Marc-André is known to be “an excellent litigator,” with impressive technical skills, who is “brilliant and fun to work with.” (Chambers Canada 2017)
Marc-André advises clients on complex commercial litigation. He specializes in disputes related to real estate development, purchases and sales, contracts and construction, as well as administrative law. Clients involved in highly contentious bankruptcy and insolvency matters also turn to Marc-André for his methodical approach and his nimble courtroom skills. Well versed in environmental issues, Marc-André has significant experience in environmental liability class actions. He represents companies of all sizes – from local startups to large international organizations – at all levels of court, including the Supreme Court of Canada, and before arbitration tribunals.
Marc-André is on the board of directors of the Orchestre Symphonique de Montréal.
Acting for Finmeccanica S.p.A. in its lawsuit against Bombardier Inc. in which it seeks the judicial termination of the manufacturing contract for the CSeries horizontal and vertical tail stabilizers, as well as damages totalling $121 million.
Acted for Véolia Transdev Québec Inc. and Véolia Transdev Canada Inc. against Richard Auger in connection with a dispute arising from the purchase and sale of a group of transportation companies and a balance on the purchase price.
MSG Lac Mirabel s.e.c., Morgan Stanley Real Estate Fund (MSREF) IV Mirabel Trust and others
Acting for MSG Lac Mirabel s.e.c., Morgan Stanley Real Estate Fund (MSREF) IV Mirabel Trust and others in defence of a $55-million lawsuit with respect to an alleged agreement for the purchase and sale of a 7.2-million square foot site in Mirabel, Québec, on which a large shopping centre and residential project are now underway.
RSM Richter and Royal Bank of Canada
Acting for RSM Richter and Royal Bank of Canada in connection with a personal bankruptcy involving claims of $30 million and the validity of a protective trust.
Real estate promoter
Acting for an important real estate promoter in a case relating to the construction of residential towers worth in excess of $100 million in downtown Montréal.
Samson Bélair/Deloitte & Touche Inc.
Acting for Samson Bélair/Deloitte & Touche Inc. as receiver in relation to the environmental aspects of the restructuring of AbitibiBowater (now known as Resolute Forest Products), including the sale of real estate properties in several provinces.
Acting for an important cranberry grower in connection with a multi-million dollar lawsuit relating to the construction of farms in Québec.
Agence métropolitaine de transport (AMT)
Acted for Agence métropolitaine de transport (AMT) in defence to a multi-million dollar class action instituted on behalf of train users as a result of alleged delays in the train service on two of AMT's train lines.
Real estate holding company
Acted for a real estate holding company in relation to the litigious sale of a major development site in downtown Montréal worth $28 million.
IOU Financial Inc.
Acted for IOU Financial Inc. in connection with its successful response to Qwave Capital LLC's unsolicited partial takeover bid, including in injunctive proceedings asserting a breach by Qwave of a confidentiality agreement.
Fiabilité du registre foncier du Québec et régime de prescription acquisitive : la Cour suprême se prononce
Apr. 13, 2017 - Only available in French. Dans Ostiguy c. Allie, 2017 CSC 22 (« Ostiguy c. Allie »), la Cour suprême du Canada (la « CSC ») a conclu que l’on ne peut pas avoir une confiance absolue dans les inscriptions au registre foncier du Québec, celles-ci n’ayant pas préséance sur les droits acquis par...
Bill 102: Modernization of the Environmental Authorization Scheme
June 13, 2016 - The Minister of Sustainable Development, the Environment and the Fight Against Climate Change (the MSDEFCC) introduced An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance...
Davies Named Litigation Firm of the Year in Québec and National Competition Firm of the Year by Benchmark Canada
Feb. 25, 2015 - Davies Ward Phillips & Vineberg LLP is proud to have been recognized at the annual Benchmark Canada Awards for the third time as Firm of the Year in Québec. The firm was also recognized as National Competition Firm of the Year. Matthew Milne-Smith was also recognized as National Insolvency...
Le Conseil des Syndics de faillite du Québec, seminar, “Recent Developments in Insolvency and Environment”; Feb. 03 & 04, 2015
Feb. 03, 2015
The Canadian Institute, Restructuration – Insolvency and Bankruptcy seminar , “Recent Developments in Insolvency and Environment”
Oct. 01, 2014
Canadian Bar Association, 2014 National Environmental, Energy and Resources Law Summit, Regional Hot Topics
May 29, 2014
Office québécois de la langue française Dealt a Significant Loss by Québec Superior Court
Apr. 10, 2014 - For almost 20 years, most retailers doing business in Québec have used their recognized English language trade-marks on public signage, without including generic terms in French. This practice was not contested by the Office québécois de la langue française which issued francization certificates to...
Québec’s New Code of Civil Procedure – Highlights and Preliminary Comments
Feb. 21, 2014 - On February 20, 2014, the Québec National Assembly unanimously adopted Bill 28 establishing the new Code of Civil Procedure, which will eventually replace the current Code. The Bill, introduced on April 30, 2013, is the result of extensive reform initiated almost 15 years ago by the Québec...
Canada to Raise Liability to $1 Billion for Nuclear and Offshore Oil & Gas Operators
Jan. 31, 2014 - On January 30, 2014, the federal government reintroduced the proposed Nuclear Liability and Compensation Act under Bill C-22 to replace the existing liability regime for damage from nuclear incidents. Bill C-22 would also amend the current liability regime for offshore oil and gas. ...
Association de planification fiscale et financière, Fiducies seminar, “Les fiducies de protection d’actifs : toujours efficaces?” (with Pierre Marchand, Richter Groupe Conseil Inc.); Jan. 29, 2014 (Québec City, QC) and Feb. 06, 2014 (Montréal, QC)
Jan. 29, 2014
Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Québec (Up & Coming Lawyer)
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Environmental (Litigation Star); General Commercial (Litigation Star); Insolvency (Litigation Star)
Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Lawyer to Watch
The Canadian Legal Lexpert Directory—Litigation: Corporate/Commercial
The Best Lawyers in Canada—Corporate and Commercial Litigation