Litigation

For over half a century Séguin Racine has built its reputation by representing its clients in a wide range of areas with integrity, dedication and competence. When a problem or dispute arises, our litigation team draws on the Firm’s long and rich experience in civil and commercial law to help clients determine a winning strategy. Whether corporate, tax, securities, real estate, transactional, civil and professional liability or labor law litigation, we will create a team of dedicated litigators and negotiators who will intervene in a timely manner in order to implement creative solutions tailored to your budget. Over the years, Séguin Racine has acted before all regular and administrative tribunals, including the Quebec Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.

The Firm is called upon to represent large, small or medium-sized businesses as well as individuals seeking legal remedies which require a wide range of procedural interventions including:

• Injunctions, seizures and extraordinary remedies;
• Litigation between shareholders and remedies under the Canada and Quebec Corporations’ Acts, including oppression remedies available to minority shareholders;
• Defamation and the right to privacy procedures;
• Appeals and judicial review judgments;
• Commercial arbitration and mediation;
• Representations before administrative tribunals and regulatory bodies.

The members of the Firm’s litigation team are experienced practitioners who, in addition to advocating in the traditional areas of civil and commercial litigation, have developed expertise and skills in highly specialized areas for which they are regularly called upon to represent clients before all applicable courts and tribunals.

Civil, Commercial and Professional Liability

The civil, commercial and professional liability team has extensive experience in large-scale and high-profile litigation management. Whether it’s civil liability, malpractice, directors’ liability or manufacturer’s liability, the lawyers on our team ensure that these types of cases, which require great attention to detail, are treated carefully and efficiently. Furthermore, our team ensures that it collects all the necessary information to build an optimal strategy that is well coordinated and enables the clients to make an informed decision as to whether to go to court or to opt for an alternative dispute resolution mechanism such as mediation or arbitration.

Shareholders Remedies

With its extensive experience in corporate law, the Firm unquestionably has the necessary understanding of the business world and corporate laws of Quebec and Canada to diligently guide stakeholders in a dispute involving shareholders. Whether controlling shareholders, founders, minority shareholders, directors or senior executives, Séguin Racine and its litigation team are the specialized advisers you should have on your team. For years, our lawyers have worked hand in hand with several companies and their boards of directors, whether these companies are public, private, family or multinational.

The Firm is a sought after and respected player for its representation in shareholder disputes. Since its founding, Séguin Racine has built an impressive track record by intervening for their clients in legal proceedings or by accompanying and supporting them with valuable advice in specific areas including:

• Oppression remedies;
• Management of shareholder meetings and rigorous interventions;
• Advisors to Committees or Boards of Directors in times of crisis;
• Strict application of shareholder agreements, pooling agreements or voting trusts;
• Strategies in the case of hostile takeovers;
• Oppositions to plans of arrangement, reorganizations or issuances of shares;
• Forced buy-out of shareholders and dispute mechanisms;
• Exclusion or expulsion of officers or administrators.

Bankruptcy and Insolvency

Séguin Racine’s bankruptcy and insolvency practice involves the representation of debtors, creditors, financiers, trustees, directors and purchasers in important files.

Over the last few years, the Firm has been able to vigorously and successfully defend contentious large-scale claims and plans for major reorganizations or arrangements involving hundreds of creditors and tens of millions of dollars under the Companies’ Creditors Arrangement Act (C-36).

Individual Employment Relations

Séguin Racine’s individual employment relation team has long established its reputation in the legal community by providing an elaborate range of traditional labor and employment services. Whether it concerns labor restructuring, compliance with Quebec and Canadian laws, resolution of specific situations of executives or employees, drafting of employment contracts, negotiation and drafting of severance payments for the settlement of employee complaints under labor laws or charters, the Firm possesses the resources necessary to effectively meet the needs of its clients. The Firm’s expertise extends to the development of option agreements and investment plans.

Financial Services and Investigations

The recent financial crisis has created a climate of increased surveillance and an increase in criminal enforcement activity in Canada, particularly in the province of Quebec with the participation of the Autorité des marchés financiers of Quebec, leading to an increase in private litigation. The Firm, with its multidisciplinary team, is able to respond perfectly to the obligations and challenges of regulatory compliance and helps its clients cope with administrative investigations. Specifically, the litigation team is quick to respond to subpoenas and other investigations and is able to quickly develop creative strategies that are outside of the box to help clients successfully navigate these investigations that could lead to litigation.

Civil and Commercial Real Estate Law

Séguin Racine’s litigation team has specialized expertise in real estate litigation, whether it be issues related to commercial leases, agreements for the purchase and sale of real property, mortgage claims, actions for latent defects, actions in passing of title or contractual disputes concerning buildings or properties, the Firm provides, advises and suggests solutions adapted to the circumstances.

Estate Law

Séguin Racine also offers a full range of services in matters including estate planning conflicts and has regularly represented heirs, legatees, liquidators, trustees and beneficiaries in large and complex estate litigation.