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.
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.
Represented an international retailer in the context of a confidential internal investigation that led 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.
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.
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.
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.
Acting on behalf of Canadian interests in an international cross-border, white collar investigation leading to multiple serious criminal charges in Europe.
World Sikh Organization of Canada
Acting on a pro bono basis for the World Sikh Organization of Canada and its vice-president for Québec, Amrit Kaur, in their constitutional challenge of the Act respecting the laicity of the State, which prohibits the wearing of religious symbols by certain public sector employees.
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).
Acting on behalf of various confidential clients regarding investigations by the Québec Permanent Anti-Corruption Unit.
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.
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.
Jewish General Hospital
Acted for the Jewish General Hospital of Montréal, as an innocent third party, in an investigation led by the Québec Permanent Anti-Corruption Unit, in collaboration with the Québec Revenue Agency, in connection with a construction project at the JGH.
Acted for a confidential client in the construction industry in defense to criminal charges. Successfully obtained the dismissal at a preliminary stage of one of two criminal charges against an accused corporation, a rare outcome. The other remaining charge was thereafter abandoned by the Crown. Obtained a settlement of a related civil claim for damages.
Acted before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada for a foreign trust in proceedings to quash an administrative seizure by Québec Revenue Agency.
Acting for an institution with worldwide activities in its opposition to a request made by a foreign state to Canada by virtue of the Mutual Legal Assistance Treaty and the Mutual Legal Assistance in Criminal Matters Act. This matter is important because it involves a large and cross-border fraud investigation that is under international public scrutiny.
Acted for a confidential client based in the Middle East regarding a legal compliance audit and a private investigation conducted by another party with respect to various activities in the region.
Acted for a confidential client in the metal and mining industries in defence to a request made to the court for the authorization of an administrative seizure.
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.
Acting for a confidential client, as an innocent third party in an investigation, led by Québec's permanent anti-corruption unit.
Acting for various confidential clients in the context of criminal charges for tax fraud.
Acting for various confidential clients in the context of penal prosecutions under tax Acts.
Successfully acted for Canadian-based company doing business around the globe with respect to allegations of wrongdoing.
Acted for a confidential client in connection with a multi-jurisdictional compliance and internal investigation.
Acting for a renowned international luxury brand as an innocent third party in the context of a financial crime cross-border investigation.
Acted for a Canadian-based construction company in the context of an investigation and criminal charges under environmental legislation.
Acted for a foreign confidential client with respect to an international internal investigation regarding suspicions of wrongdoing in another foreign jurisdiction.
Acted as Canadian counsel for a confidential client with respect to allegations of financial crimes and extradition.
Represented a large Canadian-based international company in the context of (i) a federal criminal investigation on allegations of tax evasion and (ii) a tax investigation.
Acted for a confidential client in the context of an investment by a private equity firm, advising on the review and due diligence with respect to Canadian sanction, anti-bribery, anti-corruption, anti-money laundering laws.
Acted for a confidential client with respect to compliance matters related to a Canadian mining project.
Acted for a purchaser in a share acquisition of a corporation and two of its related companies in connection with an internal review, including with respect to compliance with sanctions and import/export laws, as the entities are doing business in a highly-regulated industry and have activities around the globe.
Acted for a confidential client based in Southeast Asia on Canadian criminal legislation with extra-territorial effects (including sanction, anti-bribery and corruption laws), with respect to investments, including preparing and implementing an Anti-Bribery and Anti-Corruption Policy.
Acted for a confidential client in an internal investigation to assess allegations by a whistleblower concerning economic crimes and regulatory offences.
Acting for a confidential client based in Canada with worldwide operations in the context of an investigation concerning lobbying activities and other risk management issues.
Honeywell International Inc.
Representing Honeywell International Inc. against an action in damages claiming approximately $14 million in damages, brought by Bombardier Inc. and Short Brothers PLC.
