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Annie Bernard Montréal Partner/Associée

Annie Bernard

Partner Fasken
Jurisdiction Québec, 2003
Language(s) French, English
Office(s) Montréal
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Overview

Annie Bernard's practice focuses on a broad range of complex matters, including construction litigation, arbitration and alternative dispute resolution. She represents clients in almost every sector of the construction industry ranging from owners to general contractors, subcontractors and suppliers on issues involving financing, delay claims, construction defects, project management, professional liability and breach of contract.

She also has extensive experience in issues relating to invitations to tender, legal hypothecs for construction, as well as the conditions under which licenses of the Régie du bâtiment du Québec and authorizations of the Autorité des marchés publics are issued. In the course of her practice, Annie also prepares and revises contractual documentation, such as the CCDC contract forms, and dealing with bond and co-ownership issues.

She has also been involved in the defence of several class action cases for several clients. Currently, Annie is involved in a class action lawsuit stemming from the Canadian ice storm of 1998.

Achievements

  • Recognized in Québec as a Litigation Star, Benchmark Litigation Canada 2025 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Corporate Commercial and in Construction Law, Lexpert 2022 to 2026
  • Recognized in Construction Law and Public Procurement Law in Montréal, The Best Lawyers in Canada 2021 to 2026
  • Recognized in Québec as a Future Star, Benchmark Litigation Canada 2020 to 2026
  • Recognized nationwide in Construction, Chambers Canada 2026
  • Recognized in Corporate and Commercial Litigation in Montréal, The Best Lawyers in Canada 2023 to 2026
  • Recognized by the Canadian Legal Lexpert Directory in Construction Law, Lexpert 2018 to 2023
  • Inducted into the Canadian College of Construction Lawyers, 1/1/2023
  • Named in Benchmark Canada, Benchmark Litigation Canada 2018 to 2019
  • Named by the Lexpert Rising Stars: Leading Lawyers Under 40, Lexpert Rising Star 2017
Chambers & Partners Publication name with laurels Chambers Canada Recognized nationwide in Construction Chambers Canada Guide covers lawyers and law firms practicing in all provinces and territories in Canada.
2023 Inducted into the Canadian College of Construction Lawyers
Benchmark Litigation Publication name with laurels Benchmark Litigation Canada Named in Benchmark Canada Recognized as a leading litigator by Benchmark 40 & Under Hot List

Experience

  • WSP Global completed a $1.15 billion equity offering in connection with the $2.44 billion acquisition of POWER Engineers, [Deal - Syndicate of underwriters led by CIBC World Markets Inc., National Bank Financial Inc. and RBC Dominion Securities Inc.], Fasken represented the underwriters in connection with the public offering portion of a $1.15 billion equity offering by WSP Global in connection with the $2.44 billion acquisition of POWER Engineers.
  • Northvolt Batteries North America succeeded in having an application for an interim injunction dismissed, allowing it to carry out preparatory work on the site of its future manufacturing plant for electric vehicle battery cells, [Case - Northvolt Batteries North America Inc.], Dismissal of an application for an interim injunction.
  • Excavation National secures the stay of the AMP’s decision to place it on the RENA, [Case - Excavation National Inc.], Excavation National suspends registration on the RENA.
  • Artelia acquired FNX-INNOV Inc., [Deal - FNX-INNOV Inc.], FNX-INNOV acquisition by Artelia
  • WSP Global completes a $920 million equity offering, [Deal - CIBC World Markets Inc], Bought deal offering in the strategic advisory, engineering and design services industry.
  • Settlement of a $1.7 million claim for hidden defects in garage doors, [Case - ADF Group], In 2014 and 2015, our client ADF Group Inc. had purchased several garage doors that were manufactured by Overhead Door Corporation and installed by Portes Mackies Inc. for the ADF facility located in Terrebonne, Québec. Shortly after the doors were installed, severe and recurring breakage occurre...
  • Settlement of a claim for reimbursement of instalments paid for the purchase of a penthouse-style unit, [Case - Confidential], This claim was strongly contested.
  • Representation of Reliance Construction of Canada Ltd. in a claim for damages following the termination of a construction contract, [Case - Reliance Construction of Canada Ltd.], Reliance requests that Akelius be ordered to pay it more than $2.4 million for the damages it sustained as a result of Akelius’s breach of contract.
  • Representation of a landlord against unpaid contractor claims resulting from work requested by a tenant, [Deal - Confidential], Several claims have been made by contractors and subcontractors who performed work at the request of a tenant to adapt the premises to the tenant’s specific needs.

