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Sébastien C. Caron, Ad.E. Managing Parter

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Sébastien C. Caron, Ad.E. Managing Parter SÉBASTIEN C. CARON, AD.E. MANAGING PARTER Québec Bar 1998 T 514.375.2680 F 514.905.2001 [email protected] AREAS OF EXPERTISE Civil and commercial litigation Shareholder disputes and directors and officers liability Class actions Governance, regulatory Securities law and financial compliance and administrative services investigations Competition law Product liability Arbitration and dispute Professional liability resolution BIOGRAPHY Mr. Caron is a founding partner of LCM and is the managing partner of the firm. He focuses his practice on litigation and commercial law. Business communities turn to him for his proven ability to find solutions to complex problems. He has been involved in a number of major class actions and has extensive experience in arbitration and alternative dispute resolution. He regularly acts on behalf of financial institutions, including securities brokers and advisors, whom he counsels on the drafting and implementation of compliance policies and represents before the civil and regulatory tribunals. Mr. Caron has been a President of the Class Actions section of the Canadian Bar Association, Quebec Branch and is a current member of the Quebec Advisory Committee of the Advocates’ Society. Mr. Caron is regularly invited to speak, and he has taught students from the Faculty of Law of the Université de Montréal taking part in the Pierre-Basile-Mignault Moot Court Competition. His expertise is recognized by Chambers Canada, Benchmark and Lexpert directories. In addition to his numerous professional activities, Mr. Caron is involved in the community and participates in philanthropic activities. He currently sits on the Board of the Foundation of the LCM AVOCATS INC. | LCM ATTORNEYS INC. 600, De Maisonneuve Ouest|West, #2700 Montréal (Québec) H3A 3J2 | lcm.ca Sébastien C. Caron, AD.E. Page 2 Palliative Home-Care Society of Greater Montreal. He also sat on the boards of the International Bureau of Children’s Rights and of Lawyers Without Boarders. REPRESENTATIVE WORK Hydro-Québec (a public utility that generates, Tokai Rika Co. (a major Japanese company transmits and distributes electricity), in the that manufactures a wide range of automobile context of a class action filed by clients of parts) in class actions against a series of Hydro-Québec claiming in excess if one billion defendants alleging violations to the Compe- dollars. tition Act in the global automobile parts manufacturing industry. Autorité des marchés financiers (AMF) (Quebec’s financial market regulatory body) in PolyOne Canada Inc. (affiliated with PolyOne a suit brought by investors before the Court of Corp., listed as NYSE:POL and one of the Queen’s Bench of New Brunswick and in a largest polymer manufacturers and distributors class action arising from the Norbourg fraud in the world) in a class action alleging environ- case. In the class action, investors claimed mental hazards, as well as a claim for several more than $100 million from the AMF and other million dollars for manufacturing defects of defendants. certain products. Canaccord Genuity (a large wealth manage- Kaba Ilco (a member of the Kaba Group, a ment services firm under the Canaccord global leader in the security sector) in class Genuity Group Inc., listed as TSX:CF and actions raising questions regarding false or LSE:CF) in two class actions launched by misleading advertising under the Consumer secondary market investors claiming $140 Protection Act and product liability. million, in which they alleged market manipulation and insider trading. National Bank Financial (a subsidiary of National Bank, listed as TSX:NA and one of HSBC Securities (then a securities brokerage Canada’s leading banks) in proceedings firm belonging to HSBC Bank) and AGF (one of brought by an investor claiming over $100 the largest independent mutual fund million, alleging losses in options trading. manufacturers and distributors in Canada) in a class action alleging market-timing practices in Fédération des Caisses Desjardins (the the management of mutual funds. largest cooperative financial group in Canada) in a claim for damages brought by a bidder CALSTRS (California State Teachers’ alleging to have been treated unfairly in a Retirement System) in a claim against Valeant request for proposals. Pharmaceutical (now part of Baush Health Companies Inc.) for alleged misrepresentations Merrill Lynch Canada Inc. (now a part of the on the marketplace artificially inflating the value Bank of America Merrill Lynch Group) in a claim of Valeant’s securities. for several million dollars brought by manage- ment companies alleging to have received poor Global Fuels Inc. (a distributor of gasoline at advice from the brokerage firm. the pump) in