A para-public body
Advising a para-public body in connection with the training of its Québec staff on best compliance practices, safeguarding the interests of the institution during interventions such as searches and seizures as well as how to respond to governmental actions.
Provided advice to a Japanese entity with respect to a Mareva injunction issued by the Superior Court of Québec in order to prevent impending fraudulent appropriation of funds.
Honeywell International Inc.
Representing Honeywell International Inc. against Bombardier Inc. in the context of a $450-million claim in relation to various contracts for the supply by Honeywell of aircraft propulsion units for Bombardier's Challenger 300, Challenger 350 and CSeries programs.
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 in its constitutional challenge of section 22.6 of the Health Insurance Act.
Acted for Sodem Inc. in connection with an action that maintained three public-private partnership subcontracts in effect.
White Property Holdings L.P.
Acted for White Property Holdings L.P., real estate developer, in connection with an action brought by the City of Montréal requesting termination of a non-conforming use, in which the Court of Appeal had to determine the validity of the alleged provisions of the applicable urban planning regulations.
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.
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.
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.
Acted successfully for the vendors of a renowned company in connection with a commercial arbitration where the purchasers tried in vain to cancel the sale.
Acting for an important cranberry grower in connection with a multi-million dollar lawsuit relating to the construction of farms in Québec.
Acted for Dollarama L.P. to protect against infringement of its trademarks.
Important ski resort
Acting for an important ski resort in relation to a litigation case involving a real estate project located on a mountain in Québec.
Valport Maritime Services Inc.
Successfully defended Valport Maritime Services Inc. and its president against accusations by indictment under Part II of the Canadian Labour Code which resulted in a definitive stay of the criminal prosecution against our clients by way of nolle prosequi.
Gorski Group Ltd.
Acting for Gorski Group Ltd. in its claim against Absolunet Inc. resulting from the parties' contract for the creation of a new e-commerce website.
Acting for an international entity in its opposition to a request made by a foreign state to Canada by virtue of the Mutual Legal Assistance Treaty and the Mutual Legal Assistance in Criminal Matters Act.
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.
Doing Business in Canada 2023, contributor
Nov. 14, 2023 - Davies’ Doing Business in Canada guide provides executives, in-house counsel and foreign investors with an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada…
Global Enforcement Forum 2023, “Hot Topics in Internal Investigations Roundtable”; New York, NY
Oct. 12, 2023
Court of Québec Orders the Exclusion of Evidence Citing “Serious” and “Systemic” Breaches of the Canadian Charter of Rights and Freedoms
Aug. 03, 2023 - In the Bouchard1 case rendered in July 2023, many years after the Supreme Court of Canada rendered the Jarvis decision,2 the Court of Québec concluded that the fundamental rights of medical specialists (i) against self-incrimination, (ii) to silence, (iii) to...
Consultation on Strengthening Canada's Anti-Money Laundering and Anti-Terrorist Financing Regime with Minister of Justice, the Honourable David Lametti
July 18, 2023 - Government of Canada
Read the consultation paper.
Québec Court Tackles Novel Issues During Approval of the Second Remediation Agreement (a.k.a. Deferred Prosecution Agreement) Under the Canadian Criminal Code
May 23, 2023 - The Superior Court of Québec recently published its reasons1 approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc David expanded on the principles applicable to Canada’s...
Presenter, Young Bar Association of Montréal, Annual Convention 2023, “Financial Crimes”; Montréal, QC
May 11, 2023
Program co-chair and speaker, Law Society of Ontario, White Collar Crime Update for Litigators, “Alternative Measures Essentials: A Fireside Chat with the Prosecution”; Toronto, ON
May 09, 2023
The International Academy of Financial Crime Litigators, “Constitutional Challenges to Legislation in Canada: A Brief Case Study of Québec’s Bill 21 – Act Respecting the Laicity of the State”; Basel, Switzerland
May 06, 2023
Canada Imposes Forced and Child Labour Reporting Obligations
May 05, 2023 - The House of Commons has adopted Bill S-211, whose short title is Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Bill). The Bill, which was adopted on May 3, 2023, will become law as soon as it receives royal assent and will enter into force on January 1, 2024. ...
