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Claudie Fréchette, Associate | Commercial Litigation

Claudie Fréchette

Associate Fasken
Jurisdiction Québec, 2019
Language(s) French, English
Office(s) Montréal
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Overview

Claudie Fréchette is a lawyer in the Litigation and Dispute Resolution group at our Montréal office. She  is a passionate and versatile lawyer, who is recognized for her professional thoroughness and commitment to defending her clients’ rights, often in complex, high-profile cases. 

Claudie provides invaluable insight into litigation involving federal, provincial or municipal governments, particularly in judicial reviews of actions, decisions, and legislative or regulatory provisions. She regularly acts in cases involving the validity of impugned measures, where obtaining a stay order until final judgment is crucial. 

She has extensive experience in obtaining injunctions and extraordinary remedies, such as Anton Piller, Mareva and Norwich orders. Claudie also acts for clients in matters involving non-competition, non-solicitation, unfair competition and the misappropriation of confidential information. 

Since her practice covers a wide range of legal matters, she also acts in commercial and contractual disputes, business litigation, shareholder disputes and class actions.

Claudie has represented client such as :

  • McGill University in its legal challenge of the policies established by the Minister of Higher Education regarding  francization requirements and tuition fees for students outside Québec;
  • the Conseil de la magistrature (Québec’s judicial council) and the Chief Justices of the Court of Québec in several major constitutional and administrative law cases related to the protection of judicial independence, including:
    • the application for judicial review concerning the validity of certain selection notices that did not include an English proficiency requirement contrary to the needs expressed by the Chief Justices of the Court of Québec;
    • the application for judicial review challenging the validity of Bill 96 provisions amending the selection procedure of candidates for the office of judge of the Court of Québec and municipal court judge;
    • the Court of Appeal Reference regarding the decision to reduce the number of days that judges of the Criminal and Penal Division sit in court;
    • the application for judicial review and the application for a stay or proceedings of the Attorney General of Québec with respect to said decision to reduce the number of days that judges of the Criminal and Penal Division sit in court;
  • Canadian Pacific Railway Company regarding the rail blockade in support of the Wet’suwet’en First Nation that marked Canada in February 2020; 
  • Transat in the class action brought against airlines for the reimbursement of airline tickets cancelled due to the COVID-19 pandemic;
  • Transat in its victory against Groupe Mach before the Financial Markets Administrative Tribunal.

Claudie completed a Bachelor of Laws (Co-op Program) at the Université of Sherbrooke. She figured on the Dean’s List each year of her studies and received the Canadian Interuniversity Sport Association’s (CIS) Canadian Academic All-Star Award. She also completed the JD in North American Common Law program of the Université de Montréal.

Claudie has legal work experience at both the national and international levels, gained through three internships completed in corporate legal departments: one for a federal Crown corporation in Montréal and two for a multinational transportation company in Zürich, Switzerland. 

She has also completed two corporate secondments, gaining invaluable experience in the business landscape and honing her practical understanding of clients’ needs and strategic objectives.

Achievements

  • Academic All-Canadian, Canadian Interuniversity Sport, women’s Vert et Or soccer team, University of Sherbrooke
  • Dean’s List, Faculty of Law of the University of Sherbrooke

Experience

  • A cloud commerce platform provider obtains Anton Piller order against a former employee, [Case - A leading cloud commerce platform], Represented a cloud commerce platform provider in securing an Anton Piller order against a former employee for unauthorized data downloads.
  • A manufacturer seeks remittance of misappropriated commercial secrets, [Case - A leading manufacturer of doors and windows], Representing a manufacturer in a commercial secrets misappropriation case against a former executive.
  • Plumbing equipment manufacturer initiates legal action for trade secret misappropriation, [Case - A leading plumbing equipment manufacturer], Representing a leading plumbing equipment manufacturer in a trade secret misappropriation case.
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, [Case - Canadian Pacific Railway Company], This matter is in connection with the highly publicised file of the various blockades across Canada. A first blockade in the Province of Québec took place since February 8, 2020, in the Kahnawake Mohawk Territory, alongside the railways owned and operated by the Canadian Pacific Railway Company w...

Career & Education

Education

  • JD University of Montreal
  • LLB University of Sherbrooke

Memberships & Affiliations

  • Member of the Canadian Bar Association (CBA)
  • Member of the Executive Committee and Legislation Officer of the Section on Administrative Law, Constitutional Law and Human Rights of the Québec Division of the CBA
  • Member-at-Large of the Executive Committee of the National Section on Constitutional Law and Human Rights of the CBA

Knowledge

  • The Pryde Case: A Constitutional Debate Improperly Raised Proprio Motu by the Judge and Conducted Pursuant to a Flawed Process, 8/26/2025
  • Opsis Ruling: Supreme Court Finds Provincial Statute Doesn’t Apply to Two Federally Regulated Businesses Despite the Constraints of Interjurisdictional Immunity, 6/12/2025
  • Gaspé Énergies: Court of Appeal Rules on Its Power to Review a Leave to Appeal and Quashes a Stay Order of an Environmental Law, 6/9/2025
  • The "Sea Change" from the Supreme Court of Canada in Vavilov Changes the Law of Judicial Review of Subordinate Legislation, 11/20/2024
  • Supreme Court Rules That the State Has No Absolute Immunity From Damages Caused by the Adoption of Unconstitutional Laws, 8/14/2024

Events

Publications

  • Time limits for retaining information about employees, 8/27/2018
  • La Loi concernant la mise en oeuvre de la politique énergétique 2030 : fonctions, pouvoirs, omissions et déceptions…, 11/6/2017
Author Time limits for retaining information about employees
Article, Co-Author La Loi concernant la mise en oeuvre de la politique énergétique 2030 : fonctions, pouvoirs, omissions et déceptions… Published in Le droit des ressources naturelles et de l'énergie, LexisNexis Canada, 2017

Speaking Engagements

  • 2024 Annual Case Law Review on Division of Powers – CBA-Québec, 3/13/2025
2024 Annual Case Law Review on Division of Powers – CBA-Québec location location Montreal, Canada