Expertise
Litigation
Every day businesses face risk-management issues in an increasingly competitive and sophisticated environment. When problems arise, the best response is to seek advice and resolution as quickly and cost-effectively as possible.
Enterprises across Canada entrust this process to Ogilvy Renault's renowned national litigation team. The depth of our team and our seamless integration across offices and areas of expertise means we can respond swiftly and efficiently to disputes in the early stages through to the appellate level.
As advocates and advisors, we work closely with our clients to develop solutions that fit their business goals. We help achieve early settlement when that is the right thing to do. We guide clients to alternative dispute resolution methods to prevent lengthy litigation when appropriate. However, we are always prepared to go to trial and excel at managing complex, document-intensive, multi-party and multi-jurisdictional disputes. Our litigators have in-depth trial and appellate experience and regularly appear before provincial and federal courts all the way to the Supreme Court of Canada, as well as before administrative tribunals. Our litigators are highly ranked in such prestigious directories as Chambers and Lexpert.
Clients benefit from substantial cost savings through our extensive use of administrative and technical resources:
- Experienced paralegals who handle all document-intensive files efficiently and cost-effectively
- Litigation-support software applications that simplify case management of large files
- Dedicated legal research team and customized enterprise data bank that permits rapid retrieval of research, legal opinions, draft proceedings and contracts
Services
- Administrative law and regulatory matters
- Admirality and maritime law
- Advertising and marketing law
- Advocacy
- Arbitration - domestic and international commercial
- Banking and financial products
- Bankruptcy, insolvency and restructuring
- Broker/Dealer liability
- Charter remedies
- Civil law and common law
- Class actions
- Commissions of inquiry
- Competition law
- Constitutional law
- Construction law
- Contract disputes
- Coroner's inquests
- Corporate and commercial
- Customs and international trade
- Electronic commerce and new technologies litigation
- Employment contracts
- Energy and natural resources law
- Environmental
- Food and drug regulation
- Franchising
- Injunctions and other exceptional remedies
- Insurance and professional liability
- Intellectual property litigation
- Judicial review
- Language legislation
- Libel, defamation and media
- Maritime and land boundary delimitations
- Mediation and other alternative dispute resolution methods
- Medical malpractice and personal and bodily injury claims
- Parliamentary committees and commissions
- Penal and disciplinary matters
- Privacy and access to information
- Product liability
- Public law
- Real estate
- Realization on secured assets
- Securities litigation
- Seizures before and after judgment
- Shareholders' disputes and oppression remedies
- Transportation law
- Wrongful dismissals
Client Work
Visa Canada Integrates with Visa International
Represented Visa Canada in Visa enterprise's 2007 global restructuring program.
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Bombardier-Alstom Litigation
Represented Bombardier in successful litigation against Alstom Canada Inc. over the award of a $1.2 billion contract for the renewal of 336 subway cars in Montreal.
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Montréal Exchange Floor Traders Claims Dismissed
Ogilvy Renault succeeded in obtaining the dismissal of a multi-million dollar claim.
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World Wide Mineral Commences Arbitration Against Republic of Kazakhstan
Represented World Wide Mineral Ltd. in its commencement of a new arbitration against the Republic of Kazakhstan and its nuclear agency, JSC National Atomic Company Kazatomprom.
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Events
E-Document Management and Discovery
Kelly Friedman and Karen Whibley speak on key litigation support roles and protecting privilege in e-discovery, respectively.
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Publications
Passport for Business - Summer 2008
Cross-border business and legal issues with a distinctly Canadian perspective.
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Summary of the Quebec Court of Appeal Decision in the BCE Matter
On May 21, 2008, the Court partially allowed the debentureholders' appeal and set aside the Superior Court's approval of the plan of arrangement, casting a great deal of doubt on the likelihood that the transaction can be completed as planned.
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Battle of the Forms and Jurisdiction Clauses
Is it possible for a jurisdiction clause to apply to a contractual relationship even though the clause appeared in fine print on standard-form documents issued only after the initial offer and acceptance?
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National Class Actions in Canada - The Supreme Court Grants Leave to Appeal in Canada Post Corporation v. Michel Lépine
The Supreme Court of Canada's decision to grant leave to appeal on this issue may lead to new guidance as to the role of Canadian courts in national class actions and the legal principles underlying national class actions in Canada.
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Preserving Solicitor-Client Privilege When Engaging a Public Relations Firm
Preserving Solicitor-Client Privilege When Engaging a Public Relations FirmFebruary 21, 2008 February 2008 Litigation Product Liability Recall and Crisis Management When confronted with significant litigation or a major...