Université de Montréal Faculty of Law, “The Legal Challenge to the Act Respecting the Laicity of the State (Bill 21)”; Montréal, QC
Apr. 03, 2023
Global Enforcement Forum 2022, “Cross-Border Investigations and International Cooperation”; Washington, D.C.
Oct. 20, 2022
The International Investigations Review, Canada chapter, co-author
July 17, 2022 - The Law Reviews (Law Business Research)
International Young Leaders Circle of the International Economic Forum of the Americas, “International Financial Crime and Cooperation Between States”; Montréal, QC
June 22, 2022
First Remediation Agreement under the Canadian Criminal Code: Key Takeaways
June 14, 2022 - The Superior Court of Québec recently published its reasons1 approving Canada’s first remediation agreement under the Criminal Code, which is Canada’s version of a deferred prosecution agreement (DPA). In his reasons, the Honourable Justice Eric Downs provided an extensive...
Coordinator and Moderator, Davies Summit, 2nd Edition – International Investigations & White Collar Defence; Montréal, QC
May 26, 2022
Following the Money: Emergencies Act Invoked to Expand Anti-Money Laundering Rules
Feb. 17, 2022 - The Canadian federal government announced this week that it was invoking the never-before-used Emergencies Act1 in response to ongoing blockades and occupations arising out of the self-titled “Freedom Convoy” protests. As part of the emergency declaration, the government...
Presenter, South Asian Law Students’ Association, Western University, Faculty of Law, “Bill 21 Judicial Challenge”; Webcast
Oct. 14, 2021
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)
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
The Journalistic Sources Protection Act: How Does the Scheme of New Law Influence Search Warrant Authorization?
July 13, 2021 - In the recent decision in R v Laffont,1 the Court of Québec (CQ) quashed a number of search warrants on the basis that they had been improperly authorized under the general Criminal Code2 regime instead of under the specific regime introduced by the...
The Right Not to Be Subjected to Cruel and Unusual Treatment or Punishment: The Case of Minimum Fines
May 18, 2021 - The Court of Appeal of Québec (CAQ) handed down its decision in Bédard c. Directeur des poursuites criminelles et pénales on 4 March 2021 (Bédard).1 The judgment contains an interesting consideration of section 12 of the Canadian Charter of Rights and...
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...
Québec Court Stays Criminal Proceedings, Citing “Serious, Multiple and Systemic Violations” of Canadians’ Rights
Nov. 19, 2020 - In a recent decision,1 the Court of Québec permanently stayed the prosecution of tax fraud charges made against a corporation and two related individuals after finding "serious, multiple and systemic"2 violations of constitutional rights. The Court held that the violations...
Association des avocats de la défense de Montréal (AADM), 2020 Virtual Symposium, "Search Warrants: Execution and Pre-Accusatory Recourses"; Webinar
Nov. 11, 2020
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...
Moderator, Canadian Bar Association, “White Collar Crime: Corruption, Proceeds of Crime and Associated Risksˮ; Webinar
Oct. 28, 2020
Jordan Ceilings: Particular Application to White Collar Crime
Oct. 08, 2020 - In a case successfully argued by Davies, the Court of Québec concluded that the prosecution infringed the right of the accused to be tried within a reasonable time and, as a result, ordered (published in French) a stay of proceedings and charges. This is an important decision in that it deals with...
In the News
Léon Moubayed Talks to Canadian Lawyer InHouse About the Growing Threat of White-Collar Crime
Sept. 18, 2020 - In an article published this week in Canadian Lawyer InHouse, Davies partner Léon Moubayed gives his expert take on the growing prevalence of white collar crime amid the COVID-19 pandemic and on the steps that in-house counsel can take to protect their businesses. Léon points out that,...
