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PatrickOuellet

Patrick
Ouellet

Member of the Quebec Bar since 1999

Languages: French, English

A prominent litigator in Quebec, Patrick Ouellet is renowned for his expertise and experience in large-scale litigation and dispute resolution in a variety of industries. He has earned a reputation for achieving concrete and advantageous results before the courts, both at the trial level and on appeal or before administrative or arbitration tribunals. Patrick is active in commercial, civil and corporate litigation. He has extensive expertise in Securities, Telecommunications, Class Actions, Construction, Directors & Officers Liability and Shareholder Disputes, in which he leads several significant cases.

In two decades of practice, Patrick has joined the distinguished group of leading litigators in Quebec and Canada. He is consistently recognized as a leader by Lexpert, Chambers, Benchmark Litigation, Best Lawyers in Canada, all of which conduct extensive peer and, in some instances, client surveys. He is among the top 50 litigators in Canada according to Benchmark Litigation and among the 500 leading lawyers in Canada across all practices according to Lexpert. He is also a Fellow of the American College of Trial Lawyers (ACTL) and of the Litigation Counsel of America, both prestigious organizations which bring together the best litigators in the United States and Canada.

Partner at Woods since 2006, Patrick has taught evidence law at the Quebec Bar School. He was a lecturer in law at McGill University and the Université de Sherbrooke. He is also a sought-after speaker and author.

   

Recent distinctions (2020)  

        

                   

   

// REPRESENTATIVE MANDATES

Litigation

Securing awards in damages in excess of $82M in capital against a satellite television broadcaster for having neglected to act to eradicate the piracy of its television signals, in Vidéotron s.e.n.c. v. Bell ExpressVu LP, 2015 QCCA 422.

Obtained a judgment on appeal upholding the Superior Court decision in favour of our client, the National Bank of Canada, which clarified the nature of wire transfers in Quebec law, in Compagnie d'assurances générales Co-Operators v. Coop fédérée, 2019 QCCA 1678.

Securing an important award in damages in our client’s favour, from the Court of Appeal, following misrepresentations in the course of the sale of a company, in Soft Informatique Inc. v. Gérard Bluteau Inc., 2014 QCCA 2330.

Securing the issuance of a provisional injunction, a safeguard order and obtaining a final judgment from the Régie de l’énergie (Quebec Energy Board), to prevent the dismissal of a bid for illegal reasons as part of a program for the purchase of electricity produced by cogeneration from residual forest biomass, in Domtar v. Hydro-Quebec, file R-3820-2012, decisions D-2012-162 and D-2013-058.

Successful contestation of a claim in professional liability against engineers having conceived hydraulic works, in Rendez-vous à la rivière pour l’an 2000 v. GENIVAR inc., 2011 QCSC 7215; J.E. 2012-220.

Securing substantial awards in damages against a Quebec public body, acting as administrator of pension plans, in favour of 39 retired plaintiffs following the transmission of misleading information, in Myette v. Carra, J.E. 2005-57; [2009] R.R.A. 1109; 2010 QCSC 727; 2010 QCCS 2797.

Successful contestation of a claim for judicial review and reinstatement in the hospital and university fields, in Khalifé v. Centre Universitaire de Santé McGill, 2010 QCSC 5386.

Granting and execution of a provisional Anton Piller type order following fraud in the broadcasting field, 755-17-001234-106 (S.C.).

Class Action

Obtained a judgment on appeal confirming the dismissal of an Application for Authorization to Institute a Class Action against our client, Videotron s.e.n.c., in which the plaintiff contested the absence of notification after the end of a promotional period resulting in billing at the regular price, in Benabu v. Bell Canada et al., 2019 QCCA 2174.

Obtained the dismissal of an Application for Authorization to Institute a Class Action against our client, Videotron L.P. The plaintiff was challenging Télébec and Videotron's practices of charging contract cancellation fees and the terms and conditions of renewal of fixed-term contracts, in 9238-0831 Québec Inc. (Caféier-Boustifo) v. Télébec et al, 2019 QCCS 3784.

Obtained the dismissal of an Application for Authorization to Institute a Class Action aimed at obtaining compensations in regards to rebates that were presented by the Plaintiffs as disguised fees in mobile monthly plans and compensations in regards to imposed fees to unlock cell-phones, in Marie-Kim Harvey & al. v. Vidéotron G.P. & al.,2019 QCCS 2994,.

Acted as Barrister for the Plaintiffs in the first ever Franchisee-Franchisor Class Action authorized in the province of Quebec, in Sopropharm v. Groupe Jean-Coutu (PJC) inc., 2018 QCCS 4907.

