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André Durocher, Counsel | Class Actions

André Durocher

Counsel Fasken
Jurisdiction Québec, 1975
Language(s) French, English
Office(s) Montréal
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Overview

André Durocher practises in the areas of class actions, environmental law, energy law, and Indigenous Legal Matters. André is an experienced litigator and defends clients before the civil and penal courts and administrative tribunals.

He has defended clients during class actions in the areas of environmental, consumer protection, competition, food, energy, pension plans, municipal, and Indigenous Legal Matters. He represents pharmaceutical laboratories, railways, airlines, manufacturers, municipalities, and motor racing organizations. 

André defends companies charged with penal environmental offences or subject to administrative remedies, such as actions to revoke environmental permits. He is also asked to intervene in connection with injunctions and Aboriginal land claims.

He is the author of Environmental Class Action in Canada, published in 2018 by Thomson Reuters.

Achievements

  • Recognized in Québec as a Litigation Star, Benchmark Litigation 2018 to 2026
  • Recognized in Environmental Law, Municipal Law and Product Liability Law in Montréal, The Best Lawyers in Canada 2008 to 2026
  • Recognized in Administrative and Public Law, Class Action Litigation and Corporate and Commercial Litigation in Montreal, The Best Lawyers in Canada 2024 to 2026
  • Recognized as Recommended in Product Liability Defence , Lexology Index 2025
  • Recognized in Environment Law by Lexology, Lexology Index 2024 to 2025
  • Recognized as Recommended in Environment, Who's Who Legal Canada 2020 to 2023
  • Recognized in the 2021 Lexpert Special Edition – Energy, Lexpert 2021
  • Recognized in Product Liability Law by the Best Lawyers in Canada, The Best Lawyers in Canada 2018 to 2021
  • Recognized in the area of Class Actions by the Canadian Legal Lexpert Directory, Canadian Legal Lexpert Directory 2021
  • Among the Leading Lawyers in the practice area of Class Action - Defense of Lawday for the year 2009, Lawday.ca
Lexpert Publication name with laurels Lexpert Recognized in the 2021 Lexpert Special Edition – Energy The Lexpert Special Edition: Energy profiles Lexpert-ranked lawyers whose focus is in Energy and relevant practice areas.

Experience

  • Netflix, Spotify and Rogers defended in class action over alleged Consumer Protection Act violations, [Case - Defendants including Spotify Canada Inc., Netflix Inc., Rogers Communications Inc., and Rogers Media Inc.], This is a proposed class action filed by the Applicant Stephanie J. Benabu against 25 Defendants, including Netflix, Spotify and Rogers, for what the Applicant alleges to be a violation of section 230 c) of the Consumer Protection Act which prohibits merchants from requiring a consumer who is off...
  • Guy Ouellet and al. v. Canadian Pacific Railway Company, [Case - Canadian Pacific Railway], Advised Canadian Pacific in connection with a class action following the Montreal Maine & Atlantic train derailment in Lac Mégantic.
  • Héroux-Devtek sells its aerostructure and industrial products operations for US$300 million to Precision Castparts, [Deal - Héroux-Devtek Inc.], On August 31, 2012, Héroux-Devtek Inc. announced that it has completed the sale of substantially all of its Aerostructure and Industrial products operations to Precision Castparts Corp. for 300 million $ in cash. The assets acquired by Precision Castparts Corp. include Héroux-Devtek’s Dorval (Qué...
  • Picard v. Air Canada, [Case - Air Canada], Counsel to Air Canada
  • Ladouceur v. Société de transport de Montréal, [Case - Société de transport de Montréal], Counsel to Société de transport de Montréal
  • Regroupement des citoyens du quartier St-Georges inc. v. Alcoa Canada Ltée, [Case - Canadian British Aluminum], Counsel to Canadian British Aluminum
  • Regroupement des citoyens contre la pollution v. Alex Couture inc., [Case - Confidential Client]
  • Voisins du train de banlieue de Blainville inc. v. Agence métropolitaine de transport, [Case - Confidential Client], On February 21, 2007, Mtre Durocher represented The Canadian Pacific Railway Company in a matter of a class action. Click for more information (in French only - PDF)
  • McColl v. Grand Prix F1 du Canada inc., [Case - Grand Prix F1 du Canada inc], Counsel to Grand Prix F1 du Canada inc.

