Sarah offers practical and effective solutions to her clients’ litigation disputes.
She acts in a wide range of civil and commercial litigation matters, including constitutional, administrative and tax disputes. Sarah is also experienced in complex white collar investigations, both civil and criminal, involving allegations relating to such issues as tax evasion and corporate fraud.
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.
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.
Acting for a confidential client, as an innocent third party in an investigation, led by Québec's permanent anti-corruption unit.
Acting for confidential clients in an action against a former officer and related parties for the misappropriation of more than $6.5 million for their own benefit.
Acting for confidential clients in proceedings with regard to the misappropriation of $22 million by a former employee and related parties.
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.
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.
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.
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.
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.
COVID-19 and the Courts: What You Need to Know
Nov. 24, 2020 - Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. While they began resuming activities and easing restrictions over the summer and early fall, many courts are now reintroducing restrictions as various regions experience a second wave...
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 revealed "a..."
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 Rights and...
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...
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.
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...
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 there are...
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...
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...