Emmanuelle has practiced in general, corporate, commercial and civil litigation throughout her career and has dealt with all aspects of complex business law disputes.
In addition to extensive trials and appellate experience at all levels of Quebec Courts, Emmanuelle has represented clients in business disputes in arbitration and mediations in the province.
Emmanuelle practices commercial and civil litigation, and has extensive experience in provisional, interlocutory and permanent injunctions and other emergency procedures, seizures before and after judgment, recourses for declaratory judgment, recourses for breach of service, franchise or representation contracts.
While available to assist in all business litigation, Emmanuelle has developed extensive experience in the following areas:
class action litigation
Emmanuelle has acted for clients in complex class actions in Quebec including the Linerboard, computer parts, and aviation companies relating to price fixing. She has also been involved in class actions which relate to the Consumer Protection Act for financial institutions as well as in the automobile industry.
She has written an article on the Class Action Certification Process in the Province of Quebec, published in the October 2005 edition of the Journal du Barreau du Quebec. She also published an article in May 2007 on the important Judgment of Bouchard vs. Agropur Coopérative and its ensuing decisions, which was published in the Repères newspaper by Les Éditions Yvon Blais Inc.
In addition, she gave conferences on class actions, including a conference at the ABA Young Lawyer Division/AJBM Joint Spring Conference held in May 2007 in Montreal on the recent developments in class actions.
She has experience in acting for financial institutions both as Plaintiff and Defendant. She has handled a number of complex Enforcement of Security and Hypothecary Recourses both moveable and immovable.
She has been involved on several actions on suretyship for which the guarantors were claiming a substantial amount in damages. The Court of Appeal confirmed a Judgment in favour of the Toronto-Dominion Bank against a guarantor in the amount of $750,000 dismissing a 2.3 million cross-demand, in which the Court set up the limit of the "duty to inform" vs. "the duty to advise" of a bank. The Judgment of the Superior Court is often cited by the Court to illustrate these principles. She acted on behalf of a financial institution in a major fraud file in a sum of $7.5 million which involved the interpretation of a contract and ancillary documents.
She has acted for lending syndicates in Bankruptcy matters, which included the realization of the securities. She also acted on behalf of secured lenders on numerous files to radiate inscriptions on the Land Registry and in substitution of a security.
She has acted on behalf of investors in an action against a financial institution relating to breach of contract, breach of fiduciary duty, misrepresentation and negligence from the financial institution.
Emmanuelle has been involved in several important fraud cases involving a wide-range of injunctive reliefs including: Mareva and Anton Piller Orders and seizures before judgment.
She has been involved in actions for fraud against administrators and former employees.
She has a recognized expertise in libel, slander and defamation of character cases, and has pleaded cases that are widely cited in the subsequent judgments. Emmanuelle was involved in long duration trials before the Superior Court of Montreal in an action in damages for slander.
She provides advice and guidance in emergency situations where a person's reputation has been attacked and she provides advice before a statement is made to ensure that the author of such statement will not incur any liability. She reviews speeches, letters and any written communication to identify or ensure that they do not contain any libellous statement. She is also consulted on strategy issues by the communication department of a company. She regularly gives conferences on the subject.
real estate litigation
Emmanuelle has focused on complex legal proceedings dealing with construction and real estate litigation matters. She provides litigation advice and representations on issues related to legal hypothecs and matters related to engineering or architectural problems, changes, delays, unexpected conditions on site, interpretation of leases, tenant and landlord recourses, and specific performance recourses.
breach of contract litigation
Emmanuelle acts routinely on complex contract litigation. She acted on behalf of sellers of shares regarding an acquisition by the purchaser of shares of a technology company in the amount of $42 million to obtain the payment of the balance of the purchase price; this file involved the interpretation of the Sale Purchase Agreement as well as an Escrow Agreement.
She has been involved in the largest litigation file in the Province of Quebec where she represented with a team, the interest of Bondholders against BCE.
She acted on numerous Motions for Declaratory Judgment seeking the interpretation of various contracts.
She has been involved in shareholder recourses relating to interpretation of Shareholder's Agreement and ancillary documents as well as the negotiations leading to those documents.
She defended an American corporation in a $3.4 million dispute involving breach of non-compete clause.She has acted for Naya in a dispute relating to the interpretation of a contract of employment and the negotiation of same.
She has acted for Air France in a dispute relating to the interpretation of a Consignment Agreement and the circumstances surrounding the negotiation of said Agreement.
arbitration and mediation
She has been involved in many arbitration sessions and mediation files. She has been involved in a dispute between an accounting firm and one of its partners relating to the interpretation of the Partnership Contract.
She has acted in mediation for a major commercial landlord in a dispute relating to the interpretation of a lease.
publications and presentations
- international arbitration and litigation
- litigation and dispute resolution
- Réseau des femmes d'affaires du Québec
- Association des diplômés de l'École des hautes études commerciales
- Association des diplômés de la faculté de droit de l'Université de Montréal
Called to the Quebec bar
Université de Montréal, LLM
Université de Montréal, LLB
Université de Montréal, École des Hautes Études Commerciales, BAA Marketing