Max R. Bernard, Ad. E.

Senior counsel

Bar of Québec – 1970


Max R. Bernard focuses his practice on commercial litigation, construction law, commercial real estate, securities brokerage and banking. He has handled various types of commercial and contractual claims and shareholder remedies. Additionally, he has acted for securities brokers and negotiated construction contracts, including agreements with professional consultants. His expertise in real estate law extends to development, financing, work-outs, management and leasing. In the banking field, he has been involved in work-outs and insolvency proceedings. Acknowledged for his expertise, he is often called upon as a dispute arbitrator.

Representative work

In the early stages of his career, Mr. Bernard represented the Inuit of Quebec in proceedings that resulted in the first modern native land-claims settlement in Canada.

Mr. Bernard has represented the following clients:

Hydro-Québec, in a claim of over $100 million, involving the construction of a hydro-electric generating station and associated works, and in several other matters.

NEG Micon Canada Inc., one of the world’s largest wind turbine manufacturers, in a $150 million arbitration proceeding concerning the Cap-Chat and Matane wind farms in Quebec (100 MW), a project known worldwide for its climate-related complexities.

Coopers & Lybrand in litigation resulting from the collapse of Castor Holdings Ltd., presently the most important Canadian case involving the liability of auditors.

Canada’s leading securities brokerage firms in respect of individual client claims.

A leading manufacturer of wind turbines in respect of certain North American projects.

Conferences and publications

Author, « L’invincible conseiller en placement » (The Invincible Investment Dealer), Meredith Memorial Conferences, 1983-84, and Speaker, “The Invincible Investment Dealer – Round Two,” May 27, 2013.

Speaker, “The Invincible Investment Dealer – Round Two,” May 27, 2013

He has also participated in a number of conferences as both a speaker and moderator.


B.C.L., McGill University, 1969

B.A., McGill University, 1966

Awards and recognition

Barreau du Québec (Emeritus Lawyer – 2010)

American College of Trial Lawyers (Fellow – 2003)

Canadian Legal Lexpert® Directory (Leading Practitioner in Corporate Commercial Litigation)

The Best Lawyers in Canada (since 2006) (Alternative Dispute Resolution, Construction, Bet-the-Company Litigation, Corporate and Commercial Litigation)

Rated “AV Preeminent®” by Martindale-Hubbell, their highest level of professional excellence and ethics, according to peer review.

Mr. Bernard has served as an officer of the Montreal Bar and as President of the Lord Reading Law Society.

Professional associations

Barreau du Québec

Canadian Bar Association

American College of Trial Lawyers