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
Acted 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.
Acted 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) (now known as Réseau de transport métropolitain [RTM]) 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.
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.
The Supreme Court Rules That Acquisitive Prescription Trumps the Québec Land Register
Apr. 13, 2017 - In Ostiguy v. Allie, 2017 SCC 22, the Supreme Court of Canada (SCC) found that one cannot entirely rely on the entries in the Québec land register and that they do not take precedence over the rights acquired by prescription. The Supreme Court also decided on the effect of the judgment...
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...
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...
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
Rectify a Contract Due to an Error? The Supreme Court Says Yes
Nov. 28, 2013 - The Supreme Court of Canada issued its judgment in Québec (Agence du revenu) v. Services environnementaux the Court AES inc. and Québec (Agence du revenu) v. Riopel, 2013 SCC 65, confirming that the Civil Code of Québec allows the rectification of contracts due to an...
Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Québec
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 Best Lawyers in Canada—Corporate and Commercial Litigation