Stéphane Eljarrat

Stéphane Eljarrat

Partner, Litigation

Lead: White-Collar Defence

Key Contact: Risk Management and Crisis Response

Key Contact: Competition/Antitrust Litigation

Key Contact: Anti-corruption and bribery

Contact Information

seljarrat@osler.com

tel: Mtl: 514.904.8118
To: 416.862.6623

Office

Toronto, Montréal

Stéphane Eljarrat, is a partner in the firm’s National Litigation group, based in Osler’s Montréal and Toronto offices. He leads the White-Collar Defence practice and works closely with Osler’s market-leading Risk Management and Crisis Response team.

Known for his composed and focused approach, Stéphane represents corporate clients and institutions in a wide range of criminal investigations and proceedings brought under various federal criminal statutes such as the Corruption of Foreign Public Officials Act and the Competition Act.

Stéphane also defends clients in complex trials and regulatory proceedings, and associated appeals, and advises and represents them in high-stakes regulatory investigations. He also advises Canadian and foreign corporations in the context of internal investigations, as well as on the design and implementation of compliance programs.

Stéphane has experience representing clients in tax disputes in domestic and cross-border matters.

Before joining Osler, Stéphane was a partner at another leading Canadian firm, prior to which he was with the Government of Québec in the Ministry of Public Safety and the Ministry of Revenue. He also worked for the Federal Department of Justice with the RCMP Legal Services, in the National Tax Litigation Section and as a Federal Prosecutor.

    • Acted for Caisse de dépôt et placement du Québec in the context of a publicly disclosed investigation regarding one of its subsidiaries
    • Acting for 1068754 Alberta Ltd before the Supreme Court of Canada, the issue being whether a provincial statute, in and of itself and without any cross-jurisdictional formality, may authorize the administrative seizure of information and documents from an account maintained at a bank branch located in a foreign jurisdiction
    • Acted for the Canadian subsidiary of a foreign financial institution in connection with an investigation conducted by FINTRAC into alleged non-compliance of its reporting obligations
    • Acted for the former CEO of a publicly listed company in connection with securities violations charges
    • Acted for a foreign jurisdiction in connection with a corruption investigation
    • Acted for a corporation in the context of an internal investigation into allegations of sanctions violations
    • Acted for a foreign based organization in the context of allegations of spying activities by one of its former employees in Canada
    • Acted for a foreign publicly-listed corporation in the context of corruption allegations and prosecution in a third-party country. Provided advice for the benefit of one of its Canadian employees facing corruption charges in that foreign country
    • Acted for a Canadian publicly-listed company that had purchased a foreign company who was allegedly involved in illegal activities. Conducted a cross-border investigation to support the company’s litigation against its target in foreign courts
    • Acted for a public company and one of its employees in connection with an anti-trust investigation and prosecution
    • Acted for a construction company, in connection with charges laid by the Competition Bureau for alleged bid-rigging
    • Acted for a company that manages the wealth of a prominent Canadian family before the Federal Court of Appeal in a case dealing with the offshore investment fund property ("OIFP Rules")
    • Acted for an institutional client in the context of an investigation by the Québec securities regulator into allegations of wrongdoings by employees of our client and other related persons. Osler also provided crisis management guidance as well as compliance and governance advice in connection with the foregoing
    • Acting for a Québec-based company, further to an investigation, led by the FBI, into allegations of, notably, fraud, criminal export control violations, as well as acting as illegal intelligence gathering. The foreign authorities represented by the Canadian government notably seized a significant volume of documents and information, which they are seeking to obtain through the MLAT scheme. Osler appeared on behalf of the client in in the Superior Court of Québec to challenge a sending order.Acted for an institutional client in the context of an internal investigation into corporate wrongdoing
    • Acting for a senior executive of a Canadian institution in connection with an RCMP investigation involving allegations of foreign corruption
    • Acted  for the Ad Hoc Committee of the Board of Directors of a Canadian publicly listed company in the context of allegations made by a short-seller, which, in addition to the proposed securities class action (which Osler successfully opposed), resulted in investigations launched by the Securities Exchange Commission (SEC) and the Autorité des marchés financiers (AMF). Crisis management advice was also provided
    • Acting for the Ad Hoc Committee of the Board of Directors of a Canadian company in the context of an internal investigation into corporate wrongdoings and foreign corruption. Crisis management advice is also provided
    • Acted for a Crown corporation in the context of Canadian DPA proceedings (remediation agreement) between Crown prosecutors and a major engineering, procurement, and construction company, stemming from an RCMP investigation into allegations of corruption in connection with the procurement of infrastructure services to our client
    • Advising a major financial institution in the context of an internal investigation launched as a result of a significant fraud perpetrated by a former employee, with the potential assistance of co-conspirators. Osler is also advising on related regulatory issues, providing crisis management, and coordinating police authorities matters. Osler also obtained Mareva, Norwich, and Anton Piller Orders in order to secure evidence and freeze assets
    • Acted  for an institutional client in the context of a review conducted by the Auditor General relating to compliance, governance and control issues following findings of wrongdoing.
    • Acting for an institutional client in the context of a penal investigation by securities regulators into alleged insider trading by one of its executives
    • Acted for our client, a major cryptocurrency trading platform, who was the subject-matter of an RCMP request for information and asset freezing orders in connection with an RCMP investigation for alleged violations of Canada’s Emergencies Act, the whole in relation to the so-called “Freedom Convoy”
    • Conducting an internal investigation on behalf of a Special Committee of the Board of our client, a renewable energy publicly listed company, into allegations of corporate wrongdoings by a senior executive
    • Acting for a major U.S. media outlet in connection with an investigation launched by the Commissioner of Canada Elections into alleged violations of political campaign financing laws and regulations
    • Acting for the former CEO of a subsidiary of a European publicly listed company. Osler is representing the client before the RCMP in the context of an international corruption investigation related to procurement contracts in Asia.
    • Acting for a global management consulting company in connection with a request by a parliamentary committee of the Canadian Parliament for documents and information regarding the work allegedly performed by a former ambassador for Chinese state-owned enterprises.
    • Acting for a high profile company in Latin America which was defrauded by a contractor. We are also advising the client on criminal law matters as well as assisting with asset recovery.

     

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in White-Collar Crime & Government Investigations (Band 1)
  • Best Lawyers in Canada: Recognized in Criminal Defence; Tax Law
  • Who’s Who Legal: Recognized in Investigations; Investigations (Canada)
  • Benchmark Litigation: Recognized as White Collar Crime/Enforcement 2021 & 2020 Lawyer of the Year; Recognized in Dispute Resolution; White Collar Crime; Commercial (Litigation Star)

  • Immediate past President, Barreau de Montréal, Liaison Committee with the Tax Court of Canada.
  • Barreau du Québec, former member of the Advisory Committee on Solicitor-Client Privilege.
  • Team Transparency International Canada, Legal Committee.

  • American Bar Association
  • Transparency International Canada
  • International Association of Lawyers
  • Litigation Counsel of America
  • Canadian Bar Association
  • Canadian Tax Foundation
  • Chambre de Commerce et d’Industrie Française au Canada

  • Co-author, Anti-Corruption Canada: Trends & Developments, Chambers Global Practice Guides, 2021