In addition to serving major firms in conflict of interest cases, our lawyers practice in the following specialized areas:
- 1. Defending professionals in civil liability matters (professional liability)
DEFENDING PROFESSIONALS IN CIVIL LIABILITY MATTERS
We mainly defend physicians sued in civil liability. Through their extensive experience in the field, our lawyers have developed an in-depth knowledge of many scientific issues, of the judicious use of experts and of all the legal strategies for professional liability cases.
This field of practice has allowed us to develop a solid reputation as litigators in the legal community and vast experience before the courts (Superior Court, Court of Appeal, Court of Québec).
- 2. Representing professionals in dealings with their professional corporation (disciplinary law)
REPRESENTING PROFESSIONALS IN DEALINGS WITH THEIR PROFESSIONAL CORPORATION
When a professional corporation communicates with one of its members concerning an investigation, that person’s professional practice may be in jeopardy. Professionals faced with such a situation naturally feel great anxiety and seek answers to their many questions as well as dependable support.
Thanks to its solid experience in disciplinary law, combined with a thorough knowledge of the professional corporations, our firm stands out as a reference in any investigative process by a professional corporation. We have extensive experience in early intervention in the process initiated by the corporation and know how to act tactfully and firmly. Appeal procedures before the Professions Tribunal or judicial review proceedings before the Superior Court are also part of our services.
We advise and represent professionals in the following contexts, amongst other:
• professional inspection
• syndic’s investigation
• disciplinary complaint
• motion for re-entry on the roll
- 3. Defending freedom of speech
DEFENDING FREEDOM OF SPEECH
We specialize in defending freedom of speech, either for large media companies or individuals brought to trial for exercising this right. We regularly oppose publication bans or act in defense in defamation lawsuits.
- 4. Representing corporate officers and senior executives (labour law, life insurance and disability insurance)
REPRESENTING CORPORATE OFFICERS AND SENIOR EXECUTIVES
Corporate officers, whatever the size of the organization, will feel isolated if they end up in opposition to that company after their relationship of employment is severed. We understand executives’ needs since we have been assisting individuals with heavy responsibilities for over twenty years.
Our goal is to obtain the best possible result for our clients while ensuring that their reputation is maintained and minimizing the repercussions on their career and their personal life. Through our approach that combines tact and firmness, our early intervention in difficult situations can prove decisive.
We also represent executives when their former employer alleges a breach of a non-competition clause. It is just as important to protect the executive’s reputation and employment in such cases.
In addition, we advise executives or their estate in disputes regarding compensation by the insurer in cases of disability or death. Our expertise in the medical field is then a major advantage for our clients.
- 5. Representing and advising businesses in insurance litigation
REPRESENTING AND ADVISING BUSINESSES IN INSURANCE LITIGATION
Fortunately, companies may get the insurance coverage required by their activities to minimize their risks. Unfortunately, insurers may make decisions unfavourable to the company at various stages of a claim, even very early on. Moreover, the complexity of insurance portfolios sometimes makes it hazardous for a company to file a notice of loss and a claim.
We have the required expertise in insurance law to help the company manage the immediate consequences of an event that triggers insurance coverage, from the very first contacts with the insurer’s claims adjusters. The purpose of our advice is to help the company deal with its insurer. In the medium and long term, we can also participate in monitoring the indemnification process and, as needed, institute the necessary proceedings to exercise the company’s rights against the insurer.
We have the expertise to cooperate with the insurer and its lawyers when the company’s potential liability exceeds the level of insurance coverage or when the insurance coverage excludes part of the loss.
- 6. Defending businesses and government agencies in matters of civil liability and administrative law
DEFENDING BUSINESSES AND GOVERNMENT AGENCIES IN MATTERS OF CIVIL LIABILITY AND ADMINISTRATIVE LAW
When a business does not hold insurance protecting it against a situation that triggers its civil liability, our services will help manage it from the start.
For example, some businesses are not insured for liability arising from allegations of defamation (libel or slander), breach of contract, embezzlement, acts or omissions of their directors and officers, or disloyal activities of their employees. Such claims may represent very significant amounts for the company. As well, government agencies are not usually insured for decisions made in the course of activities covered by their mandate. Our lawyers will develop a strategy with the client with all the attention to details required for this type of case in order to investigate the facts.
- 7. Advising and representing businesses on protection of personal information
ADVISING AND REPRESENTING BUSINESSES ON PROTECTION OF PERSONAL INFORMATION
Since the enactment of legislation governing access to information and protection of personal information, businesses must monitor the information they hold much more closely. They sometimes face problems on which we can intervene to avoid litigation. The civil and penal consequences of an offence against privacy protection legislation, including the possibility of class actions, justifies paying serious attention to this protection.
Our firm also has the necessary competencies to represent a business in proceedings before the Commission d’accès à l’information and appeal bodies.
- 8. Our client approach in conflict of interest matters
OUR CLIENT APPROACH IN CONFLICT OF INTEREST MATTERS
Your client is disappointed to learn that you cannot handle one of his cases as usual. You want to refer him to a firm that will reduce the negativity of this episode as much as possible and with which the client will be satisfied. You want the client to come back to you afterwards, satisfied with how you managed the consequences of the conflict.
We are convinced that you have an essential role to play in transferring your client’s file in such cases. The client will be reassured and appreciative that you took the time to explain the relevant elements that can be disclosed to us despite the conflict: business philosophy, identification of the relevant executives and/or employees, explanation of the business area, preferred methods of communication, special billing requirements, etc. We ensure that we obtain this information and we know how to credit your firm for its role in the smooth transition of the file.
In some circumstances, your clients do not require a firm to replace you, but to complement you. For example, your client may need an additional firm to represent a related company when its independence must be preserved or to ensure that different entities are defended based on factors specific to each. In such a case, our great ability to work with your lawyers will make our involvement profitable for your client.
Your clients can count on us in the following fields:
• Commercial insurance and professional liability
• Defamation and information law
• Administrative and public law
• Labour and employment law
• Educational institutions, colleges and universities
• Commercial litigation
• Protection of personal information
• Class actions
• Professional law