Léon H. Moubayed

Partner

Léon H. Moubayed

Léon H. Moubayed

Partner

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

Léon has appeared at all levels of court, including the Supreme Court of Canada. Clients retain Léon for complex and hybrid cases, which often involve a variety of legal ramifications, including civil, commercial, administrative, regulatory and criminal.

He is often called upon to challenge search warrants and wiretaps, to represent corporations and directors in domestic or multijurisdictional investigations or defend them in prosecutions and related civil suits, and to conduct internal investigations.

Léon regularly provides pro bono advice. He participated in an economic mission to Africa and received The Young Bar Association of Montréal’s 2015 Lawyer of the Year Award in litigation. Léon was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in respect of an appeal involving both criminal and civil law, and obtained a unanimous judgment from the bench upholding his position.

Léon H. Moubayed

Partner

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

Léon has appeared at all levels of court, including the Supreme Court of Canada. Clients retain Léon for complex and hybrid cases, which often involve a variety of legal ramifications, including civil, commercial, administrative, regulatory and criminal.

He is often called upon to challenge search warrants and wiretaps, to represent corporations and directors in domestic or multijurisdictional investigations or defend them in prosecutions and related civil suits, and to conduct internal investigations.

Léon regularly provides pro bono advice. He participated in an economic mission to Africa and received The Young Bar Association of Montréal’s 2015 Lawyer of the Year Award in litigation. Léon was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in respect of an appeal involving both criminal and civil law, and obtained a unanimous judgment from the bench upholding his position.

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.

Various clients

Acting for various institutions and corporations in connection with investigations and charges relating to white-collar crime and regulatory offences.

Estate of Paul G. Desmarais

Acted for the estate of 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 on a challenge of search warrants and communication orders issued by a judge and executed in multiple locations by the Agence du revenu du Québec as part of the Permanent Anti-Corruption Unit of Québec.

Confidential

Acting on behalf of Canadian interests in an international cross-border, white collar investigation leading to multiple charges.

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.

Confidential Client

Acting for a confidential client, as an innocent third party in an investigation, led by the Québec's permanent anti-corruption unit (PACU).

Confidential Clients

Acting for various confidential clients in the context of criminal charges for tax evasion.

Confidential Clients

Acting for various confidential clients in the context of penal prosecutions under tax Acts.

Confidential Client

Acted for a large Canadian-based international company in the context of a federal criminal investigation on allegations of tax evasion and a tax investigation.

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.

Canadian Civil Liberties Association

Acted 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.

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.

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.

Association québécoise des pharmaciens propriétaires

Acting for the Association québécoise des pharmaciens propriétaires as an intervener in a litigation with the Régie de l'assurance maladie du Québec on the constitutionality of section 22.6 of the Health Insurance Act.

Fédération des médecins spécialistes du Québec

Acting for the Fédération des médecins spécialistes du Québec in a number of important disputes with the Ministre de la Santé et des Services Sociaux (Québec's Ministry of Health).

Helios Group, Utilities and Facilities Management Services

Acted for Sodem Inc. in connection with an action that maintained three public-private partnership subcontracts in effect.

First Capital Realty

Acted for First Capital Realty, a shopping centre developer, in connection with the contestation of one of its tenant's proceeding as he was seeking to avoid cancellation of his lease to allow centre to be redeveloped.

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 granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.

Université du Québec à Montréal (UQAM)

Acted for the Université du Québec à Montréal (UQAM) in connection with the restructuring of the Ilot Voyageur project in excess of $300 million.

World Sikh Organization of Canada

Acting for the World Sikh Organization of Canada and its vice-president for Québec, Amrit Kaur, in their legal challenge of the Act respecting the laicity of the State, which prohibits the wearing of religious symbols by certain public sector employees.

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.

Leading Gas Retailer

Acting for a leading gas retailer in two class actions alleging a conspiracy to fix gasoline prices in 14 different cities and regions in Québec.

Confidential Client

Acted successfully for a company in the construction industry, including in obtaining the dismissal at a preliminary stage of one of two criminal charges laid by the Competition Bureau for alleged bid-rigging against the corporation.

