Jean G. Bertrand

Biography

Jean Bertrand is a member of the firm's Executive Committee and is National Chair of the Litigation Group. He focuses on commercial and corporate litigation, as well as class actions and arbitration, and on administrative law, with emphasis on regulated activity such as competition, transportation, international trade and energy.

He has appeared frequently before Quebec and federal courts, including the Supreme Court of Canada, as well as before regulatory boards such as the Commission des transports du Québec, the Régie de l'énergie, the Competition Tribunal, the Canadian International Trade Tribunal (and its predecessors), and the National Energy Board. He has also appeared before parliamentary commissions and other government bodies regarding proposed changes to legislation or to government policies. He has extensive experience representing the Canadian and Quebec governments in negotiations with First Nations peoples.

From 1992 to 1993, Mr. Bertrand was one of 25 Canadian experts eligible to sit on Binational Panels under Chapter 19 of the Canada-U.S. Free Trade Agreement.

Mr. Bertrand was also a lecturer and examiner at the Quebec Bar Admission Course from 1987 to 1993.

Year of Call

• Quebec Bar 1982

Law School

• LL.L., Université de Montréal, 1981

Selected Client Work

Competition

• Acted for the Competition Bureau before the Competition Tribunal and the appellate courts in the dispute involving Air Canada and Canadian Airlines International over the merger of their computer reservation systems into Gemini
  

Corporate commercial

• Acting for Quebecor Media and Videotron in their claim of insider-trading against a former executive
• Acted for the U.S. computer giant Amdahl Corporation in a dispute pertaining to the interpretation of the "coattail" provisions of its bylaws in the context of the takeover bid for DMR Group
• Acted for CFCF in proceedings before the Quebec courts against certain of its shareholders, including Cogeco and Oppenheimer & Co., in the context of a sale of its assets and ultimately, the takeover of CFCF by Videotron
• Acted for Metro-Richelieu, Alcan and Domtar before the Quebec courts in the context of their respective corporate reorganizations through arrangements with their shareholders
• Acted for Immeubles Graybec in a dispute over the interpretation of a right of first refusal as between shareholders, which was ultimately adjudicated by the Supreme Court of Canada
• Acted for Bombardier in a dispute with Alstom Canada over the award of a $1.2 billion contract for the renewal of 336 subway cars in Montréal
• Acted for various public issuers and some of their executives in the context of inquiries by the AMF, Quebec's securities regulator, into questionable tradings

Aboriginal

• Acting as negotiator for the Government of Quebec in its discussions with the Innu First Nations of Quebec regarding their comprehensive land claim
• Acted for the Government of Canada in the negotiation of a comprehensive land claim with the Mohawks of Kanesatake (1990-93)
• Acted for the Government of Quebec in negotiations with the Cree of James Bay pertaining to the implementation of the James Bay Agreement
  

Energy

• Acted for Hydro-Québec regularly before the National Energy Board in connection with the approvals required to give effect to multibillion dollar long-term electricity export contracts with the United States
• Acted for Hydro-Québec before the Joint Review Panel for the Sable Island offshore gas projects off the Nova Scotia coast
• Acted for Hydro-Québec in the context of several claims flowing from the 1998 Quebec ice storm, including a multibillion dollar AAA international commercial arbitration against a group of Vermont utilities
• Acted for the Province of Nova Scotia in the context of the arbitration of a dispute with the Province of Newfoundland and Labrador over their respective offshore areas and natural resources
• Acted for the Inter-American Development Bank in the modernization of the Haitian electricity industry

Judicial Review

• Acted for Hydro-Québec on several occasions before the Federal Court (Appeal Division) and the Supreme Court of Canada in judicial review matters and appeals from decisions of the National Energy Board
• Acted for the Quebec Bar before the Quebec Superior Court opposing the constitutional challenge to the Code of Ethics by one of its members
  

Class Actions

• Acting for GSK in class action proceedings pertaining to its antidepressant Paxil
• Acting for Mattel in class action proceedings and other litigation following its recall of toys allegedly containing lead-based paint
• Acting for Emergis in class action proceedings seeking reimbursement of allegedly unwarranted service charges imposed on a group of pharmacists
• Acted for ADM and Lonza AG in class action proceedings seeking damages as a result of alleged conspiracies to fix prices in the vitamins industry and in the markets for lysine and citric acid
• Acted for Nortel Networks in class action proceedings following restatements of its financial results
  

Speaking Engagements

• Regularly invited to give conferences on a variety of topics pertaining to law and business

Rankings and Recognitions

• Best Lawyers in Canada - Director and Officer Liability, 2008
• Best Lawyers in Canada - Corporate and Commercial Litigation, 2008
• Best Lawyers in Canada - Class Action Litigation, 2008
• LEXPERT Canadian Lawyers' Directory: 
  
  • Litigation - Directors and Officers' Liability
  • Energy (Electricity)
  • Litigation - Corporate Commercial
  • Litigation - Class Actions
  • Transportation (Road & Rail)
• Chambers Global: 
  • Dispute Resolution (Quebec)
• Best Lawyers in Canada: 
  
  • Class Action Litigation
  • Corporate and Commercial Litigation
  • Director and Officer Liability
  • Securities Law

Memberships and Activities

• Fellow, American College of Trial Lawyers
• Fellow, Litigation Counsel of America
• Bar of Montreal
• Canadian Bar Association
• American Bar Association
• Canadian Transport Lawyers' Association (CTLA) - Past president (1999)
• Transportation Lawyers Association (TLA)
• Quebec Bar - Member of the Class Actions Committee (2006-    )