Égale Canada Human Rights Trust Inc.

Acting for Egale Canada, Canada's only national non-profit organization devoted to the promotion of two-spirited, lesbian, gay, bisexual, trans, queer and intersex rights, as an intervenor in a constitutional challenge to provisions of the Civil Code of Québec that infringe upon rights of trans, non-binary and intersex individuals and their children. In a major victory for human rights, the Superior Court of Quebec declared six provisions unconstitutional. An appeal to the Quebec Court of Appeal was heard in April 2022 and is currently under reserve.

Aéroports de Montréal

Acting for Aéroports de Montréal (ADM) as intervenor in a construction dispute between Bombardier Inc. (Bombardier) and Axor Group Inc. (Axor) relating to allegations of faulty performance of a "turnkey" contract. Axor designed and built an aircraft hangar for Bombardier on land leased by ADM. Bombardier alleges that Axor failed to connect certain waste water drains, located at the bottom of the Hangar's recovery gutters, to the underground recovery tank. This would have resulted in contaminated water being discharged into the soils of the land on which the Hangar is located.

Fédération des médecins spécialistes du Québec

Acted for the Fédération des médecins spécialistes du Québec (FMSQ) in defence of a class action relating to fees charged to patients. The group representatives allege that the FMSQ prompted its members to charge certain fees to insured patients in violation of the Health Insurance Act.

Wärtsilä Canada Inc.

Acted for Wärtsilä Canada Inc., a Finnish based engineering firm, before the Supreme Court of Canada in connection with a product liability litigation which turned on the application of the Civil Code of Québec to a claim governed by Canadian maritime law.

Giant Tiger Stores Limited

Acting for Giant Tiger Stores Limited in its defence of multiple class proceedings commenced across Canada (including Ontario, British Columbia, Saskatchewan, Alberta, Manitoba, Québec and the Federal Court) relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels.

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.

Denso Corporation

Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.

Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd.

Acted for Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd. (CSP) in connection with their litigation against one of their independent sales contractors and certain third parties for having illegally appropriated and made use of confidential commercially sensitive information concerning CSP business and clients.

Succession René G. Lépine

Acting for Succession René G. Lépine in its defence to a $25-million claim by the syndicate of the co-owners of residential towers in downtown Montréal in relation to alleged construction defects.

DENSO International America, Inc. and Denso Sales Canada, Inc.

Successfully acted for the Denso Group in its opposition to class action authorization proceedings before the Superior Court of Québec. Plaintiff sought to represent all buyers/lessees of certain motor vehicles models allegedly equipped with defective fuel pumps that would have been manufactured by the Denso Group. Davies successfully defended Denso and obtained the dismissal of the proposed class action.

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

July 26, 2024 - In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and Freedoms (Charter) when Parliament or a...

Can the State Be Held Liable for Neighbourhood Disturbances?

June 17, 2020 - In Maltais c Procureure générale du Québec, 2020 QCCA 715, the Québec Court of Appeal rendered an important decision regarding Crown liability. Its decision clarifies whether the regime of no-fault liability for neighbourhood disturbances applies to the government. It also contains...

George Pollack and Michael Lubetsky Reflect on Landmark Maritime Law Ruling in Canadian Lawyer and Lawyer’s Daily

Dec. 11, 2019 - Following the Supreme Court of Canada’s ruling in Desgagnés Transport Inc. v Wärtsilä Canada Inc., George Pollack and Michael Lubetsky, who represented the respondent defendants along with Joseph-Anaël Lemieux, spoke to Canadian Lawyer and The Lawyer’s Daily to share...

Desgagnés Transport v Wärtsilä Canada: Canadian Maritime Law Enters Uncharted Waters

Dec. 04, 2019 - The Supreme Court of Canada has plotted a new course for Canadian maritime law in Desgagnés Transport v Wärtsilä Canada, 2019 SCC 58. Distinguishing over 30 years of precedent, the Court held that provincial legislation that regulates private law matters (such as the Civil Code of...

Québec Increases Minimum Age for Cannabis Consumption to 21

Nov. 12, 2019 - The Québec government recently ratified an Act to tighten the regulation of cannabis (Act), marking its latest action to impose stricter rules on cannabis consumption than those set out by the federal government. Beginning on January 1, 2020, persons under the age of 21 will be prohibited...

Québec Superior Court Enforces Right to Collective Bargaining of State Employees

Oct. 08, 2019 - The Québec Superior Court (QSC) recently struck down as unconstitutional back-to-work legislation (Bill 127¹) aimed at the Québec government’s advocates and notaries. The decision, released on September 18, 2019, builds on the recent case law of the Supreme Court of Canada which...

Québec Court Rules Restriction on Growing Cannabis at Home Is Unconstitutional

Sept. 10, 2019 - As a result of a recent decision of the Québec Superior Court (QSC) in Murray Hall c. Procureure générale du Québec¹, residents in Québec are no longer prohibited from growing or possessing cannabis plants at home for personal purposes. Under the Cannabis Regulation...

Legalization of Cannabis: A Guide for Employers

Oct. 19, 2018 - With the legalization of recreational cannabis as of October 17, 2018, Canadian employers must be prepared to understand their rights and responsibilities vis-à-vis their employees. Substance and Drug Use Policy Employers are encouraged to adopt or amend their substance and drug use policies...