Anti-Corruption: OECD Releases Practical Guidelines to Promote a Cultural Shift in Society and Businesses
May 27, 2020 - Preventing corruption is a day-to-day challenge that requires society as a whole to become aware of the necessity to foster a real cultural shift. Although legislation and internal policies remain essential, they are not sufficient to prevent corruption. They must be supplemented by a genuine...
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...
The Quarantine Act: Beware of the Criminal Consequences for Corporations, Directors and Officers, co-author
Apr. 07, 2020 - Download this article.
Canadian Bar Association, “Search Warrants and Corporate Criminal Lawˮ; Montréal, QC
Feb. 05, 2020
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,...
Investigation and Disclosure: The Court Stresses the Importance of Protecting Whistleblowers
Jan. 22, 2020 - In a decision handed down on December 9, 2019,1 the Superior Court of Québec stressed the importance of keeping the identity of whistleblowers and their statements confidential in the context of investigations into wrongdoing within a public body. Confidentiality can be lifted only when...
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...
International Investigations & White Collar Defence Davies Summit; Montréal, QC
Nov. 14, 2019
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...
Revenu Québec May Seize Records Relating to Accounts Held Outside Québec by Banks Operating in Québec
July 09, 2019 - The Supreme Court of Canada has dismissed the appeal of 1068754 Alberta Ltd. (Alberta Ltd.) against a judgment rendered by the Court of Appeal of Québec, which in turn had upheld the decision rendered by the Superior Court. The appeal originated from Alberta Ltd.’s contestation of a formal demand...
Search Warrants: Misleading the Court Compromises the Integrity of the Process
May 02, 2019 - The Supreme Court of Canada (SCC) in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec (RQ), acting as part of the Permanent Anti-Corruption Unit of Québec. In doing so, the SCC leaves intact the action brought by...
Search Warrants: Investigators’ Good Faith Cannot Always Be Presumed
Apr. 25, 2019 - In Demers c R, 2019 QCCA 518, the Court of Appeal of Québec acquitted the appellant, who had previously been convicted by the Court of Québec on the basis of evidence obtained as a result of an illegal search and seizure. The Court of Appeal held that, when the affidavit filed to support...
OECD Report Highlights Use of Non-Trial Resolutions to Combat Foreign Bribery Cases
Apr. 11, 2019 - The Organisation for Economic Co-operation and Development (OECD) recently released a report titled “Resolving Foreign Bribery Cases with Non-Trial Resolutions” at its annual Global Anti-Corruption and Integrity Forum in Paris. According to the report, non-trial resolution mechanisms...
Canadian Corruption of Foreign Public Officials Act: Two Additional Convictions in the Cryptometrics Saga
Mar. 27, 2019 - Two individuals were recently sentenced to 30 months’ imprisonment after being convicted of agreeing to bribe a foreign public official, under the Canadian Corruption of Foreign Public Officials Act (Act).1 These are the second and third convictions under the Act following a...
Court of Appeal Expands the Range of Fundamental Rights of Legal Persons
Mar. 18, 2019 - In a judgment rendered on March 4, 2019 in 9147-0732 Québec Inc. c. Directeur des poursuites criminelles, 2019 QCCA 373, the Court of Appeal of Québec ruled for the first time on whether legal persons can avail themselves of the right not to be subjected to any cruel and unusual treatment...
Québec Proposes Better Protection for Whistleblowers – Are We Allowing Disclosure in the Media to Get Out of Hand?
Dec. 07, 2015 - On December 2, 2015, one week after the final report of the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (commonly known as the “Charbonneau Commission”) was tabled, the National Assembly introduced Bill 87, titled An Act to facilitate...
Canadian Association of Paralegals, 2012 annual conference, “Code of Civil Procedure Reform”; Montréal, QC
June 15, 2012