Bulletin

Jordan Ceilings: Verdict Deliberation Time Not Included

Apr. 20, 2020 - In the landmark case of Jordan rendered in July 2016, the Supreme Court of Canada (SCC) established ceilings beyond which delay from the charge to the actual or anticipated end of trial is presumed to be unreasonable and infringes section 11 (b) of the Canadian Charter of Rights and...

Article

The Quarantine Act: Beware of the Criminal Consequences for Corporations, Directors and Officers, co-author

Apr. 07, 2020 - Download this article.

Speaking Engagement

Canadian Bar Association, “Search Warrants and Corporate Criminal Lawˮ; Montréal, QC

Feb. 05, 2020

Bulletin

Search and Seizure: Authorities Can’t Keep What They Seize Indefinitely

Feb. 04, 2020 - In a recent decision, 1 the Superior Court of Québec held that an authority cannot keep copies of electronic documents seized during a search and seizure after officially notifying the person that it will not bring penal or administrative proceedings against the person. In this decision, the Court...

Bulletin

New Era, New Disclosure Obligations

Dec. 17, 2019 - In a case argued by Davies, the Court of Québec rendered a judgment on December 10 setting out, for the first time, the conditions that must be met for the electronic disclosure of evidence by the Crown to be “reasonably accessible”, respectful of the accused’s fundamental rights and consistent...

In the News

Léon Moubayed Speaks About Remediation Agreements With La Presse

Nov. 29, 2019 - In an article published recently in French, Léon Moubayed provides an overview of global trends in alternative dispute resolution mechanisms with regard to corporate crime and shares his insights on the remediation agreement regime recently introduced in Canadian law. In November, Davies brought...

Speaking Engagement

International Investigations & White Collar Defence Davies Summit; Montréal, QC

Nov. 14, 2019

Bulletin

Tax Fraud Charges: Jordan Stay of Proceedings Ordered Due to Unreasonable Delay

Sept. 04, 2019 - In a recent decision, the Court of Québec (Court) held that section 11b of the Canadian Charter of Rights and Freedoms, which guarantees that any person charged with an offence has the right to be tried within a reasonable time, had been infringed. 1 It ordered a stay of proceedings in...

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Future Star

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

Bar Admissions

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
Lawyers Without Borders
Ligue des droits et libertés
The Duke of Edinburgh’s International Awards, Gold Medallists Association

Community Involvement

International Criminal Court Moot Court Competition at The Hague, judge

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

Léon has appeared at all levels of court, including the Supreme Court of Canada. Clients retain Léon for complex and hybrid cases, which often involve a variety of legal ramifications, including civil, commercial, administrative, regulatory and criminal.

He is often called upon to challenge search warrants and wiretaps, to represent corporations and directors in domestic or multijurisdictional investigations or defend them in prosecutions and related civil suits, and to conduct internal investigations.

Léon regularly provides pro bono advice. He participated in an economic mission to Africa and received The Young Bar Association of Montréal’s 2015 Lawyer of the Year Award in litigation. Léon was also appointed amicus curiae of the Supreme Court by the Chief Justice of Canada in respect of an appeal involving both criminal and civil law, and obtained a unanimous judgment from the bench upholding his position.

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.

Various clients

Acting for various institutions and corporations in connection with investigations and charges relating to white-collar crime and regulatory offences.

Estate of Paul G. Desmarais

Acted for the estate of 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 on a challenge of search warrants and communication orders issued by a judge and executed in multiple locations by the Agence du revenu du Québec as part of the Permanent Anti-Corruption Unit of Québec.

Confidential

Acting on behalf of Canadian interests in an international cross-border, white collar investigation leading to multiple charges.

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.

Confidential Client

Acting for a confidential client, as an innocent third party in an investigation, led by the Québec's permanent anti-corruption unit (PACU).

Confidential Clients

Acting for various confidential clients in the context of criminal charges for tax evasion.

Confidential Clients

Acting for various confidential clients in the context of penal prosecutions under tax Acts.

Confidential Client

Acted for a large Canadian-based international company in the context of a federal criminal investigation on allegations of tax evasion and a tax investigation.

