Kugler Kandestin LLP

Litigation, Insolvency & Restructuring, Class Actions, ADR

Representative Work

- Acting as co-counsel for Plaintiffs in a Québec securities class action against Manulife and other defendants alleging misrepresentations and failure to disclose in connection with the company's risk management practices. 

- Acted for a leading provider of transportation and logistical services in connection with an action for damages alleging breaches of non-compete, non-solicit, and other legal and contractual obligations.

- Acted for Laura's Shoppe (P.V.). Inc., a leading Canadian retailer, in its successful restructuring under the Companies' Creditors Arrangement Act.

Lawyer and Partner

Davies Ward Phillips & Vineberg LLP

Representative Work 

- Acted for Rogers Communication Inc. and Fido Solutions Inc. before the Québec Superior Court in their defence of a proposed class action with respect to fees for picture and video messaging from Canada to the U.S.

- Acted for Rogers Communications Inc. before the Québec Superior Court in its defence of a proposed class action related to early cancellation fees.

- Argued before the Supreme Court of Canada (SCC) for the respondents in Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al. v., a defamation class action brought by a group of taxi drivers in Montréal. 

- Represented Corus Entertainment Inc. before the Federal Court of Appeal in connection with a third party's challenge of a CRTC decision approving the sale of certain Québec radio stations from Corus to Cogeco Inc. 

- Acted as defence counsel in numerous class actions alleging anti-competitive conduct, including with respect to automobile parts, capacitor, air-cargo, hydrogen peroxide, optical disc drive (ODD), and cooling compressor industries. 

- Represented a Canadian-headquartered, leading fashion retailer in an international arbitration in China. 

- Represented The Globe and Mail before the SCC in an appeal dealing with publication bans against the media. 

- Acted for Ernst & Young Inc., a Court-appointed Monitor, in connection with the restructuring of Quebecor World Inc. (now Quad/Graphics, Inc.) under the Companies' Creditors Arrangement Act and Chapter 11 of the U.S. Bankruptcy Code. 

- Defended a leading generic drug manufacturer before the Québec Court of Appeal and the Québec Superior Court in the dismissal of a $3.9 billion class action in the "Piro" case, one of the largest proposed class actions in Québec history.

Consistently recognized as a leading trial and appellate attorney, I specialize in civil litigation, corporate and commercial litigation, class actions, and arbitration. I represent individuals and corporations in various industries and my areas of expertise include shareholder disputes and oppression remedies, contractual disputes, actions on behalf of survivors of abuse, real estate, and employment-related litigation. I am recognized by my peers in leading Canadian legal directories in my areas of practice, including in the areas of “Bet-the-Company” litigation and Appellate Law.

My approach is client-centric, strategic, and pragmatic. I assist and advise clients by actively listening, carefully understanding their needs, objectives, and businesses, maintaining excellent relationships with  colleagues, and by providing guidance, where possible, on practical, out of court resolutions that are in our clients’ best interests.

I have successfully argued cases before all levels of court in Québec and the Supreme Court of Canada, including as lead counsel in Bou Malhab v. Diffusion Métromédia CMR inc. (involving a novel group defamation class action) and acting pro bono in Bruker v. Marcovitz (involving claims for damages as a result of the refusal to provide a Jewish divorce).

My recent class action files, on behalf of plaintiffs, include acting as co-lead counsel in the successful settlement of the massive Desjardins data breach class action on behalf of 9.7 million Desjardins members (one of the largest data breaches in Canadian history), an abuse class action on behalf of former players against the Canadian Hockey League, the Québec Major Junior Hockey League and its teams, a class action against various online brokerage firms in connection with their failure to disclose currency conversion fees, and a class action in connection with sexual abuse committed by a former director and teacher at F.A.C.E., Lachine High School, and Victoria School.

I am a Fellow of the Chartered Institute of Arbitrators (FCIArb.). I have extensive arbitration experience and act in domestic and international arbitrations — as counsel and arbitrator — across a wide range of areas and industries. I also trained in Mediation in the Program on Negotiation at Harvard Law School Executive Education course.

I am a member of the Disciplinary Committee of the Québec Bar, the Chair of the Governing Board of Royal West Academy, I acted as a Chair of the Academic Hearing Panel at Concordia University, and am a Past President of the Lord Reading Law Society.

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