Date : February 15, 2017 Time : 8:30 AM EST

Fasken Martineau Institute

Recent developments in injury and civil liability

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Speakers

  • Jean-Louis Baudouin, Ad.E.

    Partner

    +1 514 397 5299

    jbaudouin@fasken.com

    An internationally renowned legal scholar and a former judge of the Court of Appeal of Québec, the Honourable Jean-Louis Baudouin is a senior partner in the firm’s Litigation & Dispute Resolution Group. As a result of his thorough knowledge of the law and long trial bench experience, his counsel is notably sought during trial simulations for major cases and in complex arbitration disputes, more particularly in national and international matters.

    Hon. Baudouin is also considered a pioneer for his deep understanding of the legal and ethical issues stemming from developments in biotechnology and life sciences, and has acted as a bioethics consultant for the Canadian government. As an authority in civil law, his works are often cited in decisions rendered by the Supreme Court of Canada. He has authored landmark works and textbooks on torts (8th edition), contract law (8th edition) and professional privilege and the right to secrecy in evidence law. He coauthored the Québec Annotated Civil Code (17th edition), and has contributed to several works on civil law, medical law, the liability of health professionals, biomedical experimentation and human rights, contempt of court, sexual offences and euthanasia. He has also published over a hundred articles in peer-reviewed legal journals, and authored several studies for the Law Reform Commission of Canada between 1973 and 1989.

    His distinguished academic career began in 1962 at the Université de Montréal’s Faculty of Law, where he taught contract law, civil liability, medical law and bioethics for over 25 years. Appointed as a full professor in 1972, he went on to chair the Civil Law Section of the Faculty and sit on several dean selection and review committees. During his tenure, he was also a visiting scholar to the universities of McGill, Sherbrooke, Lisbon, Warsaw, Fribourg, Toronto, Louisiana State, Addis Abeba, Paris, Aix-en-Provence, Tokyo and Genoa.

    He is an alumnus of McGill Law School and holder of both a state doctorate from the Université de Paris’ Faculty of Law and a graduate degree from the Faculté internationale de droit comparé (Madrid and Strasbourg). He has been a member of the Québec Bar since 1963, and served as counsel for several law firms before his nomination to the Court of Appeal of Québec, on which he sat from 1989 to 2008.

    A sought-after lecturer both in Canada and abroad, he has participated in numerous conventions, conferences and legal assemblies on various legal, bioethical and paralegal topics. He is an active member of a wide variety of organizations, and currently serves as the president of the Quebec Section of Association Henri Capitant and the vice-chairman of the International Institute of Law of the French Speaking Countries.

    In 2006, the Chaire Jean-Louis Baudouin en droit civil was launched at the Université de Montréal's Faculty of Law with an endowment fund of one million dollars. Among many prestigious honours, Hon. Baudouin was awarded the Grand Officer medal from l'Ordre national du Québec in 2012 and Officer of the Order of Canada in 2014.

    HONOURS AND AWARDS

    • Henri Capitant medal (1973, 1985, 2004)
    • Queen's Council (1978)
    • First Canadian Association of Law Teachers' Award for achievement in legal scholarship (1984)
    • Québec Bar Medal (1988)
    • Honorary degree from Université de Sherbrooke (1990)
    • Honorary degree from Université René Descartes (Paris V) (1994)
    • Honorary degree from Université Notre-Dame de la Paix, Namur, Belgique (1998)
    • Honorary degree from University of Ottawa (2001)
    • Recipient of the International Academy of Law and Mental Health's Yves Pelissier award (2001)
    • 125th anniversary medal from the l'Université de Montréal's Faculté de droit (2004)
    • Recipient of the Canadian Bar Association's Ramon John Hnatyshyn Award for Law, recognizing outstanding contribution to the law or legal scholarship in Canada (2004)
    • Honorary degree from McGill University (2007)
    • Emeritus lawyer distinction from the Québec Bar (2009)
    • Honorary degree from the Université Jean Moulin 3 (2009)
    • Honorary degree from the Université de Montpellier (2015)
    • Recipient of the Grand Officer medal from l'Ordre national du Québec (2012)
    • Officer of the Order of Canada (2014)

