Contractual Disputes

Vidéotron Ltd. v. Rogers Communications Canada Inc.
Acting for Videotron Ltd. in suing Rogers for $830M over alleged contractual breaches regarding critical telecommunications infrastructure, a joint network operated by the parties in Quebec and the greater Ottawa region.

Alfagomma Inc v. HSBC Bank Canada, 2022 QCCS 3655
Represented Alfagomma against a financial institution that failed to follow its internal wire protocol and breached its essential obligation of prudence and diligence. This is the first judgment rendered by a Quebec court finding a financial institution liable for losses suffered in the context of a “Fake President” fraud.

Construction G.M.R. Inc. v. Michon, 2017 QCCS 5081 and Michon v. Dallaire, 2019 QCCA 554
Obtained for Développement Rescom and its administrator the dismissal by the Superior Court and the Court of Appeal of a main action in professional liability in relation to the management of the deposits of certain purchasers in a real estate project for the construction and sale of condominiums and an action in warranty in the event of a potential conviction in the main action.

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

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.

Multiple proceedings in arbitration
Acting for the constructor (multinational corporation) of various power plants and installations in several contractual disputes (in ICC mediation and arbitration, past and present) against suppliers and subcontractors for projects in Québec (publics contracts) and in Newfoundland and Labrador (public-private partnership), including for cost-overruns, project delays, defects and remedial works.

Mediation and arbitration proceedings
Acted for an international software company in a contractual dispute (in mediation and ad hoc arbitration) regarding architectural and engineering software to be used by the constructor of a light-rail project under public-private partnership.

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 licensing agreement and patent infringement. This file involved US patent law and French contract law, the latter of which we handled.

Éolectric Inc. v. Kruger, Groupe Énergie, 2015 QCCA 365
Acted for Eolectric, a wind energy prospector, in a suit to recover a $3.5M success fee against Kruger Energy division further to the award of a power purchase agreement by Hydro-Québec for the development of the St-Rémi wind farm project.

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 while represented by another firm.  Complete dismissal of our client’s condemnation in first instance and substantial condemnation in its favour as a result of misrepresentations made in the context of the sale of a business.

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.

BCE Inc. v. 1976 Debentureholders, [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 sought to purchase 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 $1.2 billion break-up fee (liquidated damages) clause further to the termination of the agreement contemplating the $52B acquisition of BCE Inc.