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Marc-André Fabien Associé/Partner Montréal

Marc-André Fabien, AdE

Partner Fasken
Jurisdiction Québec, 1982
Language(s) French, English
Office(s) Montréal
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Overview

Marc-André G. Fabien, Ad. E. is a seasoned litigator and Fellow of the American College of Trial Lawyers recognized for his mastery of high-profile complex litigation with frequent high-profile media coverage. He specializes in commercial and shareholders’ disputes, securities litigation and penal proceedings, and litigation involving federal, provincial and municipal bodies. In addition, he is the President of the Canadian Paralympic Committee.

Marc-André appears before all levels of courts, including the Supreme Court of Canada, the Court of Appeal of Québec, the Superior Court, various administrative tribunals, and the International Court of Arbitration for Sport. He also lectured at the Faculty of Law of the Université de Montréal, where he taught the art of advocacy.

His vast experience before the courts has earned him an excellent reputation among the judiciary. He is especially sought for his strategic expertise.

Marc-André G. Fabien, Ad.E., has written several articles on environmental law, property assessment and corporate criminal liability.

In 2012, he was awarded the title of Lawyer Emeritus (Ad.E.) by the Barreau du Québec,  an honour reserved for lawyers known for their outstanding professional career, outstanding contribution to the legal profession, or outstanding social and community standing that has brought honour to the legal profession. Marc-André continues to be involved as a member of various associations, in particular a long involvement with the Canadian Paralympic Committee.

His social involvement has earned him many honours, including the Ensemble Diversity Award, the University of Montréal Law School Alumni Association Award and the 150th Anniversary of Confederation Medal awarded by the Senate.

A Day With...

Litigation Lawyer in Montreal - Marc-André Fabien | Fasken

Achievements

  • Recognized by the Canadian Legal Lexpert Directory in Aviation (Regulation & Liability) , Canadian Legal Lexpert Directory 2025
  • Recognized by the Canadian Legal Lexpert Directory in Litigation - Regulatory & Public Law, Lexpert 2024 to 2025
  • Recognized nationwide as a Leading Individual in Litigation and Dispute Resolution, The Legal 500 Canada 2024 to 2025

Client Work

  • Expropriation matter for Cadillac Fairview Limited Corporation and Ivanhoe Cambridge Inc. in connection with the extension of the Société de transport de Montréal’s blue line, [Case - Cadillac Fairview Limited Corporation and Ivanhoé Cambridge inc.], As part of the Société de transport de Montréal’s blue line extension project, Fasken advises Cadillac Fairview Limited Corporation and Ivanhoe Cambridge Inc. on expropriation matters. The Fasken team is composed of Nikolas Blanchette, Marc-André Fabien, Sébastien Richemont and Vincent Belley. 
  • Representation of the Judicial Council of Québec in the context of the Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals, [Case - Conseil de la magistrature du Québec], Reference pertaining to the monetary competence of the Court of Québec over civil matters and its competence over administrative appeals.
  • RAMQ Administrative investigation of Pharmaprix owner-pharmacists, [Case - Pharmaprix /Shoppers Drug Mart/Pharmaciens propriétaires], On October 28, 2013, the Régie de l’assurance maladie du Québec [Québec health insurance board] (the “RAMQ”) opened an administrative investigation of owner-pharmacists working under the Pharmaprix banner. In its investigation the RAMQ sought to determine if Pharmaprix owner-pharmacists had rec...
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Reference to the Québec Court of Appeal regarding the Court of Québec’s financial jurisdiction threshold, as well as the appellate jurisdiction attributed to it, [Case - Conseil de la magistrature du Québec], The Chief Justices of the Superior Court held that section 35 of the C.C.P., which grants the Court of Québec jurisdiction over civil matters under $85,000, as well as the provisions granting appellate jurisdiction to the Court of Québec, are unconstitutional. According to their opinion, section ...
  • Procureur général du Québec et Agence métropolitaine de transport v. Pièces d’autos de Montréal-Nord inc., 2016 QCCS 4620 (Superior Court, Court of Québec and the Administrative Tribunal of Québec), [Case - Confidential Client], Fasken Martineau successfully defended the interests of Pièces d’autos de Montréal-Nord inc. against the Attorney General of Quebec and the Metropolitan Transport Agency (AMT) in an expropriation proceeding. The Superior Court rendered a final judgment in favour of PAMN, confirming the judgments ...
  • Canada Post wins before Quebec Court of Appeal, [Case - Confidential Client], On October 6, 2009, the Court of Appeal of Québec upheld a decision rendered April 30, 2008 by Justice Guy Cournoyer of the Superior Court of Québec, who had himself upheld the acquittal of the Canada Post Corporation (the "CPC) on a charge laid by the Attorney General of Canada (the "AG") before...
  • Ex-president of Jitec fined nearly US$900,000 for insider trading and fraudulent transactions, [Case - Autorité des marchés financiers], On July 31, 2008, the Court of Québec ordered Benoît Laliberté, the former president and principal shareholder of Jitec, to pay nearly $900,000 in fines for insider trading and fraudulent transactions. Last February, Mr. Laliberté was convicted on 41 of the 48 charges laid against him under the Q...
  • 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...

Career & Education

Education

  • LLB Université de Montréal

Community involvement

  • President of the Canadian Paralympic Committee
  • Chair of the Board of directors, Collège Stanislas
  • Honorary Chair of the Éducaloi 2018 fundraising campaign
  • Member of the Supreme Court Advocacy Institute
  • Member of the Journées Strasbourgeoises Committee

Memberships & Affiliations

  • Fellow of the American College of Trial Lawyers - 2016

Knowledge

Events

News

Publications

  • Responsabilité municipale et gouvernementale, 6/7/2009
  • La théorie de l'expectative légitime ou le silence est-il d'or?, 3/4/2009
  • L'AMF gardienne de la loi, 1/15/2008
Article Responsabilité municipale et gouvernementale
Article La théorie de l'expectative légitime ou le silence est-il d'or?
Article L'AMF gardienne de la loi

Speaking Engagements

  • Demonstration: Why decision is/is not reasonable, 1/18/2017
  • Demonstration: Why process was/was not fair, 1/17/2017
  • Strasbourg Lectures 2016 (Les Journées Strasbourgeoises 2016), 6/26/2016
Demonstration: Why decision is/is not reasonable Dealing Effectively with Judicial Review: Seminar in Administrative Law organized by the Canadian Institute for the Administration of Justice (CIAJ) location location Quebec Hôtel Château Laurier
Demonstration: Why process was/was not fair Dealing Effectively with Judicial Review: Seminar in Administrative Law organized by the Canadian Institute for the Administration of Justice (CIAJ) location location Quebec Hôtel Château Laurier
Strasbourg Lectures 2016 (Les Journées Strasbourgeoises 2016) Lecture Chair - Strasbourg Lectures 2016 organized by the Canadian Institute for Advanced Legal Studies. location location Strasbourg Hilton International Hotel

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