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Sylvain  Lussier Ad. E.

Sylvain Lussier Ad. E.

Partner, Litigation

Key Contact: Pensions & Benefits Litigation


Contact Information

slussier@osler.com

tel: 514.904.5377

Office

Montréal

Bar Admission

Québec, 1978

Education
  • University of Ottawa, LL.B
  • University of Ottawa, B.A. (Political Science)
Language(s)
English, French, Spanish

Sylvain is a partner in Osler’s Montréal office. His 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. Past 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. He is Advocatus Emeritus since 2007 and is a special advocate under the Immigration and Refugee Protection Act (IRPA).

    Class Actions

    • Represents Manulife in a matter involving the interpretation of a life insurance policy across Canada.
    • Represented Enterprise Rent-a-Car in defeating certification of a class action alleging false advertising pursuant to the Consumer Protection Act in Quebec; assisting in  a similar case in Saskatchewan.
    • Represents Loto-Québec in a case involving advertising in casinos.
    • Represented École polytechnique de Montréal in Superior Court and in appeal, defeating a motion to authorize a class action on 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).
    • Acted 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 publisher in 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

    • Represented 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 class action.
    • Represents FNF Canada and Chicago Title Insurance Company against the Chambre des notaires du Québec in the defense of their refinancing program.
    • 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; acts for the Barreau du Québec.

 

  • The Canadian Legal Lexpert Directory, 2014-2017, Most Frequently Recommended in the area of Litigation – Corporate Commercial.
  • The Canadian Legal Lexpert Directory, 2015-2017, Consistently Recommended in the area of Litigation – Directors’ and Officers’ Liability.
  • The Canadian Legal Lexpert Directory, 2014-2017, Repeatedly Recommended in the area of Aboriginal Law.
  • The Canadian Legal Lexpert Directory, 2014-2017, Repeatedly Recommended in the area of Litigation – Product Liability.
  • The Canadian Legal Lexpert Directory, 2015-2017, Consistently Recommended in the area of Class Actions.
  • The Canadian Legal Lexpert Directory, 2014-2017, Repeatedly Recommended in the area of Litigation – Public Law.
  • The Canadian Legal Lexpert Directory, 2014-2017, Repeatedly Recommended in the area of Litigation – Securities.
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2017, Most Frequently Recommended in the area of Litigation - Corporate Commercial .
  • The Legal 500 Canada, 2017, recognized as a Recommended Lawyer in the area of Dispute Resolution.
  • The Legal 500 Canada, 2017, recognized as a Leading Lawyer in the area of Dispute Resolution (Quebec).
  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2017, recognized in the area of Dispute Resolution: Québec.
  • The Best Lawyers in Canada, 2015-2017, recognized in the area of Aboriginal Law.
  • The Best Lawyers in Canada, 2006-2017, recognized in the area of Administrative and Public Law.
  • The Best Lawyers in Canada, 2017, recognized as “Lawyer of the Year” in the area of Appellate Practice.
  • The Best Lawyers in Canada, 2013-2017, recognized in the area of Appellate Practice.
  • The Best Lawyers in Canada, 2015-2017, recognized in the area of Bet-the-Company Litigation.
  • The Best Lawyers in Canada, 2014-2017, recognized in the area of Class Action Litigation.
  • The Best Lawyers in Canada, 2006-2017, recognized in the area of Corporate and Commercial Litigation.
  • The Best Lawyers in Canada, 2006-2017, recognized in the area of Legal Malpractice Law.
  • Benchmark Litigation Canada 2015: Aboriginal; General Commercial; Constitutional
  • 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 2014 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
  • The 2014 Lexpert/American Lawyer Guide to the leading 500 Lawyers in Canada selected Sylvain among the experts in Corporate Commercial Litigation.
  • Chambers Global: The World's Leading Business Lawyers 2014 & 2015 mentions his skills in Québec Dispute Resolution.
  • Lexpert Special Edition: Canada's Leading Litigation Lawyers 2013.
  • Named "Litigator of the Year" by Le Monde Juridique in 2012.
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada 2012: Corporate Commercial.

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

  • Fellow of the American College of Trial Lawyers; past 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

Teaching:

  • University of Ottawa and Quebec Bar in Hull, Administrative law, 1979   
  • Quebec Bar in Montreal, Administrative law, 1981 – 1985  
  • University of Montreal, Continuing Education Faculty, Administrative law, 1983 – 1985 
  • University of Montreal, Law Faculty: moot court tutor, 1992 – 1999
  • Quebec Bar in Montreal, Evidence and oral argument, 1999 – 2003
  • Quebec Bar in Montreal, Civil Liability, 2007; 2010; 2011; 2013; 2014
  • Secretariat to senior positions, Québec City, Public hearings, 2010

Publications:

  • Recent developments in administrative law: “Contempt of Court: Breach of Judicial and Quasi-judicial Orders” (1990).
  • Collection Aide-mémoire, Court of Appeal,” published by Wilson & Lafleur, together with Attorneys Brabant, Hilton, Legendre and Rayle (1990).
  • Recent developments in civil law: “Contempt of Court: Recent Case Law Developments” (1993)
  • Recent developments in civil law: “Recent Developments in Injunction Matters in Civil Law” (1994)
  • Recent developments in civil liability: “Exemplary Damages: a Practitioner’s Thoughts further to the Supreme Court’s Trilogy” (1997)
  • Recent developments in mental health law: “Confinement Rules for Persons whose Mental States Pose a Danger to Themselves or to Others” (1998)
  • Review of the Professional Liability of Accountants Depending on their Professional Activities”, in Droits de la personne: solidarité et bonne foi (Human Rights: Solidarity and Good Faith), Actes des journées strasbourgeoises, Yvon Blais Publications (2000)
  • Recent developments in mental health law: “The Gharavy Case Revisited after Starson” (2004)
  • 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) (2008)
  • CBAQ Conference on Commissions of Inquiry: “Commissions of Inquiry and the Media” (2009)
  • JurisClasseur Quebec, Code of procedure Lexis Nexis: "Applications concerning the integrity of the person" (2010)
  • LexisNexis: La Cour d’appel : “Normes d’intervention” (2011)
  • Éditions Yvon Blais, collective publication on the new Quebec Civil Code of Procedure (2015)
  • The Tsilhqot’in Decision: The Supreme Court Confirms Aboriginal Title,” Energy Regulation Quarterly, Vol. 2, (September 2014)