    MEMBERSHIP / AFFILIATIONS

    • Honorary President of the Québec division of the Association Henri Capitant des amis de la culture juridique française
    • First vice-president of the Institut International des droits des pays d'expression française
    • Academy Member, International Academy of Comparative Law
    • Academy Member, Academia Puertorriqueña de jurisprudencia y legislacion de Puerto Rico, since 1993
    • Academy Member of the French Academie des Sciences d'Outremer (2014)
    • Member of the Canadian Institute for the Administration of Justice
    • Member of the Académie des lettres du Québec and the Royal Society of Canada
    • Member of the Association québécoise du droit comparé
    • Member of the Société française de législation comparée
    • Director of the Collection Minerve d'ouvrages de droit (Éditions Yvon Blais)
    • Member of the Civil Law Initiative's Technical Council (Paris)
    • Quebec editor of the Canadian Bar Review (1983-1989)
    • Legal counsel at Geoffrion, Prud'homme (1980-1983), Aquin, Chénard (1983-1985), Leclerc, LeBel (1986-1989)
    • Commissioner, then vice-chair of the Law Reform Commission of Canada (1976-1980)
    • Secretary of the Comité sur les obligations of the Civil Code Revision Office (1966-1977)
    • Member of the Journées Strasbourgeoises planning committee (1988, 1992, 1996, 2000, 2004, 2008)
    • Guest professor at Addis Ababa University (1965), Louisiana State University (1968, 1970) Univeristé de Sherbrooke (1967, 1968), McGill University (1969, 1977), University of Warsaw (1983, 1988), the Swiss University of Fribourg (1989), Université Paris XII (1988), the University of Toronto (1988), Université Paris I (1988), the Institute of Comparative Law at the University of Genoa (Italy) (2004, 2005), and three Tokyo universities (2008)

  • Nikolas Blanchette

    Partner

    +1 514 397 7679

    nblanchette@fasken.com

    Nikolas Blanchette is a litigator with the Litigation and Dispute Resolution group. His practice focuses mainly on complex civil, administrative, and commercial disputes. He specializes in real estate and contract litigation.

    Real Estate Litigation

    Nikolas heads the real estate litigation practice group in the Montréal and Québec City offices. He has extensive experience in the following areas: commercial leases, municipal taxation (commercial, industrial and mining sites), co-ownership, real estate projects and transactions, zoning and urban planning, latent defects, soil contamination, real estate appraisal, neighbourhood disturbances, etc. He has considerable experience in expropriation and often works with specialized appraisers.

    Contract and Civil Litigation

    Nikolas is also regularly called upon to resolve contract disputes and has handled a wide variety of complex agreements (sales, service, franchise, insurance, financing, distribution, transportation, royalty, consignment, instalment sales, etc.), involving clients from different sectors of the business community. Over the years, Nikolas has developed an expertise in contract interpretation which he regularly shares with his colleagues through professional training sessions.

    Global approach by a determined litigator

    Nikolas favours a dispute resolution approach that balances the stakes, costs and client objectives. He handles his cases pragmatically, with the goal of achieving the desired outcome as effectively as possible. He does not hesitate to raise the most creative and ingenious arguments before the courts in order to ensure the success of the mandates with which he is entrusted. His cases often require quick procedural interventions such as safeguard orders, seizures, injunctions, evictions, etc.

    Nikolas regularly appears before the Quebec civil courts and administrative tribunals at both the trial and appellate levels, and also pleads before domestic arbitration boards

    HONOURS AND AWARDS

    • LL.B. UdeM (2006) – Dean's list of excellence for Université de Montréal's faculty of law

    COMMUNITY INVOLVEMENT

    • Vice President-Communications of the Board and active Member of Groupe Connexions Montréal, a non-profit multidisciplinary organism created to develop a network for young professionals throughout the Greater Montreal area
    • Speaker, Operation Back to School organized by The Board of Trade of Metropolitan Montreal (16th and 17th Editions)
    • Member of the jury for the South-West and Ville-Marie sectors of the Québec Entrepreneurship Contest (QEC) (2013 Edition)
    • Pro bono representation of Maison du développement durable (since 2013)
    • Member of the jury of the Québec Entrepreneurship Contest (QEC), SDÉVM division (Société de développement économique de Ville-Marie) (2012 Edition)

    MEMBERSHIP / AFFILIATIONS

    • Member, Canadian Bar Association
    • Member, Young Bar Association of Montréal
    • Member, Urban Development Institute of Quebec
    • Membre, Jeune Chambre de commerce de Montréal

  • Patrice Deslauriers

    Full professor Faculty Of Law, Université de Montréal

    +1 514 343-7466

    patrice.deslauriers@umontreal.ca

    Patrice Deslauriers has a Bachelor’s and a Master’s Degree from Université de Montréal, as well as a Master’s of Advanced Studies (D.E.A.) Degree in private law from Université Panthéon-Sorbonne (Paris I). He was called to the Barreau du Québec in 1987 and is a Full Professor at the Faculty, where he has been teaching since 1990. He has also occupied the post of Associate Dean, Academic Development. Since 2003, he has been the associate editor of The Canadian Bar Review.

    At Université de Montréal, he teaches civil liability, the theory of obligations, professional liability and insurance law, among others. Patrice Deslauriers has been a visiting professor at Universités Paris XII (St-Maur), Paris II (Panthéon-Assas) and Paris I (Panthéon-Sorbonne), is a lecturer at École du Barreau du Québec and has been a conference speaker in Quebec and around the world.

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