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Litigation News
The Supreme Court of Canada's recent judgment in the case of ABB Inc. v. Domtar Inc.[1] represents a landmark decision on sellers' and manufacturers' liability in Quebec.
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Ogilvy Renault Annual Review 2006
2006 was an exciting year for our clients, lawyers and agents. We are particularly proud of our client-focused approach to providing service-a perspective clearly appreciated by those we serve.
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Ontario Court of Appeal Overturns Denial of Certification in Foreign Exchange Class Action
On November 14, 2007 the Ontario Court of Appeal released its decision in Cassano v. The Toronto-Dominion Bank,[1] certifying a class action alleging that Toronto-Dominion Bank ("TD") breached its contract with credit card holders by failing to ...
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Supreme Court of Canada Affirms Dismissal of Danier Leather Shareholder Class Action
The Supreme Court of Canada issued its decision in the shareholder class action suit Kerr v. Danier Leather Inc.
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Ontario Superior Court Certifies Class Action Against Health Canada
On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health), certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities under ...
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Ontario Superior Court Certifies Class Action Against Health Canada
On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health),[1] certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities...
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Markson v. MBNA Bank: The Ontario Court of Appeal Broadens the Scope of Aggregate
The Ontario Court of Appeal recently released its decision in Markson v. MBNA Canada Bank. This is a class action based on the allegation that certain credit card fees and interest charges amounted to a criminal rate of interest.
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Litigation News
Recent decisions in the area of class actions appear to have lowered the bar for plaintiffs seeking to certify class actions in Ontario.
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The Supreme Court of Canada's New Approach to Interjurisdictional Immunity and Paramountcy
On May 31, 2007, the Supreme Court of Canada released two long-awaited and important decisions - Canadian Western Bank v. Alberta and British Columbia (Attorney General) v. Lafarge Canada Inc.
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Resource Development and the Duty to Consult and Accommodate Aboriginal Peoples: Ontario Superior Court Takes On a Major Supervisory Role
The Superior Court of Justice of Ontario affirmed in two recent rulings that the duty to consult and accommodate the concerns of an Aboriginal community whose rights could be affected by mineral exploration activities arose from the time those...
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Doing Business with Foreign States and State Companies
Doing business with foreign states can be very attractive for Canadian firms. States can award lucrative contracts on a scale uncommon in the business world.
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Duty to Consult and Accommodate Aboriginal Peoples: Impact on the Mining Industry in Canada
In November 2004, the Supreme Court of Canada ruled, in Haida and Taku River, that the federal and provincial Crown has a duty to consult Aboriginal peoples and to accommodate their concerns even before Aboriginal title or rights claims have been decided.
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Litigation News
On January 25, 2007, the Supreme Court of Canada released its decision in Double N Earthmovers Ltd v. Edmonton.
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Canada's New Chemical Management Plan
In December 2006, the federal government introduced Canada's new Chemical Management Plan (the "Plan"), intended to improve the degree of protection in Canada against chemicals that are considered hazardous to the environment and human health.
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Quebec Court of Appeal Provides Guidance on Conditions for Authorization of Class Action
After almost nine months of deliberation, the Court of Appeal has just handed down its decision in the Agropur case.
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Permission to search
On 27 July 2006, Canada's highest judicial instance rendered its first decision1 on Anton Piller2 Orders (APO), an effective remedy often used by intellectual property rights owners to preserve evidence in their fight against counterfeit products.
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Important Supreme Court of Canada Decision on Receiver Liability as a Successor Employer
On July 27, 2006, the Supreme Court of Canada released its decision in The Industrial Wood & Allied Workers of Canada, Local 700 v.GMAC Commercial Credit Corporation of Canada et al. dealing with, among other things, the authority of Bankruptcy Courts...
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Litigation News
In Canada 3000 Inc., Re; Inter-Canadian (1991) Inc. (Trustee of), 2006 SCC 24, the Supreme Court of Canada held that Canadian airport authorities as well as NAV Canada were entitled to seize and detain aircraft operated by airlines that had incurred ...
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New Rules for Ontario Tobacco Retailers
Most Ontarians already know that May 31, 2006 is the day Ontario's ban on smoking in public areas comes into effect.
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Ogilvy Renault LLP 2005 Annual Review
We are pleased to share the following 2005 highlights from our four main practice areas: Business Law, Litigation, Intellectual Property and Employment and Labour Law.
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Ontario Court of Appeal Reverses Danier Decision
Issuers and their advisers can breathe a sigh of relief given the recent and highly anticipated decision of the Ontario Court of Appeal in the shareholder class action suit Kerr v. Danier Leather Inc.[1] On December 15, 2005, the court unanimously ...
