Davies

Marc-André Boutin

Marc-André Boutin is a partner and trial lawyer in the Litigation practice, specializing in commercial law. He is also a partner in the Financial Restructuring & Insolvency and Environmental practices. His cases frequently involve novel issues and major stakes for the parties.

He has a marked interest in commercial contracts, real estate, construction and environmental matters (including in the context of class actions and restructuring of businesses). He has also acted for clients in several cases in matters of commercial fraud and recovery, defamation, civil liability, securities, acquisitions and competition law.

Marc-André has represented clients before courts of all instances, including on several occasions before the Supreme Court of Canada and in arbitration.

Representative Work

  • Acting for an important real estate promoter in a case relating to the construction of residential towers worth in excess of $100 million in downtown Montréal.

  • Acting for a real estate holding company in relation to the litigious sale of a major development site in downtown Montréal worth $28 million.

  • Acting for an important ski resort in relation to a litigation case involving a real estate project on the mountain.

  • Acting for Samson Bélair/Deloitte & Touche Inc. as receiver in relation to the environmental aspects of the restructuring of Abitibibowater, including the sale of real estate properties in several provinces.

  • Acting for Agence métropolitaine de transport (AMT) in defence to a multi-million dollar class action instituted on behalf of train users as a result of alleged delays in the train service on two of AMT's train lines.

  • Acted for Barrick Gold Corporation in its action against Les Éditions Écosociété Inc. claiming compensatory, moral and punitive damages.

  • Acted for the Université du Québec à Montréal (UQAM) in connection with the restructuring of the Ilot Voyageur project worth in excess of $300 million.

  • Acted on behalf of Cinar Corporation in significant litigation in Canada and elsewhere involving the recovery of in excess of $100 million in relation to certain unauthorized transactions effected by past directors and officers of the corporation. This litigation also involved multi-jurisdictional safeguard, enforcement and liquidation proceedings.

  • Acted for Cinar Corporation and its affiliates, in the context of a litigation for over $100 million in damages, where an ex parte worldwide asset freezing injunction was obtained against two defendants who were the companies' past directors, Ronald Weinberg and the Estate of his late wife Micheline Charest, and related parties. Leave to appeal this decision was denied by both the Québec Court of Appeal and the Supreme Court of Canada.

  • Acted for the Québec Business Council on the Environment in connection with its intervention before the Supreme Court of Canada in St. Lawrence Cement, the first environmental class action case emanating from Québec which the Supreme Court agreed to hear since the inception of the class action regime in Québec.

  • Acted for Domfer Metal Powders Limited where the Supreme Court of Canada (SCC) granted leave to appeal to Domfer in the case of Comité d'environnement de Ville Émard (C.E.V.E.) and Patrice Michaud v. Domfer Metal Powders Limited (an environmental class action).

  • Acted for General Woods & Veneers Ltd. in relation to a class action suit for approximately $17.5 million for damages resulting from the alleged dust, noise and odour emission.

  • Acted for Pharmascience Inc. before the Superior Court of Québec, the Québec Court of Appeal and the Supreme Court of Canada in proceedings against the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents.

  • Acted for Cinar Corporation by successfully obtaining judgments on behalf of Cinar and its affiliates from the Superior Court and Court of Appeal ordering Paquette & Associés to pay the proceeds from the sale of the residences of Ronald Weinberg (which amounted to over $4 million) to the Weinbergs' creditors, including in particular, Cinar.

  • Acted for Doëllken-Woodtape Ltd. with respect to an emission sampling campaign by the City of Montréal and to the ensuing statements of offences.

  • Acted for Future Electronics Inc. in the successful challenge of a search warrant issued at the request of the FBI pursuant to the Mutual Legal Assistance in Criminal Matters Act (before the Superior Court and Court of Appeal of Québec and the Supreme Court of Canada).

  • Acted for the Caisse de dépôt et placement du Québec in the successful representation in its litigation relating to its successful takeover bid for Vidéotron Ltd., a major Québec cable company.

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Recognition

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Professional Affiliations

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Canadian Bar Association

Board Memberships

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Community Involvement

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  • Non-voting Chair of the Student Tribunals at Concordia University

Teaching Engagements

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Speaking Engagements

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Marc-André has spoken at numerous conferences on a variety of subjects, including:

  • May 17, 2012 – Davies Academy – Montréal – Environmental Law for Corporate Decision Makers
  • April 16, 2012 – CCCA National Spring Conference – Montréal – Bracing for Canada’s New Product Liability Legislation
  • April 2, 2009 – 6th National Symposium on Class Actions – Toronto – Environmental Class Actions: Has the Supreme Court of Canada Opened the Door Wider?
  • April 30, 2009 – Symposium of the Young Bar Association of Montréal – Montréal – Recent Developments of Interest for Corporate Law Practitioners.
  • April 30, 2009 – Symposium of the Young Bar Association of Montréal – Montréal – Recent Developments of Interest for Corporate Law Practitioners: Environmental Liability in the Aftermath of St-Lawrence Cement.
  • May 22, 2009 – Air & Waste Management Association – Montréal – Ciment du St-Laurent: responsabilité pour émissions atmosphériques.
  • June 5, 2009 – Canadian Institute – Montréal – Governmental and Municipal Liability – Risk Management to Prevent and Defend Against an Increase of Lawsuits and Claims.
  • October 8, 2009 – Davies Academy – Montréal – Recent Developments in Environmental Class Actions in Québec.
  • November 28, 2008 - Insight Conference – Montréal – Environmental Class Actions in Québec: Understanding the New Issues to Better Protect Your Business.

Articles and Publications

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Marc-André writes regularly on litigation matters and is the author of "St. Lawrence Cement: Has the dust settled?", published in the Annual Review of Civil Litigation 2010.

Marc-André Boutin
Marc-André Boutin
Partner
Office:
Montréal
Tel:
514.841.6527
Email:
maboutin@dwpv.com
Bar Admissions:

Québec, 1998

Education:

Université de Montréal, LL.B., 1997