Frederic Gilbert Montréal Lawyer

Frédéric P. Gilbert

Partner
Our Focus is on our clients’ needs and understanding their business and environment. Litigation is only one element of the Tool box, not always necessarily the unavoidable consequence. However, if it comes to Dispute Resolution, we are committed to passionate and dedicated advocacy, with a view to reaching optimal results.
Jurisdiction Québec, 2000
Language(s) French, English, Spanish, Creole
Office(s) Montréal
Contact
Business +1 514 397 5232
Email [email protected]
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Overview

Frédéric Gilbert is an excellent litigator and Fellow of the American College of Trial Lawyers who has extensive experience in franchise and real estate law.

Frédéric is one of the most involved and recognized Canadian lawyers in the franchise industry. He regularly participates on different panels and authored the latest reference work on franchise law in Quebec. Frédéric successfully pleaded some of the leading franchise cases in Canada, including Dunkin’ Brands and Freightliner.

Frédéric also lectured on obligations and civil liability at the École du Barreau in Montréal. He is currently teaching a graduate course on Quebec franchise law at the Université de Montréal.

Frédéric has received many distinctions over the years in recognition for the high quality of his work in the franchise industry.

Related Services

Industries

Practices

Achievements

  • Recognized in the Canadian Legal Lexpert Directory in Franchise Law, Lexpert 2024 to 2026
  • Recognized in Corporate and Commercial Litigation and Franchise Law in Montreal, The Best Lawyers in Canada 2018 to 2026
  • Recognized in Québec as a Litigation Star, Benchmark Litigation Canada 2017 to 2026
  • Recognized nationwide in Franchising, Chambers Canada 2024 to 2026
  • Recognized in Franchise Law by Lexology, Lexology Index 2024 to 2025
  • Recognized as Lawyer of the Year in Franchise Law, The Best Lawyers in Canada 2024
  • Recognized nationwide in Litigation: General Commercial, Chambers Canada 2023
  • Recognized in Litigation: General Commercial in Québec , Chambers Canada 2022 to 2023
  • Recommended in Franchising Law by the Canadian Legal Lexpert Directory, Lexpert 2015 to 2023
  • Recognized as Recommended in Franchising, Who's Who Legal 2023
Lexpert Publication name with laurels Lexpert Recognized in the Canadian Legal Lexpert Directory in Franchise Law The Canadian Legal Lexpert Directory is the most comprehensive guide of legal talent in Canada. Read more
Best Lawyers Publication name with laurels The Best Lawyers in Canada Recognized in Corporate and Commercial Litigation and Franchise Law in Montreal Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties. Read more
Benchmark Litigation Publication name with laurels Benchmark Litigation Canada Recognized in Québec as a Litigation Star Benchmark Litigation provides extensive coverage of the North American litigation market. Read more
Lexpert Publication name with laurels Lexpert Recognized in the Canadian Legal Lexpert Directory in Franchise Law The Canadian Legal Lexpert Directory is the most comprehensive guide of legal talent in Canada. Read more
Best Lawyers Publication name with laurels The Best Lawyers in Canada Recognized in Corporate and Commercial Litigation and Franchise Law in Montreal Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties. Read more
Benchmark Litigation Publication name with laurels Benchmark Litigation Canada Recognized in Québec as a Litigation Star Benchmark Litigation provides extensive coverage of the North American litigation market. Read more
Chambers & Partners Publication name with laurels Chambers Canada Recognized nationwide in Franchising Chambers Canada Guide covers lawyers and law firms practicing in all provinces and territories in Canada. Read more
Lexology Index (formerly Who's Who Legal) Lexology Index Recognized in Franchise Law by Lexology Lexology Index features over 24,000 of the world’s leading private practice lawyers from over 150 national jurisdictions. Read more
Best Lawyers Publication name with laurels The Best Lawyers in Canada Recognized as Lawyer of the Year in Franchise Law Best Lawyers est un service de classement juridique. Depuis plus de 30 ans, il identifie les avocats les plus qualifiés pour représenter les clients dans diverses juridictions et spécialités. Read more
Chambers & Partners Publication name with laurels Chambers Canada Recognized nationwide in Litigation: General Commercial Chambers Canada Guide covers lawyers and law firms practicing in all provinces and territories in Canada.
Chambers & Partners Publication name with laurels Chambers Canada Recognized in Litigation: General Commercial in Québec Chambers Canada Guide covers lawyers and law firms practicing in all provinces and territories in Canada. Read more
Lexpert Publication name with laurels Lexpert Recommended in Franchising Law by the Canadian Legal Lexpert Directory The Canadian Legal Lexpert Directory is the most comprehensive guide of legal talent in Canada Read more

