Professional and Directors’ and Officers’ Liability

All professionals have a fiduciary and legal duty to their clients and the public. The same is required of directors and officers with respect to the company they represent. Woods provides a full range of legal guidance in both the defence and prosecution of professional liability disputes, whether in construction law, corporate law or professional conduct.

We understand that professional reputations are hard to build and easy to lose. Our expertise extends from managing litigation to advising clients on how to prevent such disputes from arising, while keeping in mind the professional objectives of our clients to achieve the desired results in an efficient and optimal manner for their practice.

Woods has successfully represented its clients in a variety of forums, including mediation, private arbitration and public law courts.

Canada Life Assurance Company v. Protection VAG inc., 2021 QCCS 3725
Represented our client in a $8.6M claim made by the plaintiff, The Canada Life Assurance Company, for alleged false representations to induce it to participate in a credit insurance plan reinsured by a captive insurance in Barbados. Our client maintained that it made no representations that would engage its liability and that the plaintiff was the author of its own misfortune. After a 37-day trial, the case was dismissed with costs against the plaintiff.

Alfagomma Inc. v. HSBC Bank Canada, 2022 QCCS 3655
Represented Alfagomma against a financial institution that failed to follow its internal wire transfer protocol and breached its essential obligation of prudence and diligence. This is the first judgment rendered by a Quebec court finding a financial institution liable for losses suffered in the context of a “Fake President” fraud.

Fattal v. Scotia Capital Inc., 2021 QCCS 1471
Successfully acted for our clients who sought to have their investment dealer and one of its representatives condemned for breaches of contractual and regulatory obligations. The court found the representative in breach of his duty to recommend investments consistent with the investor’s profile and the broker in breach of its duty to adequately supervise its representative, and ordered them to compensate our clients, despite challenging circumstances: the professional relationship between the parties had lasted almost 20 years and a loss of profit was claimed, rather than a loss suffered.

Multiple proceedings, mostly in arbitration
Acting for the constructor (joint venture of two multinational corporations) of the CHUM mega-hospital in dozens of contractual disputes (as plaintiff and defendant’s counsel) against entities such as the facility manager, the owner of the project, and various professional consultants and suppliers. Such disputes involve issues concerning project certification, alleged defects and remedial works, security packages and construction liens, as well as associated penalties, deductions and contractual claims.

Syndicat demandeur dans Syndicat des copropriétaires de Vue phase I et II v. Développement Vue phase I Inc., 2020 QCCS 2148
Obtained a precedent-setting damage award of approximately $4M to remedy defects in a building and to compensate for other damages suffered by the Syndicate and 126 co-owners.

Construction G.M.R. Inc. v. Michon, 2017 QCCS 5081 and Michon v. Dallaire, 2019 QCCA 554 
Obtained for Développement Rescom and its administrator the dismissal by the Superior Court of Quebec and the Court of Appeal of a principal action in professional liability in relation to the management of the deposits of certain purchasers in a real estate project for the construction and sale of condominiums and an action in warranty in the event of a potential conviction in the principal action.

Leisure Holdings Inc. v. 2781875 Canada Inc., 2019 QCCS 4831 and Leisure Holdings Inc. v. 2781875 Canada Inc., 2022 QCCA 141
Acted with success at trial and on appeal for WSP Canada Inc. in an action brought on the basis of latent defects identified in a hotel complex, in a context where WSP Canada Inc. had acted as pre-purchase inspector.

Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55
Presented a motion to dismiss proceedings before trial of a $55M claim against an accounting firm that, along with a law firm and tax advisor, had been sued following the bankruptcy of a chain of retirement homes. The dismissal of proceedings was upheld by the Quebec Court of Appeal and by the Supreme Court of Canada.

Sopropharm v. Groupe Jean-Coutu (PJC) Inc.,2017 QCCS 3680
Successfully defended Raymond Chabot Grant Thornton (“RCGT”) before the Superior Court of Quebec in an action for disqualification aiming to restrain RCGT, its partners and employees to act as experts in an important class action.

Lucien Steru, Dominique Steru and CO.DE.MA v. RBC Dominion Securities Inc. and Erik Moisan, docket no. 500-17-059057-102 of the Superior Court
Represented the Plaintiffs in this multi-million dollar claim against their portfolio managers.

Conseillers Fuller Landau inc. v. Bluberi Jeux et Technologies inc.,2014 QCCS 3861
Defended successfully an important accounting firm in an action before the Superior Court of Quebec alleging professional fault in the performance of a mandate to find a new source of financing. Appeal summarily dismissed (2014 QCCA 2298).

102751 Canada inc. v. Black, 2013 QCCS 1321
Obtained the dismissal of an action seeking over $7M from our client KPMG in connection with its role as auditor of a corporation.

Rendez-vous à la rivière pour l’an 2000 v. GENIVAR, Inc., 2011 QCCS 7215
Successfully defended GENIVAR, a civil engineering firm, in a claim involving the design of an inflatable dam.

X Merchant Inc. v. Ginsberg, Gingras & Associés Inc., 2009 QCCS 2042
Successfully defended the trustees in bankruptcy in this claim for purported economic losses related to the management of real property assets.

Represented several executives of public issuers in the context of investigations conducted by the financial market authorities in Quebec and Ontario into suspicious transactions, the adequacy of continuous disclosure, insider trading, etc.