Jean G. Bertrand, Ad E
Jean Bertrand focuses on commercial and corporate litigation, including class actions and arbitration, and on administrative law, with emphasis on regulated activity such as competition, transportation, international trade and energy.
He has appeared frequently before Quebec and federal courts, including the Supreme Court of Canada, as well as before regulatory boards such as the Commission des transports du Québec, the Régie de l’énergie, the Competition Tribunal, the Canadian International Trade Tribunal and the National Energy Board. He has also appeared before parliamentary commissions and other government bodies regarding proposed changes to legislation or to government policies. He has extensive experience representing the Canadian and Quebec governments in negotiations with First Nations peoples.
From 1992 to 1993, Mr. Bertrand was one of 25 Canadian experts eligible to sit on Binational Panels under Chapter 19 of the Canada-U.S. Free Trade Agreement.
Mr. Bertrand was managing partner of our Montréal office from 2010 to 2015. He was also a lecturer and examiner at the Quebec Bar Admission Course from 1987 to 1993.
LL.L., Université de Montréal, 1981
Mr. Bertrand has acted for the following clients:
- Hydro-Québec in numerous instances, including in the context of several claims flowing from the 1998 Quebec ice storm, including a multibillion dollar AAA international commercial arbitration of a dispute with a group of Vermont utilities; before the Joint Review Panel for the Sable Island offshore gas projects off the Nova Scotia coast; before the National Energy Board in connection with the approvals required to give effect to multibillion dollar long-term electricity export contracts with the United States; and before the Federal Court of Appeal and the Supreme Court of Canada in judicial review matters and appeals from decisions of the National Energy Board
- The Province of Nova Scotia in the context of the arbitration of a dispute with the Province of Newfoundland and Labrador over their respective offshore areas and natural resources
- The Government of Quebec in its discussions with the Innu First Nations of Quebec regarding their comprehensive land claim and in negotiations with the Cree of James Bay pertaining to the implementation of the James Bay Agreement; and the Government of Canada in the negotiation of a comprehensive land claim with the Mohawks of Kanesatake
- Bombardier in disputes over the award of a $1.2-billion contract for the renewal of 725 subway cars in Montreal
- Quebecor World Inc. (now World Color Press Inc.) in its successful emergence from creditor protection under the Companies’ Creditors Arrangement Act in Canada and, in respect of certain U.S. subsidiaries, Chapter 11 of the United States Bankruptcy Code
- In class action proceedings on behalf of GSK (the antidepressant Paxil), Mattel (toy recall), Emergis (service charges), ADM and Lonza AG (price fixing of vitamins, lysine and citric acid) and Nortel Networks (restatements of financial results)
- Metro-Richelieu, Alcan and Domtar before the Quebec courts in the context of their respective corporate reorganizations through arrangements with their shareholders
- The Competition Bureau before the Competition Tribunal and the appellate courts in the dispute involving Air Canada and Canadian Airlines International over the merger of their computer reservation systems into Gemini
- Immeubles Graybec in a dispute over the interpretation of a right of first refusal as between shareholders, which was ultimately adjudicated by the Supreme Court of Canada
- Various public issuers in the context of investigations conducted by securities regulators and CFCF, Amdahl, Quebecor Media and Videotron in corporate disputes pertaining to take-over bids, shareholders’ remedies and insider trading
Rankings and recognitions
- Chambers Canada (2016-2017): Dispute Resolution (Quebec)
- Best Lawyers in Canada (2006-2017) Class Action Litigation; Corporate and Commercial Litigation; Director and Officer Liability Practice; Securities Law
- Best Lawyers in Canada, 2016-2017 Bet-the-Company Litigation
- The Legal 500 Canada (2014-2016): Dispute Resolution: Quebec
- Canadian Legal Lexpert Directory (2012-2017): recommended in Litigation - Corporate Commercial; Litigation - Directors’ & Officers’ Liability
- Canadian Legal Lexpert Directory (2012-2014): recommended in Litigation – Securities
- Canadian Legal Lexpert Directory (2014): recommended in Transportation (Road & Rail)
- Canadian Legal Lexpert Directory (2012-2013): recommended in Class Actions
- Benchmark Canada (2012-2013): recognized as a local litigation star in Quebec; Litigation star in Canada in Competition, Energy and Natural Resources, Aboriginal and Arbitration
- Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2011-2013): most frequently recommended in the area of Corporate Commercial Litigation
- Canadian Legal Lexpert Directory (2012): recommended in International Commercial Arbitration
- Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide) (2011): Litigation – Corporate commercial; Litigation – Class actions
- Named Advocatus Emeritus by the Quebec Bar
- Fellow, American College of Trial Lawyers
- Fellow, Litigation Counsel of America
Mr. Bertrand is regularly invited to give conferences on a variety of topics pertaining to law and business. Recent speaking engagements include:
- World Recognition of Distinguished General Counsel (panelist), Directors Roundtable, Montreal, May 8, 2012.
- “Analysis of the decision in Le Groupe Vidéotron Ltée et Quebecor Media Inc. c. Claude Chagnon,” 18th Seminar for Lawyers Specializing in Securities, Mont-Tremblant, QC, October 14-16, 2009.
Memberships and activities
- Bar of Montreal
- Canadian Bar Association
- American Bar Association
- Litigation Counsel of America
- Quebec Bar
- Class Actions Committee (2006- )
- Past member Canadian Transport Lawyers’ Association (CTLA) (1990-2013)
- Past member Transportation Lawyers Association (TLA) (1990-2013)
This 23-year long auditors' negligence case and related cases concluded after the Ontario Superior Court of Justice sanctioned a settlement plan .
February 22, 2016
Sophie Melchers, partner in the Montreal office of Norton Rose Fulbright Canada, has become a Fellow of the American College of Trial Lawyers..
October 29, 2015