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Marc-André Fabien Associé/Partner Montréal

Marc-André Fabien, AdE

Partner Fasken
Jurisdiction Québec, 1982
Language(s) French, English
Office(s) Montréal
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Overview

Marc-André G. Fabien, Ad. E. is a seasoned litigator and Fellow of the American College of Trial Lawyers recognized for his mastery of high-profile complex litigation with frequent high-profile media coverage. He specializes in commercial and shareholders’ disputes, securities litigation and penal proceedings, and litigation involving federal, provincial and municipal bodies. In addition, he is the President of the Canadian Paralympic Committee.

Marc-André appears before all levels of courts, including the Supreme Court of Canada, the Court of Appeal of Québec, the Superior Court, various administrative tribunals, and the International Court of Arbitration for Sport. He also lectured at the Faculty of Law of the Université de Montréal, where he taught the art of advocacy.

His vast experience before the courts has earned him an excellent reputation among the judiciary. He is especially sought for his strategic expertise.

Marc-André G. Fabien, Ad.E., has written several articles on environmental law, property assessment and corporate criminal liability.

In 2012, he was awarded the title of Lawyer Emeritus (Ad.E.) by the Barreau du Québec,  an honour reserved for lawyers known for their outstanding professional career, outstanding contribution to the legal profession, or outstanding social and community standing that has brought honour to the legal profession. Marc-André continues to be involved as a member of various associations, in particular a long involvement with the Canadian Paralympic Committee.

His social involvement has earned him many honours, including the Ensemble Diversity Award, the University of Montréal Law School Alumni Association Award and the 150th Anniversary of Confederation Medal awarded by the Senate.

A Day With...

Litigation Lawyer in Montreal - Marc-André Fabien | Fasken

Achievements

  • Recognized in the Canadian Legal Lexpert Directory in Aviation (Regulation & Liability) , Lexpert 2025 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Regulatory & Public Law, Lexpert 2024 to 2026
  • Recognized nationwide as a Leading Individual in Litigation and Dispute Resolution, The Legal 500 Canada 2024 to 2026
  • Recognized in Alternative Dispute Resolution in Montreal, The Best Lawyers in Canada 2022 to 2026
  • Recognized in Litigation General Commercial and in Litigation: Administrative & Public Law in Quebec, Chambers Canada 2021 to 2026
  • Recognized in Corporate and Commercial Litigation and in Criminal Defence in Montreal, The Best Lawyers in Canada 2021 to 2026
  • Recognized in Administrative and Public Law & International Arbitration in Montreal, The Best Lawyers in Canada 2020 to 2026
  • Recognized in Québec as a Litigation Star, Benchmark Litigation Canada 2019 to 2026
  • Recognized in Municipal Law in Montreal, The Best Lawyers in Canada 2023 to 2026
  • Recognized in the area of litigation - Corporate/Commercial Law by the Canadian Legal Lexpert Directory, Lexpert 2018 to 2025

Experience

  • Québec Court of Appeal confirms unconstitutionality of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime, [Case - Merck and al.], Fasken successfully represented a coalition of major pharmaceutical companies before the Quebec Superior Court and Quebec Court of Appeal to confirm the unconstitutionality and invalidity of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime.
  • Expropriation matter for Cadillac Fairview Limited Corporation and Ivanhoe Cambridge Inc. in connection with the extension of the Société de transport de Montréal’s blue line, [Case - Cadillac Fairview Limited Corporation and Ivanhoé Cambridge inc.], As part of the Société de transport de Montréal’s blue line extension project, Fasken advises Cadillac Fairview Limited Corporation and Ivanhoe Cambridge Inc. on expropriation matters. The Fasken team is composed of Nikolas Blanchette, Marc-André Fabien, Sébastien Richemont and Vincent Belley.
  • Representation of the Judicial Council of Québec in the context of the Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals, [Case - Conseil de la magistrature du Québec], Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals.
  • RAMQ Administrative investigation of Pharmaprix owner-pharmacists, [Case - Pharmaprix /Shoppers Drug Mart/Pharmaciens propriétaires], On October 28, 2013, the Régie de l’assurance maladie du Québec [Québec health insurance board] (the “RAMQ”) opened an administrative investigation of owner-pharmacists working under the Pharmaprix banner. In its investigation the RAMQ sought to determine if Pharmaprix owner-pharmacists had rec...
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Reference to the Québec Court of Appeal regarding the Court of Québec’s financial jurisdiction threshold, as well as the appellate jurisdiction attributed to it, [Case - Conseil de la magistrature du Québec], The Chief Justices of the Superior Court held that section 35 of the C.C.P., which grants the Court of Québec jurisdiction over civil matters under $85,000, as well as the provisions granting appellate jurisdiction to the Court of Québec, are unconstitutional. According to their opinion, section ...
  • Procureur général du Québec et Agence métropolitaine de transport v. Pièces d’autos de Montréal-Nord inc., 2016 QCCS 4620 (Superior Court, Court of Québec and the Administrative Tribunal of Québec), [Case - Confidential Client], Fasken Martineau successfully defended the interests of Pièces d’autos de Montréal-Nord inc. against the Attorney General of Quebec and the Metropolitan Transport Agency (AMT) in an expropriation proceeding. The Superior Court rendered a final judgment in favour of PAMN, confirming the judgments ...
  • Canada Post wins before Quebec Court of Appeal, [Case - Confidential Client], On October 6, 2009, the Court of Appeal of Québec upheld a decision rendered April 30, 2008 by Justice Guy Cournoyer of the Superior Court of Québec, who had himself upheld the acquittal of the Canada Post Corporation (the "CPC) on a charge laid by the Attorney General of Canada (the "AG") before...
  • Ex-president of Jitec fined nearly US$900,000 for insider trading and fraudulent transactions, [Case - Autorité des marchés financiers], On July 31, 2008, the Court of Québec ordered Benoît Laliberté, the former president and principal shareholder of Jitec, to pay nearly $900,000 in fines for insider trading and fraudulent transactions. Last February, Mr. Laliberté was convicted on 41 of the 48 charges laid against him under the Q...

