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Josée Cavalancia

Josée’s practice focuses on commercial and civil litigation, and she has developed a particular expertise in class actions. Over the years, Josée has amassed her solid experience both by defending class actions and by acting on behalf of plaintiffs, in matters involving product and pharmaceutical liability as well as in the fields of securities, competition, privacy and consumer law.

In addition to her expertise in class actions, Josée has also represented both multinationals and SMEs from a wide range of industries in cases before the various levels of Québec and federal courts, as well as in negotiations and mediations. Josée has also a recognized training and is accredited as a mediator in civil and commercial matters.

Josée obtained a Master of Business Administration (MBA) from HEC Montréal, and with a background as an entrepreneur in the restaurant industry, is recognized by her clients for her excellent business acumen and comprehensive understanding of business issues.

Also a corporate director of various organizations, Josée has been an active member of several boards of directors in recent years, including La Cordée Plein Air Inc. and the Junior Chamber of commerce of Montreal. She is currently Chair of the Board of Directors of Æquo Shareholder Engagement Services Inc., a professional firm that advises asset holders and managers in matters of responsible investment and that carries out shareholder engagement initiatives on their behalf regarding ESG (Environmental, Social, and Governance) issues.

  • Represented major manufacturers and distributors of the automotive industry in product liability class actions.
  • Represented an investors’ association in a class action against a financial institution, in particular on the grounds that it failed to disclose certain information to its shareholders. Mouvement d’éducation et de défense des actionnaires c. Banque Laurentienne du Canada (500-06-001076-203) (Sup. Ct.).
  • Represented a major asset management company in an action based on the Securities Act alleging misrepresentation by Valeant Pharmaceuticals: Blackrock Asset Management Canada c. Bausch Health Companies Inc. (500-103749-183) (Sup. Ct.).
  • Represented an association whose mission is to defend the rights of consumers in class actions for conspiracy, anti-competitive practices, and price fixing against ro-ro shipping companies: Option consommateurs c. Nippon Yusen Kabushiki Kaisha et al. (500-06-000657-136) (Sup. Ct.).
  • Represented a multinational pharmaceutical manufacturer contesting a product liability action related to medication used as hormone replacement therapy: Masson c. Centre de santé et de services sociaux de St-Jérôme (CSSS), 2012 QCCS 178 and Masson c. Centre de santé et de services sociaux de St-Jérôme (CSSS), 2012 QCCA 921.
  • Represented multinational pharmaceutical product manufacturers challenging various class actions in product liability, including injection contraceptives, children’s cough and cold medications, and hormone replacement therapy.
  • Represented a plaintiff franchisor in the termination of franchise, lease, and supply agreement and in injunction proceedings: Mikes Restaurants Inc. c. 3806235 Canada Inc., 2007 QCCS 1814.
  • Represented an oil company challenging an action by a landowner under the Environment Quality Act, dealing in particular with issues related to land decontamination: Gagnon c. Suncor Énergie inc., 2014 QCCS 3669.
  • Represented an oil company in various commercial and contractual disputes involving real estate and the environment.
  • Represented a mining company in a dispute with a municipality under the Expropriation Act and the Mining Act: Duparquet (Ville de) c. Mine d’or Eldorado inc., 2009 QCCS 4547.
  • Represented the plaintiff educational institution in a dispute involving the construction of a real estate project and involving the owner, the general contractors, the subcontractors, and the insurers.
  • Defended financial institutions an action for damages against them as a negotiating bank and dealing with issues of bills of exchange and taxation.
  • Defended a physician in an action for medical liability by a patient.
  • Defended a firm of actuaries an action for professional liability by a pension committee.
  • Defended a non-profit organization dedicated to the development of children and youth (pro bono mandate) in an action for damages involving a volunteer and a former beneficiary.
  • The Best Lawyers in Canada®, Class Action Litigation Corporate and Commercial Litigation
  • The Best Lawyers in Canada®, Litigation — Class Actions (2022-2023)
  • 2018 – MBA HEC Montréal – With Honors
  • Professor and supervisor at the legal clinic at the Barreau du Québec School
  • Member of the Quebec Bar (2002)
  • Accredited mediator, Civil, Commercial and Labour mediation
  • Accredited mediator, Small Claims
  • Canadian Bar Association
  • Association of Quebec Women in Finance
  • Panel on ESG Class Actions (moderator) at the National Conference on Class Actions, November 2023.
  • “Développements jurisprudentiels récents en droit de l’action collective” in Barreau du Québec – Service de la formation continue, Colloque national sur l’action collective – Développements récents au Québec, au Canada et aux États-Unis (2022), Cowansville, Yvon Blais, 2022.
  • “Développements jurisprudentiels récents en droit de l’action collective” in Barreau du Québec – Service de la formation continue, Colloque national sur l’action collective – Développements récents au Québec, au Canada et aux États-Unis (2021), Cowansville, Yvon Blais, 2021.
  • Speaker for the Annual review of recent caselaw in Québec class actions, presented at the 2021 National Conference on Class Actions organized by the Québec Bar, October 21, 2021.
  • “Développements jurisprudentiels récents en droit de l’action collective” in Barreau du Québec – Service de la formation continue, Colloque national sur l’action collective – Développements récents au Québec, au Canada et aux États-Unis (2020), Cowansville, Yvon Blais, 2020.
  • Speaker, “L’action collective en matière de valeurs mobilières: Quoi retenir des jugements rendus dans la dernière année” – conference presented by the Canadian Bar Association (CBA), Québec division, October 1st, 2020.

 

  • Speaker for the Annual review of recent caselaw in Québec class actions, presented at the 2020 National Conference on Class Actions organized by the Québec Bar.
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