International retailer

Represented an international retailer in the context of a confidential internal investigation that lead to the termination with cause of a senior employee for illicit actions which included soliciting and accepting secret and undisclosed payments or other forms of gifts or benefits from the retailer's suppliers or contractors in multiple jurisdictions. 


Mobile Content:

The Federal Republic of Nigeria

Acting on behalf of the Federal Republic of Nigeria in Canadian proceedings involving the country's efforts to recover assets, including a private jet, from the key figure in the "Malabu Oil Scandal," one of Africa's biggest corruption cases.

Mobile Content:

Montréal Defence Lawyers Association

Represented the Montréal Defence Lawyers Association (AADM) before the Supreme Court of Canada in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., where the Court had to determine for the first time if the constitutional protection against "cruel and unusual treatment or punishment" applies to corporations and other legal persons.

Mobile Content:

Estate of Paul G. Desmarais

Acted for the estate of the late Paul G. Desmarais in connection with proceedings instituted by the late Louis R. Desmarais. The plaintiff claimed from the estate of his late brother, Paul G. Desmarais, the sum of $75 million on the basis of a promise allegedly made orally in the late 1970s to return shares of Power Corporation of Canada. On April 26, 2017, after the trial and while the case was under advisement, the plaintiff dropped the proceedings in their entirety.

Mobile Content:

Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac

Acted successfully for Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada on a challenge of search warrants and production orders issued by a judge and executed in multiple locations by the Québec Revenue Agency as part of the Permanent Anti-Corruption Unit of Québec.

Mobile Content:

Confidential Client

Defended a leading Canadian retailer against criminal charges for tax fraud offences and successfully obtained a stay of the prosecution because of "serious, multiple and systemic" violations of constitutional rights that revealed "a longstanding and systemic misunderstanding of the applicable law, all of which was to the detriment of taxpayers generally, extending far beyond" the case at bar.

Mobile Content:

Yanick Morris

Acted for a franchisee in its defense to a prosecution regarding tax-related charges. Obtained a ground-breaking decision that sets new standards for electronic disclosure, adapting to the 21st century the prosecution's duty to disclose evidence to the accused. Obtained thereafter a stay of the prosecution affirming that the principles set out by the Supreme Court of Canada in R. v. Jordan regarding the fundamental right to be tried within a reasonable time apply with full force in matters of white collar crime and deciding that the prosecution cannot merely invoke the nature of the charges to seek to justify an unreasonable delay.

Mobile Content:

Confidential Individuals

Acting on behalf of confidential clients in a challenge of multiple search warrants executed in multiple locations by the Québec's Revenue Agency in the context of an investigation being jointly conducted with the Sûreté du Québec, the provincial police force. The case was heard by the Superior Court of Québec, the Court of Appeal of Québec and is now before the Supreme Court of Canada.

Speaking Engagement
Mobile Content:

Presenter, South Asian Law Students’ Association, Western University, Faculty of Law, “Bill 21 Judicial Challenge”; Webcast

Oct. 14, 2021

Guide
Mobile Content:

L’article 8 de la Charte canadienne et la fouille, perquisition et saisie de matériel informatique (Section 8 of the Canadian Charter and the Searches and Seizures of Computer Equipment), co-author

Oct. 07, 2021 - Recent Developments in Criminal Law, Vol. 497, 2021 (Montréal: Éditions Yvon Blais)

Speaking Engagement
Mobile Content:

Barreau du Québec, Criminal Law Seminar, “Section 8 of the Canadian Charter and the Searches and Seizures of Computer Equipment”; Montréal, QC

Oct. 07, 2021

Bulletin
Mobile Content:

OECD Report: The Role of Corporations in Fighting White Collar Crime Enablers

Apr. 12, 2021 - The Organisation for Economic Co-operation and Development (OECD) published a report in February 2021 titled “Ending the Shell Game: Cracking Down on the Professionals Who Enable Tax and White Collar Crimes” (Report), which highlights the role that “professional enablers” play in the commission of...

Speaking Engagement
Mobile Content:

Association des avocats de la défense de Montréal (AADM), 2020 Virtual Symposium, "Search Warrants: Execution and Pre-Accusatory Recourses"; Webinar

Nov. 11, 2020

Bulletin
Mobile Content:

Corporations Cannot Suffer Cruel and Unusual Treatment or Punishment

Nov. 06, 2020 - The Supreme Court of Canada (Supreme Court) yesterday handed down its highly awaited decision in Quebec (Attorney General) v 9147-0732 Québec inc. 1 For the first time, the Court decided that corporations cannot claim the protection of section 12 of the Canadian Charter of Rights and...

