Judgments of note
Notice
The judgments on this page are only an illustration of the some of the judgments pleaded by IMK's lawyers. IMK makes no representation about their representivity in terms of the number of cases pleaded by IMK's lawyers, or the results obtained.
Adams v. Amex Bank of Canada
Peter Kalichman, Catherine McKenzie and Mathieu Bouchard represented the Plaintiff in this class action against Amex Bank of Canada for charging hidden foreign conversion fees to its customers from 1993 until 2003. In conjunction with a related case, the judgment against Amex is one of the largest class action awards to date in Canada. The judgment is presently in appeal.
Auton c. Procureur général de Colombie-Britannique
Doug Mitchell represented the interverner, Michelle Dawson, at the Supreme Court of Canada. The case involved the government’s obligation to provide specific forms of treatment for autistic children.
Rosso v. Autorité des marchés financiers
Doug Mitchell and Sophie Perron successfully defeated a request to authorize a class action against the Autorité des marches financiers. The request for authorization was brought by a group of investment advisers and was related to the Norbourg scandal. This decision was confirmed by the Court of Appeal, and leave was refused by the Supreme Court of Canada.
500-06-000346-060, November 23, 2006 (S.C.)Bank of Montreal v. Bail Ltée
Colin Irving represented the Bank of Montreal in this seminal decision of the Supreme Court that established the existence of the duty to inform in contractual matters. This decision has had a major impact on the law of contractual relations in the Province of Quebec, particularly as regards the duty to act in good faith.
[1992] 2 S.C.R. 554Bank of Montreal v. Kuet Leong Ng
Colin Irving successfully represented the Bank of Montreal before the Supreme Court in a case involving an employee’s obligation of honesty and loyalty toward his employer.
[1989] 2 S.C.R. 429François Beaudoin v. Banque de développement du Canada
Doug Mitchell and Sophie Perron represented Mr. Beaudoin, the ex-president of the Business Development Bank of Canada ("BDC") in this case which successfully sought the re-establishment of the retirement pension that had been granted to Mr. Beaudoin at his dismissal.
500-05-061128-003, February 6, 2004 (S.C.)Beaulieu Immobilier c. Industrielle Alliance
Doug Mitchell and Éric Cadi represented the Plaintiff who was seeking a commission based on the receipt of certain government subsidies to Industrielle Alliance. Judgment was awarded in the Plaintiff's favour.
Buesco Construction Inc. v. the Royal Institution for the Advancement of Learning et al.
Peter Kalichman and Sophie Perron represented a builder whose contract on a major renovation project had been cancelled. The claim to recover the contractor’s damages was successful and was never appealed. The case establishes certain important principles involving the termination of construction contracts.
500-05-053698-997, April 19, 2005 (S.C.)Convergia Networks Inc. v. Bell Canada
Peter Kalichman and Catherine McKenzie successfully represented a telecommunications company in a contractual claim against Bell Canada involving multi-million dollar damages and an injunction preventing the cancellation of a contract.
500-05-072960-022, February 27, 2003 (S.C.)Robert Conyers v. Bio Syntech (Canada) Inc.
The Superior Court confirmed the Plaintiff's entitlement to stock options following termination of his employment and on the basis of a commitment made by the Defendant's President outside the company's stock option plan. (Kurt A. Johnson)
500-17-019201-048, July 11, 2005 (S.C.)Commission d’enquête sur les commandites (Commission Gomery)
Doug Mitchell and Sophie Perron represented the Liberal Party of Canada during the Commission of Inquiry.
La ligue catholique pour les droits de l'homme v. Michael Hendricks et als.
The judgment of the Quebec Court of Appeal in this case legalized gay marriage in Quebec. Colin K. Irving and Catherine McKenzie together with Martha McCarthy from Toronto argued the appeal for the successful respondents.
500-09-012719-027, March 19, 2004 (C.A.)Le procureur général du Québec v. Brigitte Herrmann-Busson et als.
Following an epic, seven-year battle with the Government of Quebec, Kurt A. Johnson obtained ownership on behalf of the plaintiffs of the lakefront portion of their property first by the Superior Court and subsequently by the Quebec Court of Appeal. The disputed piece of property had been incorporated by the government and the local MRC into a bicycle and snowmobile path commonly referred to as the "corridor aérobique". The Plaintiffs are now pursuing the Government for compensation for having been deprived of the use of their property for almost ten years.
500-09-014593-040, July 18, 2005 (C.A.)Paul-Loup Sulitzer v. Banque Nationale du Canada, Trust Banque Nationale Inc. et Delphine Jacobson et als.
Peter Kalichman and Sophie Perron successfully defended in a case involving a complicated trust that had been established in Quebec and a multi-million dollar claim brought by a prominent French author. The case was upheld in appeal.
500-05-071302-028, August 12, 2005 (S.C.)La procureure générale du Canada et La Société canadienne du cancer v. JTI-Macdonald Corp.
This case involved a challenge by JTI-Macdonald and Canada's other leading tobacco companies to the constitutionality of the Tobacco Act, which severely restricted their right to advertise. Doug Mitchell and Catherine McKenzie argued this case in first instance, at the Court of Appeal, and at the Supreme Court of Canada.
2007 SCC 30Betty Rhind v. Digital World Financial Inc. et als.
Kurt A. Johnson successfully recovered for the plaintiff close to a million dollars in savings which had been invested in what amounted to be an illegal investment scam. Both the Superior Court and the Quebec Court of Appeal confirmed the responsibility of the professional liability insurers on the basis that the co-defendant mutual fund representative was indeed acting in the performance of his functions when the faithful investments were made.
500-17-024398-052, February 20, 2007 (S.C.)RJR-Macdonald Inc. v. Canada (P.G.)
Colin Irving and Doug Mitchell acted in first instance, at the Court of Appeal and at the Supreme Court in a successful challenge of the Tobacco Products Control Act. The case also involved an interim decision involving a stay of proceedings which was also decided at the Supreme Court. Both the final decision and the decision on the stay of proceedings are among the most oft-cited cases in Canadian jurisprudence.
[1995] 3 S.C.R. 199Société Radio-Canada et al. v. Le procureur général du Québec et als.
Doug Mitchell represented the Quebec Bar as an intervener in a case involving the constitutionality of restrictions on journalists in the Court House. The Bar's legal position was accepted by the judge in first instance. The case is presently in appeal.
500-17-027637-050, October 20, 2006 (S.C.)