Appeals and judicial review
Appeals and judicial review require particular skills: intellectual rigour and extensive legal knowledge, the ability to synthesize complex evidence and, in particular, the instinct and experience necessary to identify and put the proper focus on the issues that can truly convince a court to intervene.
The members of our team are accomplished and enjoy a high level of credibility before the Québec Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada. As such, we are often retained directly at the appeal stage to offer assistance to professionals having acted in first instance or to take over files and maximize the chances of success by reorienting the case.
■ Representation of Atlantic snow crab associations in the context of several judicial review proceedings concerning decisions by the Department of Fisheries and Oceans.
■ Retained to assist Hydro-Québec’s counsel in the Court of Appeal in a case relating to the interpretation of a contract for the purchase of electricity from a plant.
■ Representation of the Republic of Iraq before the Supreme Court of Canada in an appeal raising the issue of sovereign immunity.
■ Representation of a foreign State and a foreign central bank in appeal proceedings against a default judgment recognizing a Dutch judgment and ordering the payment of several million dollars.
■ Representation of the Université de Montréal in judicial review proceedings initiated by students in relation to decisions issued by the University.
■ Representation of a member of the Ordre des comptables professionnels agréés du Québec (Order of Chartered Professional Accountants) in judicial review and appeal of a disciplinary decision.
■ Intervention before the Supreme Court of Canada in a group of cases which led to a major jurisprudential shift by eliminating a plaintiff’s need to first succeed in judicial review proceedings before being able to claim damages from the federal government for the losses resulting from the decision (Canada (A.G.) v. TeleZone Inc. and related files, 2010 SCC 62-67).