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Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION

Eric Simard

Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Fasken
The business community is increasingly resorting to commercial arbitration as a dispute resolution method.
Jurisdiction Québec, 1996
Language(s) French, English
Office(s) Montréal
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Overview

Eric Simard is Co-leader of the national Litigation and Dispute Resolution group. He practices as a litigator in civil and commercial litigation. He acts primarily in complex litigation and defends clients during class actions. He also represents clients during injunction and safeguarding proceedings.

Eric regularly appears in arbitration matters and before the Superior courts, including the Supreme Court of Canada. In a world of globalization, a large number of foreign manufacturers and suppliers operating in Canada rely on Eric’s advice related to distribution agreements as well as contracts of enterprise and for services.

His is known for his relevant, sound advice and provides practical, innovative solutions to clients from the private, public and parapublic sectors.

Eric has written many articles and is routinely invited to speak on his areas of expertise. He was recognized by the prestigious Chambers Global as a leading lawyer in his area in Canada.

Achievements

Client Work

  • The Superior Court of Québec dismisses an application for judicial review of the legislative and regulatory framework governing the financing of the REM, [Case - Autorité Régionale de Transport Métropolitain], Judicial review of the legislative and regulatory framework governing the financing of the REM.
  • McGill University Health Centre reaches financial close for Glen Campus P3 project, [Deal - Infrastructure Québec], On July 15, 2010, SNC-Lavalin and the McGill University Health Centre (MUHC) announced the financial closure and official signing of a partnership agreement between the MUHC and the McGill Health Infrastructure Group (MHIG), composed of SNC-Lavalin and Innisfree Ltd. Under this 34-year public-pri...
  • Infrastructure Quebec advises on US$470 million CHUM project, [Deal - Infrastructure Québec], On May 26, 2010, Fiera Axium Recherche L.P. was awarded a contract for the design, construction, finance, operation and maintenance of the new medical research centre (the "Project") of the Centre Hospitalier de l'Université de Montréal ("CHUM") in Montréal, Quebec. CHUM is one of the largest uni...
  • Dissolution and liquidation of a consortium and claims for damages, [Case - RSWI International], RSW International Inc. v. Société canadienne de transfert technologique (SCaTT 2003) inc. et al. - dissolution and liquidation of a consortium and claims for damages. A Fasken team composed of Christine Provencher and Éric Simard represents RSWI International Inc. in connection with this man...
  • Rogers Wireless Inc. v. Muroff, [Case - Rogers Wireless Inc.], Rogers Wireless Inc. v. Muroff, 2007 SCC 35 On July 13, 2007, the Supreme Court of Canada, in a decision identified by Lexpert magazine as the Top Business Case of 2007, refused to allow a class action case to proceed against Rogers Wireless, holding the plaintiff consumer to his contract by re...
  • Alstom Canada Inc. v. Société de transport de Montréal, [Case - Société de transport de Montréal], Alstom Canada inc. c. Société de transport de Montréal, 2007 QCCS 2429 (CanLII) Alstom Canada inc. c. Société de transport de Montréal, 2007 QCCS 1186 (CanLII) Represented the Société de Transport de Montréal in connection with a Motion for Declaratory Judgment filed by Alstom Canada Inc. follow...
  • Robertson Building Systems Ltd. c. Constructions de la source inc., [Case - Robertson Building Systems], Successful appeal before the Quebec Court of Appeal of a Superior Court judgment refusing to enforce an arbitration clause in a supply contract: Robertson Building Systems Ltd. c. Constructions de la source inc.; Motion in declinatory exception dismissed by the Superior Court (C.S. Abitibi 615-17...
  • Trudel c. Banque Nationale et al., [Case - Toronto-Dominion Bank], Successful challenge of the appeal of a Superior Court decision dismissing a motion to certify a class action against some banks and concerning a claim for discharge fees. Trudel c. Banque Nationale et al., Motion to certify a class action dismissed (C.S. Québec 200-06-000044-043). Appeal dismiss...
  • Commercial and legal dispute of over $30 million between Thales Canada Inc. and Bombardier Inc., [Case - Thales Canada Inc.], Thales Canada Inc. is part of the Thales Group, a large French public corporation that supplies aircraft systems. Thales has now instituted proceedings of over $30 million against Bombardier for damages suffered after Bombardier unilaterally cancelled the LJ-85 program and contract. Thales had pr...

Career & Education

Education

  • LLB Université Laval
  • Certificate, Political Science Université Laval

Community involvement

  • Member, Board of Directors, Port of Montreal

Memberships & Affiliations

  • Fellow, Construction Lawyers Society of America
  • Québec Bar
  • Canadian Bar Association
  • Board of Trade of Metropolitan Montréal

Knowledge

Events

News

Publications

  • The Superior Court of Québec Refuses to Authorize a Class Action against the Holy Cross Congregation and Saint-Joseph’s Oratory, 8/7/2015
  • Les dommages exigibles suite aux retards dans l'exécution de l'ouvrage, 11/25/2008
  • Double N Earthmovers Ltd. - A revolution in government contracting, 4/30/2007
Article The Superior Court of Québec Refuses to Authorize a Class Action against the Holy Cross Congregation and Saint-Joseph’s Oratory Litigation & Dispute Resolution Bulletin

Speaking Engagements

  • Droit des contrats et le nouveau visage de la Cour suprême du Canada : certains concepts clés revus et repensés, 5/8/2019
  • What you should know about injunctions and the new role of experts one year after the coming into force of the new Code of Civil Procedure, 5/10/2017
  • Liability in the context of pre-contractual negotiations, 5/7/2013
Speaker Droit des contrats et le nouveau visage de la Cour suprême du Canada : certains concepts clés revus et repensés 11e Symposium - Fasken location location Montréal, QC, Canada Palais des congrès de Montréal
What you should know about injunctions and the new role of experts one year after the coming into force of the new Code of Civil Procedure 9th Symposium - Fasken Martineau location location Palais des congrès de Montréal

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