IMK LLP

Managing Partners: Jean-Michel Boudreau, Julien Lussier

Number of Partners: 9

Number of Lawyers: 25

Languages: Arabic, English, French, Greek, Russian, Spanish, Ukrainian(in alphabetical order)

Firm Overview:

IMK LLP is a top Canadian litigation boutique, recognized across Canada and internationally for its expertise and know-how in all areas of litigation and dispute resolution. IMK offers the best because we recruit and retain the best. Our team is multilingual, trained in civil and common law, and knows the courtroom inside out. Many of our lawyers trained as law clerks at different levels of court, giving us unparalleled strategic litigation insight. Our talent allows us to lead the most complex disputes, and our boutique model allows us to provide flexible, efficient, and dedicated client-centric service.

IMK LLP has a diverse client list which includes public and private companies, individuals, regulatory bodies, tribunals and agencies both in Canada and internationally. We handle all types of commercial, civil, administrative and constitutional litigation and have extensive experience in matters of public and private international law. The firm is consistently recognized for its expertise in class actions, corporate liability, directors’ and officers’ liability, shareholders’ disputes, construction litigation, product liability, employment law, trust and estates, and has an enviable public law practice that places us at the centre of some of the most significant legal debates in Canada. IMK appears regularly before all levels of court and tribunals in Canada.

Main Areas of Practice:

Civil and Commercial Litigation

• Videotron Ltée v. Rogers Communications Inc.: Rogers in an ongoing $850M action over an alleged breach of contract for the companies’ shared network in Quebec and Ottawa
• Churchill Falls (Labrador) Corporation v. Hydro-Quebec: CFLCo at trial, the Court of Appeal and the Supreme Court of Canada in a multi-billion dollar action for breach of the duty of good faith

Corporate and Shareholder Litigation

• Wilson v. Alharayeri: Successfully represented the shareholder at trial, the Court of Appeal and the Supreme Court of Canada in the leading case on director liability in Canada
• Gestion Marigec Inc. et al. v. Immeubles Rimanesa inc. et al.: Successfully defeated a multi-million dollar claim based on alleged oppression against a limited partner owning minority interests in a number of limited partnerships (ongoing)
• Devraker Real Estate Inc. et al. v. Quintcap et al.: Successfully defeated a claim in oppression lodged by a minority shareholder and former director against the directors and shareholders of a series of real estate holding companies (ongoing)

Class Actions

• Broad experience representing defendants in various industries and contexts including product liability, environmental, consumer protection, price-fixing, privacy, securities and contract. Ongoing matters include Alcoa, American Hockey League, Apotex, Clearview AI, FTQ-Construction, McKesson Canada Corporation, Nippon Chemi-Con, Société Générale. Concluded matters include Calsonic Kansei, Devlar, JTI-Macdonald, McDonald’s, Viagogo, Wayfair.
• Ross, Roy, Satalic v. Attorney-General of Canada: Quebec counsel on the national “LGBT Purge” class action team that secured the largest settlement for discrimination against the LGBT community in Canadian history

Administrative Law

• Bell, NFL, Vavilov: Audrey Boctor was appointed amicus curiae by the Supreme Court of Canada to assist the Court in a trilogy of administrative law cases that re-shaped the standard of review in Canadian Administrative Law
• Attorney-General of Quebec v. Du: successfully represented a group of 60 applicants in an omnibus judicial review of decisions of the Quebec Minister of Immigration, in Superior Court and on appeal to the Court of Appeal

Constitutional Law

• Canadian Coalition for Genetic Fairness v. Attorney General of Quebec, et al.: Doug Mitchell was named as amicus curiae by the Supreme Court and the Court of Appeal on the issue of constitutional validity of the Genetic Non-Discrimination Act
• Centre for Gender Advocacy & al v. Attorney General of Quebec: Successfully represented the Centre and named plaintiffs challenging the constitutionality of provisions of the Civil Code of Quebec governing gender identification in official documents (ongoing)
• Hak et al. v. Attorney General of Québec: The Canadian Civil Liberties Association, the National Council of Canadian Muslims and named plaintiff in an ongoing constitutional challenge to Bill 21, Quebec’s ban on wearing religious symbols (ongoing)

Municipal Law

• City of Montreal and Bill 26: City of Montreal in several ongoing files related to the recovery of misappropriated funds in the context of fraud and corruption in the construction industry, including Montréal (City) v. Deloitte Restructuring Inc. before the Superior Court, the Court of Appeal and the Supreme Court of Canada, on the issue of whether settlements concluded pursuant to Bill 26 were excluded from bankruptcy protection.

Public and Private International Law

• International Air Transport Association v. Instrubel, N.V.: Successfully represented the creditor, Instrubel, against the Republic of Iraq and IATA, in a jurisdictional challenge to Instrubel’s $90M seizure of funds in the hands of IATA in the context of an action for recognition and enforcement of international arbitration awards
• SNC-Lavalin Group Inc. et al v. Ben Aïssa et al: Obtained dismissal, for lack of jurisdiction, of a $125M claim brought by SNC against a swiss law firm

Construction Litigation

• Signature on the St Lawrence GP v Canada: Signature in a $400 million action resulting from the construction of a new bridge over the St. Lawrence river(ongoing)
• Buesco Construction Inc. v. Hôpital Maisonneuve-Rosemont: Buesco in a 70-day trial before the Superior Court, and on appeal in an action in damages for the cancellation of its construction contract by HMR.

Real Estate Litigation

• Attorney General of Canada v. Gestion 555 Carrière Inc.: AGC in a dispute concerning the opposability of an option to purchase an immoveable contained in a commercial lease (ongoing)
• Garmaise v. Nun’s Island Investments Inc.: Nun’s Island Investment Inc. in a real estate litigation on the interpretation of a commission agreement dating back to the 1960s and the initial development of Nun’s Island

Employment Law

• IMK acts for both employers and employees in a wide range of employment matters including dismissals, contract negotiations, human rights claims and internal investigations.
• Beaudoin v. Business Development Bank of Canada: Successfully represented Beaudoin, former President of BDC, in a long trial covered by the media, petitioning for homologation of a transaction entered into upon termination of his employment and in defence in an action in damages

Trusts and Estates law

• IMK Regularly represent and advise mandataries, estate liquidators and trustees on their legal obligations.
• Parent v. Stocola (Succession): legal heirs of an estate in a contestation of the validity of a joint will executed by their brother, leading to the first Court of Appeal decision on joint wills under Quebec law
• Royal Trust, as liquidator of the Succession of L. (L.) v. E. (J.): Royal Trust, in an action to recover a highly valuable collection of paintings

Securities and Banking Litigation

• Talbot c. Autorité des marchés financiers: Autorité des marchés financiers and several of its employees in the context of a motion to dismiss an action in damages for an amount of $13 million based on abuse of procedure