Speaking Engagement
Mobile Content:

Moderator, Canadian Bar Association, “White Collar Crime: Corruption, Proceeds of Crime and Associated Risksˮ; Webinar

Oct. 28, 2020

Mobile Content:

Chambers Canada: Canada’s Leading Lawyers for Business—White Collar Crime and Government Investigations

Mobile Content:

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Public Law (Litigation Star); White Collar Crime (Litigation Star); 40 and Under Hot List

Mobile Content:

Lexpert Rising Stars: Leading Lawyers Under 40

Mobile Content:

The Best Lawyers in Canada—Appellate Practice; Corporate and Commercial Litigation; Criminal Defence (Lawyer of the Year 2022, Montréal)

Mobile Content:

Young Bar Association of Montréal—Civil and Commercial Litigation: Lawyer of the Year Award (2015)

Mobile Content:

Euromoney’s Rising Stars Expert Guide–White Collar

Bar Admissions
Mobile Content:

Ontario, 2021
Québec, 2010

Education
Mobile Content:

Osgoode Hall Law School, JD, 2009
Université de Montréal, LLB, 2008
Université Panthéon-Assas (Paris II), 2008

Professional Affiliations
Mobile Content:

Association des avocats de la défense de Montréal
Canadian Bar Association
International Academy of Financial Crime Litigators, Fellow
Lawyers Without Borders
Ligue des droits et libertés
The Duke of Edinburgh’s International Awards, Gold Medallists Association

Community Involvement
Mobile Content:

Canadian Bar Association, Anti-Corruption Team Steering Committee
Canadian Bar Association, Criminal Justice Executive Committee, member
International Criminal Court Moot Court Competition at The Hague, judge

Léon is a bold and tenacious litigator who takes a creative approach to his clients’ cases.

A partner in the Investigations & White Collar Defence and Dispute Resolution practices, Léon is retained in high-stakes domestic and international white-collar criminal cases, usually encompassing significant commercial, civil and administrative ramifications.

Léon acts for clients in high-profile investigations and prosecutions relating to white-collar and regulatory offences. His particular expertise includes challenging search warrants, wiretaps and other investigative techniques. He also represents corporations and individuals in multijurisdictional investigations, conducts confidential internal investigations and carries out asset recovery in extraordinary circumstances.

Léon has appeared at all levels of court, including the Supreme Court of Canada. He was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in an appeal where criminal law and civil law were closely intertwined. The Court unanimously upheld his position from the bench.

Léon also regularly acts in complex commercial disputes and public law matters such as constitutional challenges and judicial reviews, including advocating for fundamental rights and other social causes on a pro bono basis.

He serves as a judge at the International Criminal Court Moot Competition in The Hague. Léon founded Davies’ International Investigations & White Collar Defence Summit held in Montréal and is the practice coordinator for Davies’ Investigations & White Collar Defence team. He is a fellow of the International Academy of Financial Crime Litigators.

Amicus curiae of the Supreme Court of Canada

Appointed amicus curiae of the Supreme Court of Canada by the then-chief justice of Canada, Beverley McLachlin, in a case raising a question of criminal law applied in a civil context to insurance contracts rules (Desjardins Financial Security Life Assurance Company v Émond, 2017 SCC 19). The Supreme Court unanimously upheld the amicus curiae's position and dismissed the appeal from the bench.

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.

International retailer

Represented an international retailer in the context of a confidential internal investigation that lead to the termination with cause of a senior employee for illicit actions which included soliciting and accepting secret and undisclosed payments or other forms of gifts or benefits from the retailer's suppliers or contractors in multiple jurisdictions. 


The Federal Republic of Nigeria

Acting on behalf of the Federal Republic of Nigeria in Canadian proceedings involving the country's efforts to recover assets, including a private jet, from the key figure in the "Malabu Oil Scandal," one of Africa's biggest corruption cases.

Montréal Defence Lawyers Association

Represented the Montréal Defence Lawyers Association (AADM) before the Supreme Court of Canada in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., where the Court had to determine for the first time if the constitutional protection against "cruel and unusual treatment or punishment" applies to corporations and other legal persons.

Estate of Paul G. Desmarais

Acted for the estate of the late Paul G. Desmarais in connection with proceedings instituted by the late Louis R. Desmarais. The plaintiff claimed from the estate of his late brother, Paul G. Desmarais, the sum of $75 million on the basis of a promise allegedly made orally in the late 1970s to return shares of Power Corporation of Canada. On April 26, 2017, after the trial and while the case was under advisement, the plaintiff dropped the proceedings in their entirety.

Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac

Acted successfully for Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada on a challenge of search warrants and production orders issued by a judge and executed in multiple locations by the Québec Revenue Agency as part of the Permanent Anti-Corruption Unit of Québec.

Confidential Client

Defended a leading Canadian retailer against criminal charges for tax fraud offences and successfully obtained a stay of the prosecution because of "serious, multiple and systemic" violations of constitutional rights that revealed "a longstanding and systemic misunderstanding of the applicable law, all of which was to the detriment of taxpayers generally, extending far beyond" the case at bar.

Yanick Morris

Acted for a franchisee in its defense to a prosecution regarding tax-related charges. Obtained a ground-breaking decision that sets new standards for electronic disclosure, adapting to the 21st century the prosecution's duty to disclose evidence to the accused. Obtained thereafter a stay of the prosecution affirming that the principles set out by the Supreme Court of Canada in R. v. Jordan regarding the fundamental right to be tried within a reasonable time apply with full force in matters of white collar crime and deciding that the prosecution cannot merely invoke the nature of the charges to seek to justify an unreasonable delay.

Confidential Individuals

Acting on behalf of confidential clients in a challenge of multiple search warrants executed in multiple locations by the Québec's Revenue Agency in the context of an investigation being jointly conducted with the Sûreté du Québec, the provincial police force. The case was heard by the Superior Court of Québec, the Court of Appeal of Québec and is now before the Supreme Court of Canada.

Speaking Engagement

Presenter, South Asian Law Students’ Association, Western University, Faculty of Law, “Bill 21 Judicial Challenge”; Webcast

Oct. 14, 2021

Guide

L’article 8 de la Charte canadienne et la fouille, perquisition et saisie de matériel informatique (Section 8 of the Canadian Charter and the Searches and Seizures of Computer Equipment), co-author

Oct. 07, 2021 - Recent Developments in Criminal Law, Vol. 497, 2021 (Montréal: Éditions Yvon Blais)

Speaking Engagement

Barreau du Québec, Criminal Law Seminar, “Section 8 of the Canadian Charter and the Searches and Seizures of Computer Equipment”; Montréal, QC

Oct. 07, 2021

Bulletin

OECD Report: The Role of Corporations in Fighting White Collar Crime Enablers

Apr. 12, 2021 - The Organisation for Economic Co-operation and Development (OECD) published a report in February 2021 titled “Ending the Shell Game: Cracking Down on the Professionals Who Enable Tax and White Collar Crimes” (Report), which highlights the role that “professional enablers” play in the commission of...

Speaking Engagement

Association des avocats de la défense de Montréal (AADM), 2020 Virtual Symposium, "Search Warrants: Execution and Pre-Accusatory Recourses"; Webinar

Nov. 11, 2020

Bulletin

Corporations Cannot Suffer Cruel and Unusual Treatment or Punishment

Nov. 06, 2020 - The Supreme Court of Canada (Supreme Court) yesterday handed down its highly awaited decision in Quebec (Attorney General) v 9147-0732 Québec inc. 1 For the first time, the Court decided that corporations cannot claim the protection of section 12 of the Canadian Charter of Rights and...

Speaking Engagement

Moderator, Canadian Bar Association, “White Collar Crime: Corruption, Proceeds of Crime and Associated Risksˮ; Webinar

Oct. 28, 2020

Chambers Canada: Canada’s Leading Lawyers for Business—White Collar Crime and Government Investigations

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Public Law (Litigation Star); White Collar Crime (Litigation Star); 40 and Under Hot List

Lexpert Rising Stars: Leading Lawyers Under 40

The Best Lawyers in Canada—Appellate Practice; Corporate and Commercial Litigation; Criminal Defence (Lawyer of the Year 2022, Montréal)

Young Bar Association of Montréal—Civil and Commercial Litigation: Lawyer of the Year Award (2015)

Euromoney’s Rising Stars Expert Guide–White Collar

Bar Admissions

Ontario, 2021
Québec, 2010

Education

Osgoode Hall Law School, JD, 2009
Université de Montréal, LLB, 2008
Université Panthéon-Assas (Paris II), 2008

Professional Affiliations

Association des avocats de la défense de Montréal
Canadian Bar Association
International Academy of Financial Crime Litigators, Fellow
Lawyers Without Borders
Ligue des droits et libertés
The Duke of Edinburgh’s International Awards, Gold Medallists Association

Community Involvement

Canadian Bar Association, Anti-Corruption Team Steering Committee
Canadian Bar Association, Criminal Justice Executive Committee, member
International Criminal Court Moot Court Competition at The Hague, judge