Sylvain  Lussier Ad. E.

Sylvain Lussier Ad. E., Partner, Litigation

Contact Information

  • tel: 514.904.5377
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Bar Admission

Québec, 1978

Education

  • University of Ottawa, LL.B
  • University of Ottawa, B.A. (Political Science)

Office

Montréal

Language(s)

English, French, Spanish

Biography

Partner in Osler’s Montréal office. Practice focuses on commercial, administrative and constitutional litigation, including aspects pertaining to Aboriginal rights. Involved in a number of class actions, including liability, pension and competition cases, and in many shareholder disputes. Counsel to Commissions of Inquiries. Appears before all levels of federal and provincial courts, commissions and governmental boards. Taught administrative law at the University of Ottawa, the University of Montréal and for the Québec Bar. Has given several conferences and written numerous articles in his fields. Fellow of the ACTL. Chair of the ACTL Provincial Committee. Past Chair of the Montréal Bar Committee on Civil Justice and past Chair of the CBA’s Constitutional Law and Civil Liberties Section.

Notable Matters

Class actions

  • Represented École polytechnique de Montréal  in Superior Court and in appeal, defeating a motion to authorize a class action of behalf of the School's retirees.
  • Argued before the SCC an appeal involving the authorization of a class action for Vivendi's (Seagram) retirees.
  • Represents IBM  in an action involving its employees and retirees concerning pension and post retirement benefits.
  • Represented GM  in the settlement of the post retirement health benefits class action against its Québec retirees.
  • Represents Irving Oil  in two class actions concerning an alleged cartel to increase the price of retail gasoline in 4 municipalities (Jacques) and 13 other districts (Thouin).
  • Acts for Valle Foam in the settlement of a class action.
  • Acted for Elpida in the contestation (in Superior Court and in appeal) and in the settlement of a class action.
  • Acted for Cadbury in the settlement of a class action.
  • Obtained a stay of proceedings for an important publisherin the context of parallel class actions.
  • Represents NEC Electronics and Danfoss compressors in the contestation of  class actions.
  • Represented a pharmaceutical company in relation to a class action regarding the side effects of a drug.

General Liability

  • Represents Irving Oil in the proposed class action following the tragedy at Lac Megantic. Acted for Gaz Metro in major disaster files.
  • Represents the Royal Bank of Canada in the contestation of a motion to authorize a class action.
  • Represented the chief justice of the Court of Québec pursuant to a legal recourse against her before the Superior Court regarding the Court of Québec’s judge appointment process.
  • Government of Canada’s attorney before the Commission of Inquiry into the Sponsoring Program and Advertising Activities (Gomery Commission). He acts for the government of Canada in the actions related to the recovery of overpayments in relation to the Sponsorship Program.
  • Regularly represents the Fonds d’assurance responsabilité professionnelle of the Barreau du Québec.

Affiliations

  • Fellow of the American College of Trial Lawyers; chair of the provincial committee
  • Governor of the Fondation du Barreau du Québec
  • Former chair of the Constitutional law and human rights section of the Canadian Bar Association
  • Former chair of the administration of civil justice of the committee of the Montréal Bar
  • Member, Supreme Court Advocacy Institute
  • Special Advocate, appointed by the minister of Justice Canada, pursuant to the Immigration and Refugee Protection Act

Industry Recognition

  • Best Lawyers’ “Lawyer of the Year” 2014 for Montréal Appellate Law and “Lawyer of the Year” 2013 for Montréal Administrative and Public Law. The Best Lawyers in Canada 2015 also recognizes Sylvain in the practice areas of Aboriginal Law, Administrative and Public Law, Appellate Law, Bet-the-Company Litigation Class Action Litigation, Corporate and Commercial Litigation and Legal Malpractice Law
  • Named "Litigator ofthe Year" by Le Monde Juridique in 2012
  • The 2014Lexpert/American Lawyer Guide to the leading 500 Lawyers in Canada selected Sylvain among the experts in Corporate Commercial Litigation
  • The Canadian Legal Lexpert Directory 2014 rates Sylvain as Most Frequently Recommended in Litigation – Corporate Commercial and Litigation – Directors’ and Officers’ Liability. He is also Repeatedly Recommended in Aboriginal Law, Litigation – Product Liability, Class Actions, Litigation – Public Law, and Litigation – Securities.
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada 2012: Corporate Commercial
  • Lexpert Special Edition: Canada’s Leading Litigation Lawyers 2013
  • Chambers Global: The World’s Leading Business Lawyers 2014 mentions his skills in Québec Dispute Resolution.
  • Benchmark Litigation Canada 2014: Aboriginal; General Commercial; Constitutional

Publications/Events/Education

  • Recent developments in ethics, law and professional disciplinary: The Solicitor-Client Privilege: What Every Lawyer Should Know According to the Supreme Court of Canada (co-author Mahmud Jamal).
  • CBAQ Conference on Commissions of Inquiry and at the Congrès du Barreau du Québec 2010: “Commissions of Inquiry and the Media”.

Pro Bono/Community Work

  • Legal Professionals Committee (Montréal)
  • Member of the boards of directors of Collège Stanislas and Arion Baroque Orchestra