Marc-Andre Coulombe

Marc-André Coulombe Partner

Representative Work
  • Lead Canadian counsel for World Fuel Corporation in connection with the catastrophic derailment in Lac-Mégantic. Marc-André was responsable of all the cases related to environmental and criminal law.
  • He handles a class action directed against the Montréal Canadiens NHL hockey team relative to certain modalities of the sale of tickets.
  • He acts on behalf of SNC-Lavalin and certain of its officers and directors in several securities class actions brought under Section 225.4 of the Securities Act (Québec) and under Sections 138.3 and 138.8 of Part XXIII.1 of the Securities Act (Ontario) relative to disclosures and other regulatory matters. 
  • He acts for a leading Canadian financial institution in a class action alleging that the institution did not take the appropriate steps to detect the occurrence of an alleged fraud by a former client.
  • He has acted for D&O and liability insurers as special adviser in the context of a secondary market securities class action dealing with allegations of misrepresentation and unauthorized trading activities.
  • He successfully acted on behalf of Air Canada in proceedings seeking the issuance of a cease trade order against a competing bid in the context of the Air Transat takeover (Transat AT Inc. v. Groupe Mach Acquisition Inc., 2019 QCTMF 44).
  • He successfully represented Penson Financial Services Canada Inc. in class action proceedings and in individual recourses by investors in securities investing through offshore entities (Association for the Protection of Investors of Securities et al. v. Penson Financial Services Canada Inc. and Autorité des marchés financiers).
  • He successfully acted on behalf of a group of auctioneers against competitors claiming fraud in the context of a bidding process (Corporate Assets Inc. v. 9214-6463 Québec Inc. and al., 2018 QCCS 2132).
  • He has acted for clients in class actions, notably in Lachance v. Cleyn & Tinker Inc., before the Québec Court of Appeal (leave to appeal to the Supreme Court of Canada was denied). Rabinovitch v. CIBC Asset Management Inc. (pending).
  • He acted on behalf of CAE Inc. in a shareholder appraisal remedy case arising from CAE’s acquisition of a publicly-traded corporation.
  • He has represented Airboss of America Inc. in the context of a litigation over representations, warranties and adjustments in the context of a M&A transaction and obtained judgment upholding all of the client’s claims after a one and a half month trial.
  • He acted for the Fonds de solidarité FTQ in seeking a Court order to close the sale of a significant enterprise in the biopharmaceutical sector.
  • He has represented several public companies such as CN, Axcan Pharma, C-MAC Industries, Intertape Polymer Group, North American Palladium, Genivar Inc. and Astral Media in the context of arrangements under the Canada Business Corporations Act or the Québec Companies Act.
  • He acted as lead counsel for the National Bank of Canada in a complex multi-jurisdictional arbitration relating to a motion picture film financing, which involved arbitration proceedings in Montréal and California as well as proceedings before the courts in Montréal and Germany. The strategy he devised prevailed, which led to a full recovery for his client.
  • He represented Air Canada before the courts in one of the largest hostile take-over cases in Canadian history, which pitted Air Canada against a subsidiary of Onex (Air Canada v. Airline Industry Revitalization Co. [1999] R.J.Q. 2912).
  • He acted for Biochem Pharma on an arbitration relating to drug patent infringement.
  • He acted for several professional artists and athletes such as Bruny Surin, Phil Mickelson and Anita Pointer in relation to litigations in the Province of Québec.
  • He acted for Unvala Ltd. in a dispute concerning the ownership of technology for measuring the development and progression of microscopic metal failures on the surface of combat aircraft.
  • He acted for Alfid in real estate litigation with the Société de développement de Montréal involving a large condo development in Old Montréal.
  • He has acted in insurance law matters, including in the pending cases of Boiler Inspection and Insurance Company of Canada and Munich Re Ag v. Babcock & Wilcox et al. as well as Domtar Inc. v. Babcock & Wilcox et al, which involve substantial damage claims for business interruption arising from failures of a pulp and paper digester.
  • He has acted for and advised AIG on coverage issues.
  • He represented Export Development Corporation in challenging the sovereign immunity of the Republic of Iraq against the seizure of two consular properties located in Montréal. The challenge was maintained both before the Québec Superior Court and the Court of Appeal. The resulting judgments led to the satisfaction in full of the client’s claim through the Fund for the Reconstruction of Iraq set up by the United Nations (Republic of Iraq v. Export Development Canada, [2003] R.J.Q. 2416 (Court of Appeal [2003] R.J.Q. 553 (Superior Court)).
  • He successfully pleaded the most important Québec case to date on the termination of distribution and license contracts and the theft of satellite signals (General Instrument Corporation v. Ernst & Young Inc., J.E. 2002-1107 (Quebec Court of Appeal)).
  • He has substantial experience litigating and advising clients on private international law matters. In particular, he successfully pleaded what is currently the leading case on the jurisdiction of the Québec Courts over foreign defendants in commercial disputes, a decision rendered by the Québec Court of Appeal in Bank of Montréal v. Hydro Aluminum Wells Inc., J.E.-2004-669 (Quebec Court of Appeal).
  • He has acted before the criminal courts on white collar matters and was successful in obtaining a stay of proceedings for one of his clients based on a defence that relied on entrapment as a violation of the Canadian Charter of Rights and Freedoms.
  • He has acted in several reported cases relating to oppression, appraisal and compliance remedies under the Canada Business Corporations Act.
  • He has acted, and is still acting, on several post-transaction cases involving purchase price adjustments, misrepresentations, and breaches of representations and warranties and indemnities.
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