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 co-chairs the Committee for the Prevention of Harassment in the Workplace in our Montréal office and is on the board of directors of the Orchestre symphonique de Montréal.
Acting for Leonardo 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 $320 million.
MSG Lac Mirabel s.e.c., Morgan Stanley Real Estate Fund (MSREF) IV Mirabel Trust and others
Acted 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.
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.
Carbonleo Real Estate Inc.
Acted for Carbonleo Real Estate Inc. and related entities in a litigation related to the termination of a forward sale agreement and the alleged refusal of the purchasers to proceed with the intermediate closing of the Cité Dix30 development, adjacent to Quartier Dix30, a mega retail centre located in Brossard on Montréal's South Shore.
InnVest Real Estate Investment Trust
Acted for InnVest Real Estate Investment Trust and related entities in defense of a $3.5-million lawsuit brought by the purchasers of the former Delta Centre Ville Hotel in Montréal in respect of alleged water infiltration.
Carbonleo Real Estate Inc.
Acted for Carbonleo Real Estate Inc. and related entities in defence of multiple actions brought by the neighbour of a mixed-use development project in downtown Montréal that features luxury condos, a Four Seasons luxury hotel, and approximately 25,000 sq.ft. of commercial space. These claims were all defeated and the last one was found to be abusive at the preliminary stage. They were instituted during the construction of the project and included a claim for the acquisition by prescription of a strip of land, a claim for the recognition of a servitude of view encompassing a servitude of non-construction, and a claim for the demolition of the building. We were successful in our defense of all of these claims.
Transdev Québec Inc.
Successfully represented Transdev Québec Inc., part of the Transdev Group which is active in 19 countries and is a worldwide reference for sustainable mobility and multi-module transport. Transdev and the local public transportation authority, Réseau de transport métropolitain, were sued by La Québécoise following a call for tenders for a transportation contract by bus, which was won by Transdev at $23 million.
Faubourg Boisbriand Shopping Centre L.P.
Acting for Faubourg Boisbriand Shopping Centre L.P. and other entities in defence of a claim brought by the owner of a vacant land neighbouring a lifestyle shopping centre on the north shore of Montréal who seeks the cancellation of a non-construction servitude and the payment of damages in the amount of $12 million.
Canadian Royalties Inc.
Acted for Canadian Royalties Inc. before the Supreme Court of Canada and the Québec Court of Appeal in a matter involving the revocation of an order homologating an arbitral award as a result of an alleged conflict of interest of the arbitrator.
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.
Québec Superior Court Renders First Decision on the Impact of COVID-19 on Commercial Leasing
July 22, 2020 - The Québec Superior Court recently handed down a decision stating that the mandatory closure of businesses ordered by the Québec government on March 24, 2020, due to the COVID-19 pandemic constitutes force majeure. The Court also interpreted a clause of the lease providing that the tenant must pay...
Bill 61: Restarting Québec’s Economy
June 08, 2020 - Bill 61, An Act to restart Québec’s economy and to mitigate the consequences of the public health emergency declared on 13 March 2020 because of the COVID-19 pandemic (the Bill) was introduced in the National Assembly on June 3, 2020. Additional measures relating to the protection of...
COVID-19 et force majeure
Mar. 19, 2020 - Translation in progress. La pandémie de COVID-19 et l’état d’urgence sanitaire déclaré par le gouvernement du Québec auront inévitablement des répercussions sur les relations d’affaires en général et sur l’exécution des obligations contractuelles en particulier. Bien que ces répercussions...
Annual Convention of the Canadian Association of Paralegals, “Spoken Words Remain, Writings Fly Away”; Montréal, QC
June 01, 2018
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 trademarks 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...
Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Québec
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Environmental (Litigation Star); Insolvency (Litigation Star)
Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers
The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial
The Best Lawyers in Canada—Alternative Dispute Resolution; Construction Law; Corporate and Commercial Litigation