Experience

  • Two young entrepreneurs acquire the popular Chez Ashton restaurant chain, [Deal - Jean Christophe Lirette and Emily Adam], Acquisition of the Chez Ashton restaurants by two entrepreneurs.
  • Carrefour Langelier acquired by Group Mach in a C$60 million transaction, [Deal - Carrefour Langelier], This transaction is ranked amongst the 10 most important commercial real estate transaction of 2020.
  • An out-of-court settlement concludes the $66.3 million lawsuit filed by developer Aldo Coviello against the City of Laval, [Case - Aldo Construction Inc.], A developer sues the City of Laval for disguised expropriation as a result of being foreclosed from carrying out a development project.
  • The Supreme Court refuses leave to appeal Dunkin’ Brands resulting in C$16.4 million in damages for franchisees, [Case - Confidential Client], In one of the most important franchising disputes in the past twenty years in Quebec, the Superior Court rendered a first decision in favour of the plaintiffs in 2012, condemning Dunkin’ Brands to pay the plaintiffs $16.4 million dollars in damages for various breaches, including negligence, bad ...
  • Qualinet Franchisees Association suing franchisor for C$26 million award, [Case - Qualinet Franchisees Association], 32 "Qualinet" franchisees are suing their franchisor for a $26 million award. Qualinet specializes in post-disaster restoration. Franchisees essentially allege false declarations, fraud and major contractual shortcomings. We represent the former Qualinet franchisees in this matter, which is now p...
Deal Advised Jean Christophe Lirette and Emily Adam Two young entrepreneurs acquire the popular Chez Ashton restaurant chain Acquisition of the Chez Ashton restaurants by two entrepreneurs. Read more
Deal Advised Carrefour Langelier Carrefour Langelier acquired by Group Mach in a C$60 million transaction This transaction is ranked amongst the 10 most important commercial real estate transaction of 2020. Read more
Case Represented Aldo Construction Inc. An out-of-court settlement concludes the $66.3 million lawsuit filed by developer Aldo Coviello against the City of Laval A developer sues the City of Laval for disguised expropriation as a result of being foreclosed from carrying out a development project. Read more
Case Represented Confidential Client The Supreme Court refuses leave to appeal Dunkin’ Brands resulting in C$16.4 million in damages for franchisees In one of the most important franchising disputes in the past twenty years in Quebec, the Superior Court rendered a first decision in favour of the plaintiffs in 2012, condemning Dunkin’ Brands to pay the plaintiffs $16.4 million dollars in damages for various breaches, including negligence, bad ... Read more
Case Represented Qualinet Franchisees Association Qualinet Franchisees Association suing franchisor for C$26 million award 32 "Qualinet" franchisees are suing their franchisor for a $26 million award. Qualinet specializes in post-disaster restoration. Franchisees essentially allege false declarations, fraud and major contractual shortcomings. We represent the former Qualinet franchisees in this matter, which is now p... Read more

Career & Education

Education

  • LLB University of Montreal
  • BA University of Montreal

Community involvement

  • Former member of the Equality and Diversity Committee of the Canadian Bar Association
  • Former member of the board of directors of Promis, an organization dedicated to helping immigrant populations integrate into the workplace

Memberships & Affiliations

  • Fellow of the American College of Trial Lawyers
  • Member of the Bar of Montréal
  • Member of the Québec Bar
  • Member of the Canadian Bar Association
  • Member of the American Bar Association
  • Member of the Board of Trade of Metropolitan Montréal
  • Chairman of the Board of the Jeune Chambre de commerce haïtienne de Montréal
  • Member of the Board of the Franchise & Distribution Journal
  • Governing Member of the Conseil québécois de la franchise (Quebec's Franchise Council)