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Insurer to indemnify radio station for damages awarded to victim of defamation
In an August 5, 2005 decision, Justice Jean Bouchard of the Quebec Superior Court ordered Chubb Insurance Company of Canada to reimburse its insured, a radio station whose rights had since been acquired by TVA Group Inc., some $948,000, consisting of ...
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Court Likens Relationship of Underwriter's Attorneys with Issuer to Solicitor-Client Relationship
The decision of the Quebec Court of Appeal in Métro c. Regroupement des marchands actionnaires inc.[1] is the first decision handed down by a Quebec court that likens the relationship between an underwriter's attorneys and an issuer to a solicitor...
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Constitutionality of Quebec Class Action Authorization Process Upheld by Appeal Court
On April 29, 2005, the Quebec Court of Appeal released a much anticipated judgment regarding class actions in Quebec.
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Peoples v. Wise: Long-Awaited Guidance on Directors' Duties to Creditors
Directors face important challenges in this post-Enron world of stricter regulation and growing shareholder activism. Now, more than ever, they need firm guidance to help them comply with their legal duties.
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Supreme Court of Canada clarifies the scope of lawyers' professional secrecy obligations
Information exchanged between lawyer and client is not automatically protected by the Quebec civil law concept of professional secrecy.
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2003 Annual Review
Highlights of some of our top cases in Securities, Mergers & Acquisitions, and Litigation.
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2002 Annual Review
In 2002, Ogilvy Renault continued to be at the forefront of significant corporate and commercial litigation. Clients relied on the expertise of our experienced trial lawyers in an array of complex matters, including many class actions and international...
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Reform of Quebec's Code of Civil Procedure: "Fast Track" Becomes the Rule
On June 8, 2002, the Quebec National Assembly adopted the Act to reform the Code of Civil Procedure (S.Q. 2002, chapter 7, Bill 54), which introduces extensive changes to the rules of civil procedure.
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The Lobbying Transparency and Ethics Act, S.Q. 2002, c. 23
Send to a contactPrintable Version The Lobbying Transparency and Ethics Act, S.Q. 2002, c. 23December 13, 2002 Litigation GroupIn keeping with similar laws enacted by the Parliament of Canada and the legislatures of certain...
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Media Highlights
Powerhouse Jim Hodgson has Entered the Building
Senior Partner Jim Hodgson, along with associates Robert Blair and Jeffrey S. Percival, joins the Toronto office Litigation Group.
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Meta What?
Kelly Friedman, a partner in the Litigation group, comments on the importance of understanding metadata in an article that appeared in the July 2008 issue of Canadian Lawyer magazine.
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Hodgson's Big Move from Small World
Alan Mark and Robert L. Armstrong were quoted in the Legal Post on the hiring of our newest partner in the Litigation Group, Jim Hodgson. Mr. Hodgson brings two associates with him to the firm, Robert Blair and Jeff Percival.
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Power House Jim Hodgson joins Ogilvy Renault's Litigation Group
Ogilvy Renault is very pleased to announce the addition of Jim Hodgson as a new partner. He will join our Litigation group in Toronto, adding tremendous bench strength as we continue to build and expand our Toronto practice.
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Olivier Kott Celebrates a Great Victory
Olivier Kott, senior partner in the Montréal Litigation Group, was profiled in the Quebec publication, La Presse, addressing Ogilvy Renault's recent Supreme Court victory.
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Patrick Dumberry Releases State Succession to International Responsibility
The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany were some the most dramatic events in recent history.
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Happy ending to the saga of the roof of the Montréal Olympic Stadium
Following an unusually long settlement conference, that lasted five days and was presided by the Honourable Mr. Justice Richard Wagner of the Superior Court, the Olympic Installations Board (OIB), Birdair Inc., Rousseau Sauvé Warren Inc. (RSW) and ...
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Montréal Litigation team wins important victory
We are proud to announce that a team of litigators from the Montréal office, consisting of Jean Bertrand, Éric Dunberry, Marie-Christine Hivon, Christine Lebrun and Andres Garin, won an important victory on May 22, 2007 in the dispute pitting ...
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Ogilvy Renault welcomes a choice recruit to its Litigation team: Pierre-Christian Labeau
Ogilvy Renault is pleased to announce that Pierre-Christian Labeau has joined the firm as a lawyer in the Litigation Group.
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Contacts

Jean G. Bertrand
514.847.4401
jbertrand@ogilvyrenault.com
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Alan Mark
416.216.4865
amark@ogilvyrenault.com
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Éric Dunberry
514.847.4492
edunberry@ogilvyrenault.com
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Sally A. Gomery
613.780.8604
sgomery@ogilvyrenault.com
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Lucie Pariseau
418.640.5017
lpariseau@ogilvyrenault.com
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