Career & Education

Education

  • DESS, Administrative Law University of Montreal
  • LL.L. University of Montreal

Memberships & Affiliations

  • Member, New York State Bar Association

Knowledge

  • Critical Minerals and Canada's Arctic Foreign Policy, 2/4/2025
  • Canada Enacts Regulations on Sale of Zero-Emission Light-Duty Vehicles, 12/21/2023
  • Australia’s and Canada’s Critical Minerals Strategies: A Comparison Part 2, 12/13/2023
  • Australia’s and Canada’s Critical Minerals Strategies: A Comparison, 11/27/2023
  • The Place of India in Canada’s Indo-Pacific Strategy – India is Destined for Greatness and Canada Can Help, 10/25/2023
  • The Place of the Association of Southeast Asian Nations (ASEAN) in Canada’s Indo-Pacific Strategy – What the New Tigers Can Offer to Canada and What Canada Can Offer Them, 10/18/2023
  • The Place of Japan in Canada’s Indo-Pacific Strategy – Electronics and Robotics Manufacturers in Japan Need Critical Minerals and Canada Can Supply Them, 10/11/2023
  • The Place of South Korea in Canada’s Indo-Pacific Strategy – Battery Manufacturers in South Korea Will Find Critical Minerals and Clean Power in Canada, 10/4/2023
  • The Manitoba Critical Minerals Strategy, 9/6/2023
  • Ontario Moves to Secure its EV Supply Chain and Automotive Manufacturing Future, 8/8/2023

Events

  • Recent Developments for Critical Mineral Exploration and Development in Arctic Countries, 2/24/2026
  • The Biden Administration: Carbon and Clean Tech Impacts for Canada, 1/19/2021
  • 11/18/2020
  • Cybersécurité et actions collectives: Regards sur le Québec et l'Union européenne, 12/4/2019
  • Overview of key changes to the Environment Quality Act and an analysis of the impacts on your operations, 5/2/2018
  • Litigation 2012 – Class actions in the financial sector, 9/11/2012
  • Montréal Fasken Martineau Symposium (4th Edition), 5/8/2012

News

  • Droit-inc quotes André Durocher in an article on Québec courts that are too “liberal” when authorizing class actions, 12/3/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • Fasken partner publishes environmental law book, 4/27/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • CBC News quotes André Durocher in an article regarding the legal backlash of Canadian companies selling homeopathic remedies, 5/13/2017
  • Solid results from The Best Lawyers in Canada 2017 as Fasken Martineau increases its “Lawyers of the Year”, 8/10/2016
  • The Best Lawyers in Canada 2016: 163 Fasken Martineau lawyers named, 9/1/2015
  • 2015 Lexpert directory recommends 158 Fasken Martineau Lawyers, 6/25/2015

Publications

  • Environmental Class Actions in Canada, 2nd Edition, 8/12/2021
  • Environmental Class Actions in Canada, 4/27/2018
  • What American lawyers and others need to know about privacy law class actions, 6/30/2017
  • Class Actions in Quebec’s Construction Industry, 11/8/2016
  • What U.S. Lawyers Need to Know About Canadian Class Actions, 5/16/2013
  • What U.S. Lawyers Need to Know About Canadian Class Actions, 5/16/2013
  • Environmental Class Actions in Ontario and Québec: A Tale of Two Solitudes?, 11/1/2011
  • Supreme Court of Canada: Class Actions and Municipal Taxes, 10/8/2009
  • Long-anticipated Supreme Court of Canada judgment on class actions, 10/6/2009
  • Class action in probiotic yogurt case : Patricia Wiener v. The Dannon Company, Inc., 1/31/2008

Speaking Engagements

  • Contaminated Sites Liability & Litigation Risk, 4/22/2021
  • Class Actions in the Construction Industry, 12/6/2016
  • Director and officer liability – What you should know about environmental issues, 4/28/2015
  • Creating a GHG emission allowances cap-and-trade system in Québec: What are the obligations and opportunities for Québec businesses?, 5/7/2013
  • The Environmental Issues of Restructuring: Determining Who is Responsible for Contaminated Land During in an Asset Sale Transaction, 10/29/2012
  • Conférence sur la gestion et la planification immobilière au sein du secteur public, 10/25/2010
  • Class Actions: Recent Developments in Québec, Canada and the United States, 10/25/2007
  • 8th Annual National Forum on Class Actions Litigation, 9/17/2007
  • La disparition des recours collectifs sectoriels : les répercussions de l'affaire Bouchard c. Agropur, 9/17/2007
  • New Environmental Responsibilities in Québec, 5/10/2006
Class Actions in the Construction Industry Presented at the 4th edition of the Real Estate Law Seminar (Colloque Droit immobilier) organized by Les Éditions Yvon Blais location location Quebec Hôtel Château Laurier
Director and officer liability – What you should know about environmental issues Workshop - 7th Fasken Martineau Symposium location location Montreal