Knowledge

  • The Superior Court Confirms the Enforceability of a Million-Dollar Penalty Payable to Uniprix, 7/31/2025
  • The Franchise Agreement of the Future: The Relational Contract, 12/19/2023
  • How Can a Franchisor Support a Franchisee in Financial Difficulties?, 12/7/2023
  • What is the Ideal Duration of a Franchise Agreement?, 11/23/2023
  • Not all Franchise Agreements are Contracts “of adhesion” under the Civil Code of Québec!, 11/9/2023
  • Quelques facteurs-clés du succès d’une expansion nationale ou internationale, 9/21/2023
  • The Four Categories of Territories in a Franchise Agreement: Relevant or Outdated?, 9/7/2023
  • expansion hors QC- Proteger - Comprendre -Structurer- Traduire et Adapter, 8/22/2023
  • What Expenses Can be Allocated to the Joint Advertising Fund?, 6/15/2023
  • Four Ways to Make your Franchise Agreement More Flexible, 5/25/2023
Two business people Bulletin The Superior Court Confirms the Enforceability of a Million-Dollar Penalty Payable to Uniprix The Québec Superior Court validated the application of a penalty clause of CA$1 million in favour of Uniprix, even without proof of harm, following the breach by affiliated pharmacists of their right of first refusal. Read more
Wide angle view of a shopping mall Bulletin The Franchise Agreement of the Future: The Relational Contract The changes affecting many sectors of activity are raising new questions about the rights of franchisors and franchisees. Read more
Wide angle view of a shopping mall Bulletin How Can a Franchisor Support a Franchisee in Financial Difficulties? The collapse of one or more franchisees can have a major impact on an entire franchise network. Read more
Two business people Bulletin The Superior Court Confirms the Enforceability of a Million-Dollar Penalty Payable to Uniprix The Québec Superior Court validated the application of a penalty clause of CA$1 million in favour of Uniprix, even without proof of harm, following the breach by affiliated pharmacists of their right of first refusal. Read more
Wide angle view of a shopping mall Bulletin The Franchise Agreement of the Future: The Relational Contract The changes affecting many sectors of activity are raising new questions about the rights of franchisors and franchisees. Read more
Wide angle view of a shopping mall Bulletin How Can a Franchisor Support a Franchisee in Financial Difficulties? The collapse of one or more franchisees can have a major impact on an entire franchise network. Read more
Wide angle view of a shopping mall Bulletin What is the Ideal Duration of a Franchise Agreement? Although the initial term of a franchise agreement may seem easy to determine, it actually raises a number of questions and issues. Read more
Wide angle view of a shopping mall Bulletin Not all Franchise Agreements are Contracts “of adhesion” under the Civil Code of Québec! Many people believe, by mistake, that all franchise agreements are "contracts of adhesion" within the meaning of the Civil Code of Québec. Read more
Wide angle view of a shopping mall Bulletin Quelques facteurs-clés du succès d’une expansion nationale ou internationale Plusieurs éléments cruciaux doivent être pris en compte lors de la préparation d’un projet d’expansion nationale ou internationale. Read more

Events

  • Best practices in selecting, designing and starting up a franchise, affiliate or banner network, 5/16/2018
  • All you need to know about the bill no. 170, 4/10/2018
  • The evolution of the obligation of good faith, the connection with the new Code of Civil Procedure and taking stock of the lifting of the corporate veil, 3/30/2016
  • Montréal Fasken Martineau Symposium (4th Edition), 5/8/2012
team putting together puzzle pieces Conference Best practices in selecting, designing and starting up a franchise, affiliate or banner network This seminar is only available in French. location location QC About the event
back of woman speaking to group Paid Training All you need to know about the bill no. 170 This conference is only available in French. location location QC About the event
The evolution of the obligation of good faith, the connection with the new Code of Civil Procedure and taking stock of the lifting of the corporate veil Litigation Group Seminar (Fasken Martineau Institute) location location Montréal, QC About the event
team putting together puzzle pieces Conference Best practices in selecting, designing and starting up a franchise, affiliate or banner network This seminar is only available in French. location location QC About the event
back of woman speaking to group Paid Training All you need to know about the bill no. 170 This conference is only available in French. location location QC About the event
The evolution of the obligation of good faith, the connection with the new Code of Civil Procedure and taking stock of the lifting of the corporate veil Litigation Group Seminar (Fasken Martineau Institute) location location Montréal, QC About the event
Montréal Fasken Martineau Symposium (4th Edition) Half-day training activity location location Montréal, QC About the event

