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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.

  • Benchmark Litigation Canada, 2017, recognized as a "Litigation Star" in the areas of Aboriginal; Constitutional; General Commercial.
  • 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.

  • Chairman of the Board of Directors of Collège Stanislas
  • Regular contributor to fundraising activities of the Centre du Théatre d’aujourd’hui and the FTA

  • 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)

CONFERENCES

Quebec Bar

  • Recent civil law developments: extra-judicial fees as damages, 2001
  • Annual convention: Litigator’s ethics, 2002
  • Recent civil law developments: The Gharavy case revisited after Starson, 2004
  • Annual Convention: The Litigation Privilege, 2007
  • The Confidentiality of the Lawyer: What Every Lawyer Should Know by the Supreme Court of Canada, 2009
  • Annual Conference: Commissions of inquiry, 2010

Canadian Bar Association

  • Annual convention – Organizer and moderator of a joint constitutional/native law workshop: Marshall, the Aftermath, 2000
  • National Administrative Law Labour and Employment Law section: “Privilege: Do You Want to Know a Secret: the Journalist’s Privilege,” 2011

Canadian Bar Association - Quebec Section

  • Constitutional law section – “The Marshall Case”, given along with Michel Venne, reporter for Le Devoir and Attorney Robert Mainville, 2000
  • Conference:  Litigator’s Ethics, 2002
  • The Litigation Privilege, 2007
  • Commissions of inquiry and the media, 2009
  • Le secret professionnel au Québec: une peau de chagrin?, 2014
  • L'action collective dans le nouveau code de procédure, 2014

Canadian Institute

  • Recent Developments in Administrative Law : Developments in the Field of Commissions of Inquiry, 2006
  • Law and Management of Environmental Issues : Consultation and Aboriginal Rights, 2006
  • Litigation against Governments : Central Agencies : The Heart of Power, 2007
  • Negotiation with First Nation Communities, 2008
  • Co-chair: Consultation and Aboriginal Partnership in Development Projets, 2009
  • Speaker: Boot Camp for litigators: “Complex litigation,” 2010
  • Speaker: Training on Administrative Law, 2011
  • Advanced training on administrative law - "L'équité procédurale dans un domaine en constante évolution," 2013

Insight

  • Co-Chair, Aboriginal Forum on Resource Management – Speaker: The Aftermath of the Bernard & Marshall case, 2006
  • Co-Chair, Aboriginal Forum on Resource Management – Speaker: Financing on Indian Reserves, 2007
  • Co-Chair, Aboriginal Forum on Resource Management – Speaker: Recent Developments in Case Law on Aboriginal Title, Obligations to Consult and Fiduciary Duty, 2009

American College of Trial Lawyers

  • University of Sherbrooke : Presentation of the ACTL’s Code of Ethics, 2001
  • University of Moncton: Presentation of the ACTL’s Code of Ethics, 2002

International Academy of Law and Mental Health

  • 22nd convention of the International Academy of Law and Mental Health, chairman of the workplace and mental health workshop, 1997
  • The Charter Revolution and the Practice of Medicine: Moderator of the Constitutional law panel, 2005
  • Responding to End-of-Life Decisions: Perspectives from Medicine, Law and Ethics: moderator and commentator, 2006

Other Conferences

  • Abitibi-Témiscamingue Bar: Recent Developments in Mandatory Injunction Matters, 2000
  • Association forestière de l’Abitibi: conference on native law and consultation, 2000
  • Toronto, The Advocates’ Society: “Simplifying Complex Litigation,” 2001
  • Montreal, Desjardins Ducharme Stein Monast, “Commercial Contracts in Quebec Law”, conference given as part of the mission of judges from the Shanghai High People’s Court and judges from Montreal’s Municipal Court, 2001
  • Lord Reading Society: “The Lost Art of Cross-Examination,” 2001
  • Ottawa, Optimizing Donor Selection Process, organized by the Canadian Blood Services and Héma-Québec: “A Legal Perspective,” 2001
  • Superior Court judges: “Extra-judicial Fees as Damages,” 2002
  • Montreal Bar: Training seminar on the practice before the Court of Appeal, 2002
  • Montreal Young Bar: Presentation of the ACTL’s Code of Ethics, 2004
  • Superior Court judges: “Non Competition Clauses,” 2006
  • Osgoode Hall Law School York University: “Bias and Commissions of Inquiry (including) Lessons Learned from Gomery,” 2008
  • Montreal Young Bar: Participation in a roundtable discussion on the Code of Civil Procedure with the honourables Guy Gagnon and Francois Rolland, 2009
  • Montreal, Osler, Hoskin & Harcourt, “The Shareholder Litigation under the Corporations Act (Quebec),” 2011
  • The McGill Law Journal: Annual Conference, 2012
  • Continuum : Développements récents en matière de litige entre actionnaires, 2012
  • Toronto, Advocates’ Society : "Corruption Uncovered: A Discussion on the Charbonneau Commission," 2013
  • Young Bar of Montréal : L’avocat du XXIe siècle : de nouvelles valeurs pour un nouveau siècle ou "Back to the Future"?, 2013
  • Montréal, Osler, Hoskin & Harcourt : Le secret professionnel de l’avocat : ce que tout avocat doit savoir selon la Cour suprême du Canada, 2013
  • The Canadian College of Construction Lawyers: "The Charbonneau Commission : Uncovering the Depth of Corruption in the Construction Industry in Quebec," 2013
  • Canadian National Railway: Questions autochtones et consultation, 2014
  • Montréal Bar : Le secret professionnel en France et au Québec – Est-ce différent?, 2014
  • Toronto, Osler, Hoskin & Harcourt, "Recent Trends in Aboriginal Law and Consultation," 2014
  • D’Amico Family Wealth Management Group / RBC Dominion Securities Inc. : "A Review of the Recent Case Law Dealing With Accountants’ Professional Liability and Bank Liability," 2014
  • Philippe Kirsch Institute : Recours collectifs impliquant des membres hors Québec : potentiel, motifs et difficultés, 2014
  • Ontario Bar Association; Quebec-Ontario Business Law Summit: Multi-Jurisdictional Transactions, President of the program, 2015