Successfully challenging the Authorization to Institute a Class Action brought against our client, Videotron, alleging false representations with respect to the sale and offer for sale of additional warranties to consumers, in Cantin v. Ameublements Tanguay Inc. et al., 2016 QCCS 4546.

Successfully challenging the authorization to institute a class action brought against an engineering firm by a group of citizens to compensate delays in the construction of an overpass, in Oubliés du viaduc de la Montée Monette v. Consultants SM Inc et al., 2015 QCCS 3308.

Successful contestation of a class action, on the merits, against a retailer in the field of movie rentals, in Buonamici v. Blockbuster Canada Co. [2007] R.J.Q. 776 (C.A.); AZ-50271216 (S.C.).

// DISTINCTIONS

  • Fellow of the American College of Trial Lawyers (ACTL)
  • Fellow of the Litigation Counsel of America
  • Named “Litigator of the Year” by Benchmark Canada in 2016 and 2018
  • Named Lawyer of the year 2021 in Corporate and Commercial Litigation by The Best Lawyers in Canada

Annually recognized by:

  • Benchmark Litigation Canada as one of the Top 50 Trial Lawyers in Canada since 2017 and as Litigation Star
  • The Best Lawyers in Canada as a leading practitioner in the fields of corporate and commercial litigation, appellate practice, Bet-The-Company Litigation, director and officer liability practice,  class actions and construction law
  • Canadian Legal Lexpert® Directory since 2014 ranked in 2019: Litigation – General Commercial, Class Actions, Litigation – Directors’ & Officers’ Liability, Litigation – Securities, Professional Liability
  • Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers
  • Lexpert® ROB/Special Edition Litigation
  • Lexpert® American Lawyer Guide to the Leading 500 Lawyers in Canada
  • Chambers Canada in Litigation: General Commercial (Quebec) – Band 3 describing him as: “absolutely brilliant in court and brilliant in strategy…he has that edge that makes a difference." (2020), "he is very impressive", "he is a brilliant advocate in the courtroom and very level-headed." (2021)

// PROFESSIONAL ACTIVITIES AND ASSOCIATIONS

Professional activities

  • Since 2016:  Governor of the Quebec Bar Foundation
  • 2010-2015:  Bar School, teacher, Evidence in Civil Cases
  • 2004:  Lecturer at McGill University, Faculty of Law, Civil Litigation Workshop
  • 2002-2013:  Lecturer at McGill University, Faculty of Engineering, Law for Architects and Engineers
  • 1997-1998:  Lecturer at University of Sherbrooke, Faculty of Law, Human Rights Law

// EDUCATION

2004     The Techniques of Trial Advocacy
Intense Seminar, Sherbrooke

1998      Université de Sherbrooke
Bachelor of Law, LL.B.
Mention of Excellence - graduated in the top 10 percentile

// PUBLICATIONS AND CONFERENCES

Consumer Class Actions – Impact of the Supreme Court of Canada decision in Richard v. Time, Patrick Ouellet, Colloque national sur l’action collective, Barreau du Québec, Montréal, 2018;

La limitation des dommages-intérêts dans le cadre d’un recours statuaire selon les articles 225.2 et suivants de la Loi sur les valeurs mobilières – fiction ou réalité? Patrick Ouellet et Éloïse Noiseux, Développements récents en litige de valeurs mobilières, Barreau du Québec, Montréal, 2017;

Réclamations pour les cas de retards de chantiers : le recours collectif de la Montée Monette, Patrick Ouellet, Super conférence sur la construction, L'institut Canadien, Montréal, 2015.

La responsabilité des administrateurs et des dirigeants d’entreprises en matière de fusion et d’acquisition, Patrick Ouellet, Federated Press Conference, 3d Lecture on Liability of Directors and Officers, Montreal, 2012.

De certaines particularités des recours entrepris suite à des propos diffamatoires tenus à l’encontre de personnalités publiques, Patrick Ouellet, Les Éditions Yvon Blais Symposium, Libel and Freedom of Expression, Montreal, 2008.

L'infraction réglementaire du courtier en valeurs mobilières peut-elle être synonyme de responsabilité civile?, Patrick Ouellet, Insight Conference on Regulation of Brokers and Managers in Securities, Montreal, 2006.

The Supreme Court of Canada Decision in Laflamme v. Prudential – Bache Commodities Canada Ltd., Patrick Ouellet, vol VIII, no 1, Corporate Litigation, Federated Press, 2005.

Les recours collectifs à défendeurs multiples : étude de droit comparé, Patrick Ouellet, Insight Conference on Class Actions, Montreal, 2005.