News

  • Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized, 9/4/2025
  • Droit-inc mentions Frédéric Gilbert in an article about lawyers named as Fellows of the American College of Trial Lawyers, 3/13/2020
  • Frédéric Gilbert Admitted to American College of Trial Lawyers, 3/13/2020
  • 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
  • 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
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • Fasken Martineau Wins Five Awards from Benchmark Canada, 2/24/2017
  • Journal Métro quotes Frédéric Gilbert in an article on Qualinet seeking protection under the Bankruptcy and Insolvency Act, 1/31/2017
Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized Rankings & Recognitions | News Release Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized Toronto (Canada) – The 2026 edition of The Best Lawyers in Canada™ has recognized hundreds of Fasken lawyers, celebrating many across multiple sections, highlighting their legal talent. Explore the full list of the Firm’s lawyers here. Read more
MediaCoverage-1 Media Coverage Droit-inc mentions Frédéric Gilbert in an article about lawyers named as Fellows of the American College of Trial Lawyers “De Rimouski à Super plaideur!” by Florence Tison, Droit-inc Read more
News - 4 News Release | Rankings & Recognitions Frédéric Gilbert Admitted to American College of Trial Lawyers Frédéric Gilbert was appointed “Fellow” of the American College of Trial Lawyers (ACTL), one of the premier legal associations in North America Read more
Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized Rankings & Recognitions | News Release Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized Toronto (Canada) – The 2026 edition of The Best Lawyers in Canada™ has recognized hundreds of Fasken lawyers, celebrating many across multiple sections, highlighting their legal talent. Explore the full list of the Firm’s lawyers here. Read more
MediaCoverage-1 Media Coverage Droit-inc mentions Frédéric Gilbert in an article about lawyers named as Fellows of the American College of Trial Lawyers “De Rimouski à Super plaideur!” by Florence Tison, Droit-inc Read more
News - 4 News Release | Rankings & Recognitions Frédéric Gilbert Admitted to American College of Trial Lawyers Frédéric Gilbert was appointed “Fellow” of the American College of Trial Lawyers (ACTL), one of the premier legal associations in North America Read more
News - 8 News Release Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide In the 13th edition of The Best Lawyers in Canada guide, Fasken is ranked as “Labour and Employment Law Firm of the Year” for 2019 Read more
News - 3 News Release | Rankings & Recognitions Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide Benchmark Litigation highlights 65 Fasken lawyers and four offices Read more
News - 7 News Release | Rankings & Recognitions The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers The Firm has been recognized in 34 practice areas Read more

Publications

  • L'arbitrage, les modes alternatifs de résolution de conflit et leur impact en droit immobilier, 5/19/2015
  • Franchise law in Québec, 7/7/2014
  • When Franchisor-Franchisee Relationships End: The Difference between Termination and Non-Renewal, Part II, 5/20/2010
  • When Franchisor-Franchisee Relationships End: The Diffrence between Termination and Non-Renewal, Part I, 9/15/2008
  • When Franchisor-Franchisee Relationships End: The Difference between Termination and Non-Renewal, 3/12/2008
  • A Franchisee cannot Rely upon the Market's evolution to Undertake Commercial Activities not Provided for in the Franchisor's System, 5/1/2007
Book, Co-Author L'arbitrage, les modes alternatifs de résolution de conflit et leur impact en droit immobilier Le bail commercial - Deuxième colloque, Édition Yvons Blais, Collection Blais, Vol. 23, 2015
Book Franchise law in Québec
Article When Franchisor-Franchisee Relationships End: The Difference between Termination and Non-Renewal, Part II

Speaking Engagements

  • Good faith and the New Code of Civil Procedure, 5/12/2017
  • Court of Appeal Judgments in Dunkin’ Donuts, 5/13/2015
  • Le droit de la franchise au Québec, a lawbook being reviewed by the “Club de lecture Affaires”, 1/14/2015
  • Liability in the context of pre-contractual negotiations, 5/7/2013
  • Franchisor-Franchisee contractual obligations in Quebec : the main pitfalls, 10/8/2003
  • Cas de figure en matière de dénonciation suffisante et de plus value, 4/4/2003
Good faith and the New Code of Civil Procedure 8th Symposium - Fasken Martineau location location QC, Canada Palais des congrès de Montréal
Court of Appeal Judgments in Dunkin’ Donuts Speaker, Special edition breakfast conference for officers and legal counsel of franchise networks or groups location location Longueuil
Le droit de la franchise au Québec, a lawbook being reviewed by the “Club de lecture Affaires” Panelist for the franchise entrepreneurship week organized by the Conseil québécois de la franchise