Career & Education

Education

  • LLB University of Montreal

Community involvement

  • President of the Canadian Paralympic Committee
  • Chair of the Board of directors, Collège Stanislas
  • Honorary Chair of the Éducaloi 2018 fundraising campaign
  • Member of the Supreme Court Advocacy Institute
  • Member of the Journées Strasbourgeoises Committee

Memberships & Affiliations

  • Fellow of the American College of Trial Lawyers - 2016

Events

News

  • A Lawyer Serving Extraordinary Athletes, 2/5/2026
  • Marc-André Fabien Elected President of CPC for Second Term, 3/12/2021
  • Droit-inc quotes Marc-André Fabien in an article on diversity, 12/3/2018
  • Fasken Litigators Profiled in Lexpert’s Special Edition on Litigation in Globe and Mail’s ROB, 11/30/2018
  • Marc-André Fabien has been recognized three times for his community involvement, 6/7/2018
  • Droit-inc quotes Marc-André Fabien in an article on the award of scholarships by the Legal Leaders for Diversity Trust Fund, 5/2/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Fasken Cheering Greatness in Action at the PyeongChang 2018 Paralympic Winter Games, 3/8/2018
  • EnRoute.AirCanada.com mentions Marc-André Fabien in an article on the Air Canada Foundation’s Sixth Annual Golf Tournament, 10/3/2017
  • Le Devoir quotes Marc-André Fabien in an article on the Superior Court’s challenge to the jurisdiction of the judges of the Court of Québec, 8/24/2017

Publications

  • Responsabilité municipale et gouvernementale, 6/7/2009
  • La théorie de l'expectative légitime ou le silence est-il d'or?, 3/4/2009
  • L'AMF gardienne de la loi, 1/15/2008
  • Voting Day, 1/1/2007
  • La réglementation des courtiers et gestionnaires en valeurs mobilières, 10/18/2006
  • Responsabilité pénale des courtiers et des conseillers en valeurs mobilières, 1/1/2006
  • Délais de rigueur, Loi sur la fiscalité municipale, 3/1/2005
  • Voting Day, 1/1/2005
  • Beware of the green police!, 1/1/2004
Article Responsabilité municipale et gouvernementale
Article La théorie de l'expectative légitime ou le silence est-il d'or?
Article L'AMF gardienne de la loi

Speaking Engagements

  • Demonstration: Why decision is/is not reasonable, 1/18/2017
  • Demonstration: Why process was/was not fair, 1/17/2017
  • Strasbourg Lectures 2016 (Les Journées Strasbourgeoises 2016), 6/26/2016
  • Business Issues: Future Outlook, 4/28/2015
  • La théorie de l'expectative légitime ou le silence est-il d'or?, 3/4/2009
  • Regulations Governing Stockbrokers and Securities Managers, 10/18/2006
  • Délais de rigueur, Loi sur la fiscalité municipale, 3/1/2005
  • Processus de contestation et de négociations, 1/1/1995
  • Police verte : enquêtes et inspections. Que faire?, 1/1/1995
  • Le droit pénal et règlementaire en matière environnementale, 1/1/1994
Demonstration: Why decision is/is not reasonable Dealing Effectively with Judicial Review: Seminar in Administrative Law organized by the Canadian Institute for the Administration of Justice (CIAJ) location location Quebec Hôtel Château Laurier
Demonstration: Why process was/was not fair Dealing Effectively with Judicial Review: Seminar in Administrative Law organized by the Canadian Institute for the Administration of Justice (CIAJ) location location Quebec Hôtel Château Laurier
Strasbourg Lectures 2016 (Les Journées Strasbourgeoises 2016) Lecture Chair - Strasbourg Lectures 2016 organized by the Canadian Institute for Advanced Legal Studies. location location Strasbourg Hilton International Hotel