Complex Commercial Cases

Eurobank Ergasias S.A. v. Bombardier inc., 2024 CSC 11
Represented National Bank of Canada successfully before the Supreme Court of Canada, which reaffirmed that fraud remains the only exception recognized in Canadian law that can be invoked against the issuing financial institution’s obligation to pay the beneficiary upon receipt of a demand to that effect.

Air India, Ltd. v. CC/Devas (Mauritius) Ltd., 2022 QCCA 1264
Counsel 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.

Multiple proceedings, mostly in arbitration
Acting for the constructor (joint venture of two multinational corporations) of the CHUM mega-hospital in dozens of contractual disputes (as plaintiff and defendant’s counsel) against entities such as the facility manager, the owner of the project, and various professional consultants and suppliers. Such disputes involve issues concerning project certification, alleged defects and remedial works, security packages and construction liens, as well as associated penalties, deductions and contractual claims.

Telus Communications Inc. v. Vidéotron Ltée, 2021 CF 1127
Acting for Videotron in defence of an application for judicial review filed by TELUS and Bell before the Federal Court challenging Videotron Ltd.’s eligibility of $830M worth of spectrum licences awarded to Videotron following a spectrum auction held by the Minister of Industry.

9354-9186 Québec inc. (formerly known as Bluberi Gaming) v. Callidus Capital Corp., 2020 CSC 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.

Alain Bilodeau et als. v. Liminal Biosciences Inc. et als.
Representation of Consonance Capital Management LP, one of the defendants, in a $950 millions lawsuit in which the shareholder-plaintiffs seek damages for financial losses suffered as a result of a recapitalization that diluted the market value of their shares.

UNCITRAL supplier-distributor arbitration (Confidential)
Acted for an Australian distributor of nutraceutical products in a $275M dispute with a foreign supplier.

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.

Bayer Cropscience AG v. Dow Agrosciences LLC, ICC arbitration (confirmed by US Federal Circuit Court, 2016)
Obtained as co-counsel to Bayer with US firm Milbank, Tweed, Hadley & McCloy LLP an arbitral award exceeding USD$450M for breach of a patent licensing agreement and patent infringement.  This file involved US patent law and French contract law, the latter of which  we handled.

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 (approx. $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.

Vidéotron, G.P. 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 Videotron 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.

Mouvement d’éducation et de défense des actionnaires et Marc Lamoureux v. Société Financière Manuvie, 2017 QCCS 2300
Defended Manulife Financial in this class action launched by the MÉDAC in relation to Manulife’s duties of continuous disclosure. The class action was settled before trial.

Re: Canwest Global Communications Corp., 2010 ONSC 4209
Acted for Goldman Sachs in connection with its approx. $700M claim in litigation relating to the restructuring of CanWest Global Communications Corp. and its $2B acquisition by Shaw Communications Inc.

Myette v. Commission administrative des régimes de retraite et d’assurances (CARRA), 2009 QCCS 5144 and 2010 QCCS 2797
Successfully represented retired public servants in a claim against the body responsible for the management of their pension funds.

BCE inc. v. 1976 Debenture holders, [2008] 3 S.C.R. 560
Acted for the purchasers Ontario Teachers’ Pension Plan Board, Providence Equity Partners and Madison Dearborn Capital Partners in the landmark case where the Supreme Court of Canada approved the transaction in which our clients purchased BCE Inc. for $52B and dismissed a challenge to the transaction by certain holders of Bell Canada debentures. One of the central issues was the interpretation of the contracts under which the Bell Canada debentures were issued.

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.

Metcalfe & Mansfield Alternative Investments II Corp., (Re), 2008 ONCA 587
Acted in the matter of the restructuring of the Canadian market of asset-backed commercial paper (ABCP), worth some $32B. We also challenged the restructuring plan for a $1B group of noteholders, namely Air Transat, Pharmacies Jean-Coutu, Aéroports de Montréal and the Société générale de financement du Québec.

Bank of Nova Scotia v. Thibault, 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.