Eric Mongeau

Éric Mongeau Partner

Representative Work
  • Hydro-Quebec v. Wind energy Le Plateau SEC et al, representing the private producer of a wind farm in this test case raising the issue of compliance with local content requirements for wind projects arising from a call for tenders launched by Hydro-Quebec Distribution (Superior Court of Quebec).
  • Boulanger et al v. TVA Groupe Inc. et al, representing Cogeco Media and radio host Paul Arcand in their defense in a multi-million defamation lawsuit brought by the former number two of the UPAC against various media (Superior Court of Quebec).
  • Groupe TVA et al v. Bell Canada et al., representing the intervener Cogeco Inc. before the Federal Court of Appeal in this case raising the validity of the dispute settlement regime put in place by the CRTC in respect with broadcasting.
  • 881571 Canada Inc. c. Caisse de dépôt et al : succesfully represented the Caisse de dépôt et placement du Québec and obtained the dismissal of a constitutional challenge in connection to the expropriation process related to the implementation of a large public transit infrastructure project in excess of C$6B, the Réseau Express Métropolitain (REM Project).
  • Hydro-Québec v. Churchill Falls (Labrador) Corp. (pending) - Representing the owner of the Churchill Falls Hydro plant in a motion to obtain a declaratory judgment on the interpretation of the renewal terms of a long-term energy purchasing contract signed in 1969 which will become effective in 2016.
  • Commercial Arbitration - Hydrolectric Power. Representing independent power producers in arbitration proceedings related to the renewal terms of their power sales agreements to a public utilities company.
  • Ville de Mascouche v. Axma Immobilier Inc., Superior Court of Quebec (ongoing). Representing the developer and project manager in its defense against a multi-million lawsuit related to the constuction of an arena in the context of a public-private partnership.
  • Ville de Sherbrooke v. Sherax Immobilier Inc., Québec Superior Court (ongoing): Representing the developer and project manager in its defense against allegations of latent defects and poor workmanship as well as in a multi-million dollar lawsuit instituted against Ville de Sherbrooke for misrepresentations in the context of a call for tender process carried out by the City.
  • Ville de Québec v. Cogeco inc. et al. - Successfully obtained the summary dismissal of a defamation lawsuit instituted by the City of Quebec against the owner and executives of a local radio station, on grounds of abuse of proceedings.
  • Régie des rentes du Québec v. Canada Bread Company Ltd. - Represented Canada Bread before the lower courts and the Supreme Court of Canada in a case which raises the issue of the scope of declaratory statutes and the notions of pending case and res judicata.
  • Groupe Axor Inc. v. Aéroports de Montréal - Represented the Contractor in connection with a dispute in excess of C$50M before an arbitration tribunal (Canadian Commercial Arbitration Center) and the civil courts in respect of the modernization of the Montreal-Trudeau airport and the construction of a new hotel.
  • Aéroports de Montréal v. St-Paul Guarantee - Successfully obtained the dismissal of a $30M lawsuit instituted by the Owner against the Surety in connection to a dispute related to the modernization of the Montreal-Trudeau airport.
  • Alstom Canada Inc. v. Société de Transport de Montréal et al - Obtained a favorable judgment from the Superior Court of Québec forcing the STM and the Government of Québec to proceed by way of a public tender process to award the contract for the replacement of the 336 Montréal MR-63 metro cars, a project valued at $1,2B. This case was widely covered by the media.
  • ABB Inc. v. Domtar - Obtained leave to appeal and represented the manufacturer of industrial equipment in this important case dealing with manufacturer’s liability regarding latent defects under Québec law. The Supreme Court of Canada had not considered this issue in nearly 30 years.
  • Genex Communications Inc. v. CRTC - Represented one of the competitors of the radio station CHOI-FM opposing the renewal of its license by the CRTC. The Federal Court of Appeal maintained the CRTC’s decision and refused to renew CHOI-FM’s license. This case raised constitutional and freedom of expression issues.
  • Commercial Arbitration, Construction and Energy. Successfully represented a contractor, who was a member of an international consortium that had built a cogeneration power plant in Quebec, in the context of an arbitration on the respective claims of the Consortium and the Owner, totaling in excess of C$40M. Éric was the lead counsel for the Consortium.
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