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.

Canadian Civil Liberties Association

Acted 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.

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.

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.

Association québécoise des pharmaciens propriétaires

Acting for the Association québécoise des pharmaciens propriétaires as an intervener in a litigation with the Régie de l'assurance maladie du Québec on the constitutionality of section 22.6 of the Health Insurance Act.

Fédération des médecins spécialistes du Québec

Acting for the Fédération des médecins spécialistes du Québec in a number of important disputes with the Ministre de la Santé et des Services Sociaux (Québec's Ministry of Health).

Helios Group, Utilities and Facilities Management Services

Acted for Sodem Inc. in connection with an action that maintained three public-private partnership subcontracts in effect.

First Capital Realty

Acted for First Capital Realty, a shopping centre developer, in connection with the contestation of one of its tenant's proceeding as he was seeking to avoid cancellation of his lease to allow centre to be redeveloped.

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 granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.

Université du Québec à Montréal (UQAM)

Acted for the Université du Québec à Montréal (UQAM) in connection with the restructuring of the Ilot Voyageur project in excess of $300 million.

World Sikh Organization of Canada

Acting for the World Sikh Organization of Canada and its vice-president for Québec, Amrit Kaur, in their legal challenge of the Act respecting the laicity of the State, which prohibits the wearing of religious symbols by certain public sector employees.

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.

Leading Gas Retailer

Acting for a leading gas retailer in two class actions alleging a conspiracy to fix gasoline prices in 14 different cities and regions in Québec.

Confidential Client

Acted successfully for a company in the construction industry, including in obtaining the dismissal at a preliminary stage of one of two criminal charges laid by the Competition Bureau for alleged bid-rigging against the corporation.

Bulletin

Jordan Ceilings: Verdict Deliberation Time Not Included

Apr. 20, 2020 - In the landmark case of Jordan rendered in July 2016, the Supreme Court of Canada (SCC) established ceilings beyond which delay from the charge to the actual or anticipated end of trial is presumed to be unreasonable and infringes section 11 (b) of the Canadian Charter of Rights and...

Article

The Quarantine Act: Beware of the Criminal Consequences for Corporations, Directors and Officers, co-author

Apr. 07, 2020 - Download this article.

Speaking Engagement

Canadian Bar Association, “Search Warrants and Corporate Criminal Lawˮ; Montréal, QC

Feb. 05, 2020

Bulletin

Search and Seizure: Authorities Can’t Keep What They Seize Indefinitely

Feb. 04, 2020 - In a recent decision, 1 the Superior Court of Québec held that an authority cannot keep copies of electronic documents seized during a search and seizure after officially notifying the person that it will not bring penal or administrative proceedings against the person. In this decision, the Court...

Bulletin

New Era, New Disclosure Obligations

Dec. 17, 2019 - In a case argued by Davies, the Court of Québec rendered a judgment on December 10 setting out, for the first time, the conditions that must be met for the electronic disclosure of evidence by the Crown to be “reasonably accessible”, respectful of the accused’s fundamental rights and consistent...

In the News

Léon Moubayed Speaks About Remediation Agreements With La Presse

Nov. 29, 2019 - In an article published recently in French, Léon Moubayed provides an overview of global trends in alternative dispute resolution mechanisms with regard to corporate crime and shares his insights on the remediation agreement regime recently introduced in Canadian law. In November, Davies brought...

Speaking Engagement

International Investigations & White Collar Defence Davies Summit; Montréal, QC

Nov. 14, 2019

Bulletin

Tax Fraud Charges: Jordan Stay of Proceedings Ordered Due to Unreasonable Delay

Sept. 04, 2019 - In a recent decision, the Court of Québec (Court) held that section 11b of the Canadian Charter of Rights and Freedoms, which guarantees that any person charged with an offence has the right to be tried within a reasonable time, had been infringed. 1 It ordered a stay of proceedings in...

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Future Star

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

Bar Admissions

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
Lawyers Without Borders
Ligue des droits et libertés
The Duke of Edinburgh’s International Awards, Gold Medallists Association

Community Involvement

International Criminal Court Moot Court Competition at The Hague, judge