The Practice of Law in Canada Speakers: Hon. Élizabeth Corte Chief Justice of the Court of Québec Frederick Carle Frederick Carle, Attorney Lynne Kassie, Ad. E. Robinson Sheppard Shapiro Gregory Moore Gregory Moore, Attorney Gilles Ouimet, Ad. E Member of the National Assembly for Fabre & Official Opposition Critic for Justice Catherine Pilon Dentons Bernard Synott Fasken Martineau FAIRFAX BAR ASSOCIATION CLE SEMINAR Any views expressed in these materials are those of the individual authors and do not necessarily represent the views of any of the authors’ organizations or of the Fairfax Bar Association. The materials are for general instructional purposes only and are not offered for use in lieu of legal research and analysis by an appropriately qualified attorney. *Registrants, instructors, exhibitors and guests attending the FBA events agree they may be photographed, videotaped and/or recorded during the event. The photographic, video and recorded materials are the sole property of the FBA and the FBA reserves the right to use attendees’ names and likenesses in promotional materials or for any other legitimate purpose without providing monetary compensation. Court of Québec The Honourable Élizabeth Corte Chief Judge of the Court of Québec Called to the Bar on January 11, 1974, Élizabeth Corte practised her profession exclusively at the Montreal offices of Legal Aid. At the time of her appointment to the Cour du Québec, she was the assistant director of legal services in criminal and penal affairs. In addition to teaching criminal law at École du Barreau de Montréal since 1986, she has given courses on criminal procedure and evidence at Université de Montréal's École de criminologie. She was also a member of many committees on the administration of justice in criminal matters. Élizabeth Corte is a past member of the Board of Directors of the Société de criminologie du Québec and, until 2009, she was a member of the Advisory Board. Member of the Board of Directors of the Association des avocats de la défense de Montréal since 1993, she was also President of this association from 1996 to 1999. At the time of her appointment, she was Vice-President, since 1997, of the International Criminal Defence Attorneys Association, of which she was also a founding member. During her law practice, she was regularly invited as a guest speaker or expert, notably by the Federation of Law Societies of Canada, within its National Criminal Law Program in 1999 and 2000. On November 15, 2000, she was appointed judge at the Court of Québec's criminal and penal division. Then, in October 2005, she was named associate coordinating judge of that same division, in Montréal. On October 21, 2009, the Québec government appointed Élizabeth Corte Chief Judge of the Court of Québec for a 7-year term of office. She is also the President of Québec's judicial council (Conseil de la magistrature du Québec). Responsible for the overall management of the Court, she is moreover the representative and spokesperson in dealing with the government and with the other courts in Québec as well as with all other judicial bodies in Canada. By the concrete actions identified in the Three-year Vision 2012-2013-2014 of the Court of Québec , the Chief Judge seeks to promote an administration of justice based on better access to it. October 2012 Biography of Frederick Carle Frederick Carle graduated from the University of Québec in Montréal and was admitted to the bar in March 2004. He founded his own firm in October 2008 as a solo practitioner and hired his first full time associate in May 2011. Since 2004, he has practiced criminal, penal, and disciplinary law mostly on white collar crime and first-offender defenders. In 2011-12 he was chair of the Young Bar Association of Montréal that has nearly 5000 members. He was the first to chair the organization graduated from his university and the second only since 1962 to be a criminal defense lawyer. In 2012-13 he was on the executive committee of the Quebec Province Bar as well as Secretary of the Montreal Bar. He presented several conferences in criminal law sentencing, criminal law for civil lawyers, traces left in the criminal justice system and law firm startups. In 2006-07, he acted as one of the legal counsels for the Federal Commission of Inquiry investigating on the Air India terrorist attack, and since 2009, has served as co- counsel to the coroner of the Public Inquiry of the Coroner regarding a teenager killed by a policeman. In 2011, he was one of the co-acting founders of a pro bono program in the Municipal Court of Montréal to serve citizens in criminal law. Biography of Greg Moore Greg Moore practices intellectual property litigation and licensing. He graduated from the Faculty of Law at McGill University, where he was an editor of the McGill Law Journal. After law school, Mr. Moore clerked for the Associate Chief Justice of the Federal Court of Canada. He began his career with the federal