Career & Education

Education

  • LLB Université Laval

Community involvement

  • Member, Board of Directors Théâtre Le Clou
  • Secretary, Board of Directors PMI-Montréal

Memberships & Affiliations

  • Member Québec Bar Association
  • Member Montreal Bar Association
  • Executive Member Construction Law Committee of the Canadian Bar Association
  • Junior Montreal Bar Association
  • Member Defense Research Institute
  • Member PMI-Montréal
  • Member American Bar Association
  • Member Canadian Bar Association

Knowledge

  • Securing the Future: Government Measures for Companies Impacted by Tariffs, 3/14/2025
  • Securing the Future: Tariff Timeline, 3/11/2025
  • Fasken Talks : Season 4, 3/6/2025
  • Securing the Future: 9 Ways to Help Your Business Adapt to New U.S. Policies, 2/21/2025
  • Public Construction Contracts in Québec: Government Tables its Regulation on Prompt Payments and the Prompt Settlement of Disputes, 7/18/2024
  • ACPB and AMP: Effective date of amendments to the Act, 5/9/2023
  • Construction Work, Blasting and Contamination of Artesian Wells: Who is Responsible?, 3/14/2023
  • Bill 12: Significant Changes Proposed to the Act Respecting Contracting by Public Bodies, 3/23/2022
  • Ville de Sherbrooke v. Sherax Immobilier inc.: The Superior Court Issues a Reminder of the Importance of the Obligation to Inform and the Obligation of Collaboration in Connection with a Public-Private Partnership Contract, 1/28/2022
  • Public Contracts in Québec: What’s New?, 2/25/2019

Events

  • Fasken’s Construction and Infrastructure Conference, 11/19/2025
  • Conference on Construction and Infrastructure Law, 11/13/2024
  • Recent developments in public contracts in Quebec, 6/5/2024
  • 2023 Conference on Construction Law, 11/29/2023
  • Lunch conference “Own tomorrow”, 5/4/2023
  • 2023 Symposium - Own tomorrow, 5/4/2023
  • Colloque-Construction-et-Infrastructure, 11/30/2022
  • The Construction Industry and the Challenges of COVID-19, 5/21/2020
  • Récents développements en matière de droit des marchés publics au Québec, 11/6/2019
  • Colloque en droit de la construction, 3/20/2019

News

  • Fasken Celebrates International Women’s Day 2019, 3/8/2019
  • Fasken litigators make Benchmark Litigation’s 40 & Under Hot List for 2018, 7/17/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Fasken’s Annie Bernard and Antonio Di Domenico honoured as Lexpert’s 2017 “Rising Stars”, 11/29/2017
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • ABC-Québec quotes Annie Bernard in an article about her law career, 3/6/2017
  • Fasken Martineau awarded the “Impact féminin Grande entreprise 2016” by the Réseau des Femmes d’affaires du Québec, 11/15/2016
  • La Presse quotes Annie Bernard in an article about the new Code of Civil Procedure, 1/26/2016

Publications

  • Tour d’horizon des grands principes en droit de la construction et leur application récente par les tribunaux, 6/5/2025
  • Class Actions in Quebec’s Construction Industry, 11/8/2016
  • Obligation of parties: general provisions that apply to contracts of enterprise or for services, 7/17/2013
Article Class Actions in Quebec’s Construction Industry Droit immobilier (Real Estate Law), 4th Edition, - Collection Blais, Édition Yvon Blais, Volume 25, 2016
Article Obligation of parties: general provisions that apply to contracts of enterprise or for services

Speaking Engagements

  • Développements récents en droit de la construction 2025, 6/5/2025
  • Class Actions in the Construction Industry, 12/6/2016
  • Work completion - Description of the notion and overview of case law, 12/1/2015
  • Disputes over defects that appear before a work’s reception, 4/24/2013
  • Legislative update in construction law, 4/23/2013
  • The new CCDC5A – 2010 Construction Management Contract for Services, 4/17/2012
  • Construction code chaos - The role of courts and experts, 11/30/2011
  • Licences issued by the Régie du bâtiment - Overview of obligations and recent developments, 4/19/2011
  • The best negotiation techniques for experienced and unexperienced work providers, 11/17/2010
  • Role and professional responsibilities of project managers, 4/13/2010
Développements récents en droit de la construction 2025 Service de la qualité de la profession, Barreau du Québec
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
Work completion - Description of the notion and overview of case law Co-speaker, PMI-Montréal location location Montréal