two class actions against a series of defendants over their alleged involvement in Desjardins Securities (the brokerage firm a gasoline price-fixing scheme in several areas under Desjardins Group, the largest of Quebec. It is one of the most active cases cooperative financial group in Canada) in an involving competition law in Canada. injunction related to unfair trade practices and misappropriation of information. LCM AVOCATS INC. | LCM ATTORNEYS INC. Sébastien C. Caron, AD.E. Page 3 Astral Media (now belonging to Bell Media, Draft and Draft Québec (then well-established Canada’s leading multimedia company) in an advertising agencies) in the context of civil action brought by an artist alleging that the actions brought by the Canadian government defendants had plagiarized his television work further to the Commission of Inquiry into the and violated the Copyright Act. Sponsorship Program and Advertising Activi- ties (or the Gomery Commission). AON Canada Inc. (a member of AON plc, listed as NYSE:AON and a leader in risk manage- Visible Gold Mines (listed as TSXV:VDG and ment, insurance brokerage and human FSE:3V4 and specialized in gold prospecting), resources management) in significant claims which successfully challenged an unsolicited against former employees for illegally soliciting take-over bid by Zara Resources before the clients. Bureau de décision et de révision. CONFERENCES AND PUBLICATIONS Co-speaker, “Securities Class action: what to Speaker, “Recent Developments in Securities retain from the decisions rendered during the Litigation (2017)”, Barreau du Québec, last year?”, organized by the Quebec Division Montreal, December 1st, 2017. of the Canadian Bar Association (CBA), Montreal, October 1st, 2020. Speaker, “Recent Development: Enforcement”, Litigation conference by Investment Industry Moderator, “Amendments to the Ontario Class Regulatory Organization of Canada (IIROC), Proceedings Act: Impacts in Quebec”, Montreal, September 8th, 2017. organized by the Quebec Division of the Canadian Bar Association (CBA), Montreal, Speaker, “Class Action Advocacy – The Latest th February 11 , 2020. from Québec”, conference by The Advocates’ Society, Toronto, February 14th, 2017. Co-speaker, “The Class Action Chamber of the Superior Court of Quebec, One Year Later”, Speaker, “The continuous Growth of Securities organized by the Quebec Division of the Litigation Conference,” a webcast produced by Canadian Bar Association (CBA), Montreal, The Knowledge Group, January 2016. November 28th, 2019. Speaker, “Effective Management Seminar: Co-Author, “Communications between lawyers Legal Issues affecting Chef Compliance officers and experts: Litigation privilege and expert’s and Directors”, organized by the Canadian duties” (« Communications entre avocats et Securities Institute (CSI), Montreal, October experts : le privilège relatif au litige et les 22nd, 2019. devoirs des experts »), in Revue du Barreau du Québec, Fall 2015, vol. 74, Cowansville, Ed. Speaker, “Injunction Reliefs – Practical Yvon Blais, 2016, pp. 557-571. Considerations” organized by The Advocates’ Society, Montreal, October 18th, 2019. Speaker, “A practical Guide to Making a Differ- ence: Finding Meaningful International ProBono Speak, “IIROC Hearing Committee Conference: Opportunities,” American Bar Association 2015 A Panel discussion with Enforcement and Fall Meeting, Montreal, October 2015. Respondent Counsel”, organized by the Investment Industry Regulatory Organization of Moderator, “Class Actions and Settlement st Canada, Montreal, October 21 , 2019. Conferences,” Canadian Bar Association conference, Montreal, May 28th, 2014. LCM AVOCATS INC. | LCM ATTORNEYS INC. Sébastien C. Caron, AD.E. Page 4 Co-speaker, “Gatekeepers : le rôle des Co-Author, “Professional Negligence: protecteurs des marchés – du rêve à la réalité,” Obligations of Investment Advisers and Clients Barreau du Québec continuing legal education – Mazzarolo v. BMO Nesbitt Burns Ltée,” seminar on recent developments in securities (2009) Professional Liability and Discipline litigation, Montreal, November 22nd, 2013. Litigation, Volume XIII, No. 3, 826. Co-author, “Le rôle essentiel des Conference entitled “Le recours collectif,” “gatekeepers” dans le contexte de Canadian Association of Paralegals annual l’encadrement des marchés financiers – conference, Montreal, June 2009. Modifications législatives récentes,” Service Barreau du Québec continuing legal education, Conference entitled “New Developments in Développements récents en litige de valeurs Secondary Market Liability,” The Canadian mobilières, Vol. 376, Cowansville, Ed; Yvon Institute’s 8th Annual Advanced Forum on Blais, 2013, pp. 45-75. Securities, Litigation and Enforcement, Canadian Institute, Montreal, April 2009. Moderator, “The Regulators: Trends and Developments in Enforcement Activities
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