Appeals

Air India, Ltd. v. CC/Devas (Mauritius) Ltd., 2022 QCCA 1264
Acted for Air India against recognition and enforcement proceedings related to approximately USD$111M arbitral award rendered against the Republic of India pursuant to a bilateral investment treaty between the latter and Devas.

BCE Inc., Bell Canada, Bell ExpressVu Inc.  and Bell ExpressVu Limited Partnership v. Québecor Média Inc. and Groupe TVA Inc., 2022 FCA 152
Acting for Québecor Media Inc.  in a judicial review application filed by Bell to overturn a CRTC decision.

Re Bloom Lake, 2021 QCCS 4642
Acting as counsel to the court-appointed Monitor in the CCAA proceedings of Bloom Lake General Partner Limited and various affiliates, namely in a dispute (currently under appeal) with the tax authorities who purported to withhold millions of dollars in input tax credits (ITCs) on Damage Payments made to several creditors pursuant to the plan of arrangement in order to satisfy tax debt which was already compromised by the plan.

Groupe TVA Inc. and Québecor Média Inc. v. Bell Canada, Bell ExpressVu Limited Partnership and BCE Inc., 2021 FCA 153
Acted for Québecor Media Inc.  and TVA Group before the Federal Court of Appeal to have specific CRTC regulatory provisions revoked.

9354-9186 Québec inc. (formerly known as Bluberi Gaming) v. Callidus Capital Corp., 2020 SCC 10
Represented Bentham IMF (now known as Omni Bridgeway) before the Supreme Court of Canada. The highest court of the country ruled unanimously in favour of the CCAA debtor and our client, Bentham IMF (now known as Omni Bridgeway), and reinstated the Superior Court’s decision to approve interim financing under the CCAA in the form of litigation funding for the debtor company to sue Callidus – its operating lender and principal creditor – in an amount of $228M, without the need for a plan of arrangement or creditor approval.

HRM Projet Children inc. v. Devimco Immobilier inc., 2020 QCCA 1123
Obtained for Devimco, one of Montreal’s largest real estate developers, a mandatory interlocutory injunction order in a project valued at $400M on the former site of the Montreal Children’s Hospital.

BCE Inc., Bell Canada, Bell ExpressVu Inc.  and Bell ExpressVu Limited Partnership v. Québecor Média Inc. and Groupe TVA Inc., Federal Court of Appeal n. 20-A-6 (2020)
Obtained the dismissal of an application for leave to appeal filed by Bell seeking to set aside a CRTC decision on behalf of Québecor Media Inc.

CO-Operators General Insurance Co. v. Sollio Groupe Coopératif (formerly known as La Coop Fédérée), 2020 SCC 41
Obtained a landmark decision before the Supreme Court on the nature of the bank transfer in favour of our client, the National Bank of Canada

Invenergy Wind Canada llc v. Eolectric inc., 2019 QCCA  1073
Obtained dismissal of the appeal against our client, Eolectric. The dispute pertained to the compensation that Eolectric was to receive under an agreement to prospect for sites for wind farms.  The site proposed by Eolectric allowed Invenergy to bid on and obtain four lucrative electricity supply contracts from Hydro-Quebec, thus allowing the realization of a wind farm and three expansions of the same.

Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55
Presentation of a motion to dismiss proceedings before trial of a $55M claim against an accounting firm that, along with a law firm and tax advisor, had been sued following the bankruptcy of a chain of retirement homes. The dismissal of proceedings was upheld by the Quebec Court of Appeal and by the Supreme Court of Canada.

Avis de recherche incorporée v. Québécor  Média  Inc.,  for  Vidéotron s.e.n.c.,  Federal  Court of  Appeal n. 16-A-13 (2016)
Challenged successfully an application for leave to appeal a CTRC decision on behalf of Vidéotron.

Bell v. Molson, 2015 QCCA 583
Appel to quash a first instance decision that had ordered the beneficiaries of a trust to reimburse the trustees’ defence costs (approximately $3.2M) despite the fact that the trustees were found professionally negligent and liable for the beneficiaries’ damages. This judgment clarifies the law with respect to the right of trustees and administrators of property of others to have their defence costs reimbursed when called upon to defend themselves in legal proceedings and it confirms, among other things, that the administrators of property of others cannot be reimbursed their costs when defending their personal interests, as opposed to the interests of the beneficiaries.

Québec (Attorney General) v. Air Canada, 2015 QCCA 1789
Acted successfully for the interests of the Attorney General of Manitoba in this lawsuit launched against Air Canada further to the shutting down of Aveos’ aircraft maintenance center in Montreal.

Vidéotron, s.e.n.c. v. Bell ExpressVu, l.p., 2015 QCCA 422, Bell Expressvu Limited Partnership v. Vidéotron S.E.N.C., et al., 2015 CanLII 66252 (CSC)
Obtained a condemnation in capital of over $82M for Vidéotron and TVA to compensate for their losses of revenues as a consequence of Bell’s negligence to adequately control the piracy of its own satellite signals for the distribution of television services. The Supreme Court denied the application for leave to appeal. This award represents one of the most important condemnations awarded in Canadian judicial history.

Soft Informatique Inc. v. Gestion Gérald Bluteau Inc., 2014 QCCA 2330
Represented an Appellant following the dismissal of its claim for damages and its condemnation by the Superior Court to pay a substantial sum of money while representation was made by another firm.  Complete cancellation of the sum to which our client had been condemned in the first instance and substantial condemnation in its favour as a result of misrepresentations made in the context of the sale of a business.

AbitibiBowater Inc. v. Fibrek Inc., 2012 QCBDR 17 and 2012 QCCA 569
Appeared on behalf of Fairfax Financial in the proceedings before the Quebec securities commission concerning the hostile takeover of Fibrek Inc.

Quebecor Inc. v. Société Radio-Canada, 2011 QCCA 387
Acted Successfully for Quebecor before the Court of Appeal for the recusal of the trial judge by proving a reasonable apprehension of bias.

Hooper v. MDS (Canada) inc. (Phoenix International Life Science Inc.), 2009 QCCA 907
Obtained the dismissal of this suit where our client was sued for over $9M for having allegedly violated its contractual obligations under various agreements.

New Jersey (Department of the Treasury of the State of) v. Trudel & Johnston, 2009 QCCA 86, [2009] R.J.Q. 46
Successfully invoked state immunity to dismiss the claim against our client and maintained that result in appeal.

BCE Inc. v. Ontario Teachers’ Pension Plan Board, (Re), 2008 ONCA 587
Acted for Ontario Teachers’ Pension Plan Board, Providence Equity Partners and Madison Dearborn Capital Partners in this dispute involving the interpretation of a $1.2B break-up fee (liquidated damages) clause further to the termination of the agreement contemplating the $52B acquisition of BCE Inc.

Bank of Nova Scotia v. Thibult, 2004 CSC 29
Appointment of Mr. James A. Woods as amicus curiae by the Supreme Court of Canada in the seizure of a self-directed RRSP dispute.

Lac d’Amiante du Québec Ltée v. 2858-0702 Québec Inc. and Lac d’amiante du Canada, Ltée, [1999] R.J.Q. 970 (C.A.), [2001] 2 S.C.R. 743 (S.C.C.)
Acted for Lac d’Amiante du Québec in an action for reimbursement of over $12M of expenses, based on multiple agreements between the parties, including joint venture and limited partnership agreements.