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Marc
Simard

Lawyer, Partner
Office
Languages
  • French
  • English
Lawyer Card

Marc Simard has been practising for over 40 years in the areas of commercial litigation, construction law, public law, professional law and agri-food law.

In construction law, he has represented owners, contractors and professionals in a wide range of matters and has acted for clients or as an arbitrator in various arbitration cases.

He is an arbitrator certified by the Barreau du Québec and the Institut de médiation et d’arbitrage du Québec and is recognized as an adjudicator in a Treasury Board program to facilitate payment to companies involved in public construction contracts.

In public law, Mtre Simard has represented various public bodies in challenges to the exercise of their powers, as well as in constitutional cases involving the application of charters of rights.

He also represents professional orders in cases involving governance, professional ethics, regulatory matters, disciplinary matters and professional inspection.

He has helped defend over 40 class-actions and was recognized as a leading class action lawyer from 2008 to 2023 by his peers in The Best Lawyers in Canada.

Services

Administrative Law
  • Contracts of public organizations
  • Professional law
  • Public freedoms and human rights
  • Judicial oversight of government action
  • Organization of health and educational establishments
Business and Corporate Law
  • Arbitration service
  • Commercial arbitration service
  • Commercial and corporate litigation
Insurance and Civil Litigation
  • Contractual liability
  • Construction law

Training

Barreau du Québec

Certified arbitrator
2020

University certificate in Corporate Governance

Université Laval
2017

Barreau du Québec

1981

LL.B.

Université de Montréal
1980

Typical Mandates

Public and professional law

In public law, he has represented various public bodies in challenges to the exercise of their powers, in matters of disguised expropriation and in cases involving the application of charters of rights, in particular freedom of association and freedom of expression.

In professional law, he has represented professional orders in cases involving governance, ethics, regulatory matters, unlawful practices and judicial review. He has acted as an instructor in ethics and professional conduct for members of boards of directors and disciplinary boards.

Provides assistance at professional inspection committee hearings and professional order board hearings.

Represents professional order stakeholders in civil liability actions.

Construction law

Defended a building contractor and a firm of consulting engineers in a claim by an owner further to the construction of a plant (58-day hearing)  ($26 million).

Represented a municipality in a damages action arising out of a public private partnership project ($9.5 million).

Represented an owner-vendor in a latent defects case involving architects, engineers and suppliers of materials ($11 million).

Defended a construction manager in a claim brought by an owner further to the erection of a structures laboratory ($12 million).

Represented a municipality in a claim arising from the modernization of a potable water treatment plant ($1.8M).

Defended a municipality in a lawsuit involving a suretyship company, several sub-contractors and suppliers further to a contractor’s failure to complete the work (hearing lasting over 30 days).

Defended a construction manager sued jointly with the owner by a contractor in a claim for additional costs ($1.2 million).

Defended a para-municipal corporation against a claim for additional costs submitted by a contractor ($1.4 million).

Acted as arbitrator in various construction matters.

Class actions

Represented several municipalities on appeal in an action seeking eradication of ragweed in their territory and pecuniary damages ($270 million).

Represented a broadcaster, producer, and program host in a defamation action arising from the broadcast of a TV program ($24.5 million).

Represented a municipality in a pension plan case involving the reimbursement of a contribution holiday ($170 million).

Represented a municipality in a case involving the destruction of records of persons acquitted of penal offences ($10 million).

Represented a municipality and an airport authority in a claim for neighbourhood disturbances resulting from the airport’s operations ($44 million).

Represented a municipality in a claim involving water supply problems (undetermined amount).Represented a hotel in a food poisoning case ($2 million).

Represented a firm of consulting engineers in a claim respecting trouble and inconvenience resulting from a highway reconstruction project ($20 million).

Represented one of several defendants in a claim by Norbourg Group investors ($130 million).

Represented a municipality’s insurers and a snowmobile club in a claim arising out of snowmobile activity ($10 million).

Affiliations & Activities

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Chair of the Standing Committee on Dispute Resolution for a major public-private partnership project.

Member of the Board of Directors, Governance Committee and Chair of the Ethics Committee of a liability insurance fund (2014 – 2019)

Member of the Professional Liability Insurance Ruling Committee of a liability insurance fund (2019 – present)

Member of the Barreau du Québec Committee on Class Actions (2008 – 2016)

Mtre Simard has also acted as a lecturer in training activities for judges of the Superior Court, the Court of Québec, the Canadian Bar Association, the Barreau du Québec, legal advisors, the Conseil interprofessionnel du Québec, boards of directors and members of disciplinary boards of professional orders.