Department of Justice before moving to private practice. Mr. Moore was called to the Bar in the province of Ontario in 1997 and of Quebec in 2002. Mr. Moore is the First Councillor of the Montreal Bar. M. le bâtonnier Gilles Ouimet, Ad.E. Mr. Gilles Ouimet was elected member of the Québec National Assembly on September 4, 2012, for the Québec Liberal Party in the riding of Fabre (Laval) and is currently the Official Opposition Justice Critic (spokesperson). He also serves as Bâtonnier (president) of the Barreau du Québec (2010-2011) and Bâtonnier of Montreal (2007-2008). Mr. Ouimet was designated as Advocatus Emeritus by the Barreau du Québec in 2012. He is a graduate of the Faculty of Law of Université de Montréal (1986) and has been a member of the Barreau du Québec since 1987. Mr. Ouimet practiced Criminal Law both as a defense attorney (1987-1993; 1999-2012) and for the Federal Justice Department (1993-1999), where he acted as Leader of the Tax Prosecution Unit (1995- 1999). After leaving the Justice Department in 1999, he joined the law firm of Shadley Battista, where he practiced Criminal Law (fraud and tax evasion cases) and Professional Law (ethics and professional misconduct) until September 2012. He is a co-author (with Justice Guy Cournoyer, Quebec Superior Court) of an annual Annotated Criminal Code, between 2002-2012. Mr. Ouimet has taught Criminal Law at Université de Montréal (1991-1994, 1998) and McGill University (1997, 1998) and given numerous lectures on this topic. Catherine Pilon Partner LL.M., LL.B Partner Year of Call: 1993 (Quebec) Office: Montréal Direct Line: +1 514 878 5814 Email: [email protected] Catherine Pilon practises mainly in civil and commercial litigation, including product liability and consumer protection. She regularly acts for manufacturers, franchisors, distributors, hypothecary lenders, and real estate owners and developers, as well as banks. She holds a Master’s degree in private law from the Université de Paris I (Panthéon-Sorbonne). Catherine has expertise in the following fields: civil and commercial litigation (including contractual conflicts and real estate litigation), insurance law, product liability, consumer protection, and extraordinary and emergency procedures (including seizures before judgment, injunctions and class actions). Catherine joined Dentons Canada LLP in 1997 and became a partner in 2006. She was President of the Montreal Bar Association from 2012 to 2013. Areas of Focus Practices • Class Actions • Litigation and Dispute Resolution Industry sectors • Insurance Education • Université de Montréal, 1992, LL.B • Université de Paris I (Panthéon-Sorbonne), LL.M. (Private Law), 1996 © 2013 Dentons. Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices. 1 Catherine Pilon Partner Experience • Represented a railway company in a contestation of an expropriation • Representing KPMG in the Hollinger/Black class actions in Quebec and Ontario. KPMG was the auditor of the Hollinger group of companies. Revelation of the alleged management fraud has led to multi-jurisdictional litigation and regulatory proceedings • Representing a manufacturer of video lottery terminals called in warranty by Loto-Québec pursuant to a $700 million class action brought by pathological gamblers against Loto-Québec • Defeated the certification of a class action against several public bodies concerning allegedly discriminatory conditions of employment • Defended the shareholders of a corporation against a party seeking injunctive relief for allegedly having entered into an agreement for the purchase of their shares Recognition In the Media • Cited in ''Avocates, réveillez-vous!'', Droit Inc.com, February 20, 2013 • Cited in ''La Bâtonnière du Barreau de Montréal, Me Catherine Pilon, de FMC, poursuit le mandat international'', le Monde Juridique, volume 20, numéro 10, January 2013 Insights • “The Quebec National Assembly adopts Bill 9 to amend the Code of Civil Procedure”, article published in the FMC Focus on Litigation, June 9, 2009 • The judicial cost of tobacco - Comments on the Conseil québécois sur le tabac et la santé v. JTI MacDonald Corp. and Létourneau v. JTI MacDonald Corp. decisions, EYB2005REP357, May 2005 • Comment on Bill 99 concerning anti-SLAPP provisions: “Loi modifiant le Code de procédures civiles pour prévenir l’utilisation abusive des tribunaux et favoriser le respect de la liberté d’expression et la participation des citoyens au débat public”, EYB2009REP790, January 2009 (available in French only) • “Preliminary steps to certification of a class action: from interlocutory motions to authorization to present relevant evidence”, article published in the Développements récents en recours collectifs, Éditions Yvon Blais, 2007 • Comment concerning Spieser v. Canada (Government) - Certification of a class action and the medical examination of the class representative, EYB2006REP495, June 2006 (available in French only) • Comment concerning Young v.