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Sophie Melchers

Partner

Sophie Melchers

Montréal

T:+1 514.847.4784

Sophie Melchers practises mainly in the areas of commercial, corporate and securities litigation. She has represented clients before the Quebec courts and the Supreme Court of Canada in connection with disputed take-over bids, dissenting shareholder remedies, plans of arrangement, insider trading and market manipulation.

Her broad expertise in securities litigation also encompasses representation of reporting issuers in connection with investigations conducted by the AMF, Quebec's securities regulator, into insider trading, market manipulation and continuous disclosure and their representation in defence before the Tribunal administratif des marchés financiers and the penal courts in proceedings instituted by the AMF.

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  • Education

    LL.B., Université de Montréal, 1993
    Canadian Securities Course
    Introduction to Derivatives, Derivatives Institute

  • Representative experience

    Ms. Melchers is currently acting or has acted in the following matters:

    Corporate and Securities Litigation

    • Various public issuers and some of their executives (including the former CEO of Amaya Gaming) in the context of investigations or lawsuits by the AMF in connection with alleged tipping, insider trading and market manipulation
    • SNC-Lavalin Group Inc. in connection with a confidentiality order issued by the AMF
    • Resolute Forest Products (formerly AbitibiBowater Inc.) in connection with its hostile takeover bid for Fibrek Inc., including on several cease trade applications in respect of poison pills and a private placement of special warrants
    • Fibrek Inc. in litigation with dissenting shareholders on the fair value of its shares

    Commercial litigation

    • Hydro‑Québec in its successful motion for declaratory judgment asking the court to confirm that Hydro‑Québec will not be obliged to limit its requests for energy deliveries from CF(L)Co under the long‑term supply contract between Hydro‑Québec and CF(L)Co to fixed monthly blocks from 2016 to 2041 (in appeal)
    • Hydro‑Québec in the unsuccessful application by CF(L)Co seeking the revision of the pricing terms of the long-term supply contract between Hydro‑Québec and CFLCo (in appeal)
    • BMO Nesbitt Burns and one of its investment advisors in a suitability claim

     

  • Admissions
    • Quebec 1994
  • Rankings and recognitions
    • Fellow, American College of Trial Lawyers (2015) and Litigation Counsel of America (2017)
    • Canadian Legal Lexpert Directory, 2012-2017: recommended in Litigation – Corporate Commercial; Litigation – Securities
    • Best Lawyers in Canada, 2010-2017: Corporate and Commercial Litigation
    • Best Lawyers in Canada, 2017: Bet-the-Company Litigation
    • Chambers Canada, Quebec: Litigation – General Commercial, Chambers and Partners, 2019
    • Chambers Global: Canada, 2014-2015: Dispute Resolution: Quebec
    • Benchmark Canada, 2012-2016: recognized as a local litigation star in Quebec; Litigation star in Canada, namely in Securities 2012-2017; Top 25 Women in Litigation – Canada, 2014-2017
  • Publications

    "The Power of Securities Commissions to Compel Testimony: A Comparative Perspective," with J. Beaudoin and F.N. Nadima, in Annual Review of Civil Litigation 2017.

  • Speaking engagements
    • Directors' Liability and Governance," conference presented with T. Dorval at the Institute of Corporate Directors' Governance College, Montreal, February 2010 and 2011, April 2013 to 2017 and November 2018.
    • "White Collar Investigation and Prosecution" (panelist, with D.J. Fetterman and S. Seida), New York Bar Association, October 26, 2018.
    • "Éviter les écueils lorsqu'en possession d'information privilégiée" (panelist, with M. Bédard, AMF and J. Demers, Manac), Canadian Bar Association, November 7, 2017.
    • "The Exercise of the Public Interest Jurisdiction by Regulators: Challenges, Opportunities, and Perspectives" (panelist, with S. Rousseau and N. Kanji), 2015 Biennial Commissioners Conference, Montreal, June 2, 2015, and CSA conference, Montreal, November 4, 2016.
  • Memberships and activities
    • American College of Trial Lawyers
      • Quebec Province Committee and Canada-United States Committee
    • Litigation Counsel of America
    • Barreau de Montréal
      • Chair of the Liaison Committee with the Tribunal des marchés financiers (2014 – 2018)
    • Canadian Bar Association