Investigations and White Collar Defence

Valport Maritime Services Inc., 2022

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.

Confidential Clients, 2022

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).

A global retailer, 2021

Advising a global retailer in responding to a cybersecurity incident affecting operations in multiple jurisdictions, including with respect to the forensic investigation, consumer and employee notifications, and regulatory reporting.

Phi Centre Inc. et al., 2021

Acted successfully for Phi Centre Inc., Phi Group Inc., Diving Horse Creations Limited and Phoebe Greenberg (collectively the Plaintiffs) as the victims of misappropriation of substantial funds (in excess of $22 million) by the Defendant, a former employee, and related parties.

Phi Centre Inc. et al., 2021

Acted for Phi Centre Inc., Phi Group Inc., Diving Horse Creations Limited and Phoebe Greenberg (collectively the Plaintiffs) in an action against Giuseppina Mancuso, her husband Bayard Whittall and his related company, Two Monsters Inc.

International retailer, 2021

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.

Confidential Client, 2020

Acted for a foreign confidential client with respect to an international internal investigation regarding suspicions of wrongdoing in another foreign jurisdiction.

The Federal Republic of Nigeria, 2020

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, 2020

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.

Confidential client, 2020

Acted for a Canadian-based construction company in the context of an investigation and criminal charges under environmental legislation.

Confidential client, 2020

Acted for a confidential client with respect to compliance matters related to a Canadian mining project. 

Confidential Client, 2020

Acting for a renowned international luxury brand as an innocent third party in the context of a financial crime cross-border investigation.

Confidential client, 2020

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.

Confidential client, 2020

Acted for a confidential client in connection with a multi-jurisdictional compliance and internal investigation.

Confidential Client, 2020

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.

Confidential client, 2020

Successfully acted for Canadian-based company doing business around the globe with respect to allegations of wrongdoing.

Confidential client, 2020

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.

Confidential client, 2019

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.

Confidential Client, 2019

Acting for a confidential client, as an innocent third party in an investigation, led by Québec's permanent anti-corruption unit.

Confidential Client, 2019

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.

Jewish General Hospital, 2019

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.

Confidential client, 2019

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.

Confidential client, 2019

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.

Whistleblower, 2019

Acted for a whistleblower, as an innocent third party, in connection with the disclosure of information to the authorities relating to alleged economic crimes that were the subject of an international criminal investigation.

Confidential Client, 2019

Acted for a a confidential client in connection with a leakage of sensitive computer and commercial data.

Confidential Client, 2019

Acted for a confidential client in connection with a transnational criminal investigation into economic crimes.

Confidential Client, 2019

Acted for a confidential client in connection with investigations related to its potential commercial partners in order to complete due diligence on those partners' integrity.

Confidential Client, 2019

Acted for a confidential client in an internal investigation to assess allegations by a whistleblower concerning economic crimes and regulatory offences.

Confidential Client, 2019

Acted for a confidential client in its internal investigation of an allegation of an employee's misconduct with regard to the theft of trade secrets on behalf of a foreign country. Davies also defended its client against an O'Connor Application.

Confidential client, 2019

Acted as Canadian counsel for a confidential client with respect to allegations of financial crimes and extradition.

Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac, 2019

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.

Confidential Clients, 2019

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.

Healthcare Professionals, 2019

Acting for healthcare professionals in an investigation by a Québec governmental body into the practices of the medical products manufacturing industry. The investigation could give rise to administrative, civil, disciplinary and criminal prosecutions.

Confidential Clients, 2019

Acting on behalf of various confidential clients regarding investigations by the Québec Permanent Anti-Corruption Unit.

Respondent, 2018

Acted for a client in an Ontario Securities Commission enforcement investigation and enforcement proceeding against Solar Income Fund Inc. and various individuals. The investigation and enforcement proceeding related to multiple alleged breaches of the Securities Act (Ontario) in connection with an exempt market fund, including misleading investors, misrepresenting financial positions and fraud.

Confidential Client, 2018

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.

Yanick Morris, 2018

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.

Confidential client, 2018

Acting on behalf of Canadian interests in an international cross-border, white collar investigation leading to multiple serious criminal charges in Europe.

Confidential Individuals, 2018

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.

Confidential client, 2018

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.

Confidential client, 2018

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.

A para-public body, 2018

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.

Major public multinational firm, 2018

Acted for a major public multinational firm in an internal investigation involving numerous jurisdictions, coordinating assessments of foreign jurisdictions and leniency applications to Canadian competition authorities.

Audit Committee of a public company, 2017

Acted for the audit committee of a public company in connection with an external investigation into employee malfeasance and company controls issues in relation to fraudulent inventory record-keeping.

Confidential Client, 2017

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.