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Caroline
Biron, ASC
Member of the Quebec Bar since 1992Languages: French, English
Managing partner of the firm, Caroline has been practicing in the field of commercial and corporate litigation since her admission to the Quebec Bar in 1992. She has pleaded before the Supreme Court of Canada, the Superior Court, the Court of Appeal, and the Federal Court, as well as several administrative tribunals. She has also participated in numerous arbitrations. As a litigator, she has experience with almost every type of civil claim, across a broad range of industries, including financial services, insurance, investment funds, media, telecommunications, technology, medical, pharmaceuticals, consumer products, real estate, transportation, travel retail, publishing, and professional consulting and accounting.
She has successfully represented Canadian, American and European public and private companies as well as their officers, directors, shareholders and auditors in the context of complex litigation arising out of complex commercial agreements, breach of contract, false advertising and false representations, fraud and cybersecurity breaches, shareholders’ disputes, executive terminations, mergers and acquisitions, professional liability and insurance issues. Caroline regularly provides advice to private corporations and their boards on a number of issues relating to their governance.
Caroline also has significant and varied experience in defending against class action proceedings involving product liability, false advertising, competition law, intellectual property, and the manipulation of financial instruments.
Caroline is highly esteemed by her peers and clients and featured in the most reputable legal publications, including the Benchmark Litigation, which named her in 2021 among the 50 best litigators in Canada for the third year in a row. She is a skilled advocate, recognized for her strategic mind and her professional ethics, and a committed mentor to younger lawyers. Her involvement in the business and cultural communities is also significant. Caroline is a member of the Executive Committee of the Institute of Corporate Directors and Chair of the Board of Directors of the Théâtre du Nouveau Monde.
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Recent distinctions
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REPRESENTATIVE MANDATES
Represented before the Supreme Court of Canada an accounting firm that was faced with a claim by a trust (through its trustees) for damages resulting from the bankruptcy of a holding company of which the trust was the sole shareholder. The Supreme Court upheld the decisions of the Superior Court and the Quebec Court of Appeal, and dismissed the lawsuit against our client. The Court reiterated that in Quebec civil law as in Canadian corporate law, shareholders do not have a right of action in respect of faults committed against the corporation in which they hold shares unless it is establish that they suffered a direct prejudice distinct from that suffered by the corporation, in relation to a distinct obligation (Brunette v Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55)
Legal counsel to Hachette (Groupe Lagardère) in a commercial arbitration whereby Hachette sought and obtained the annulment of an asset purchase agreement.
Legal counsel for Navigant Consulting LJ Inc. in two motions by Pharmaprix Inc. and the Quebec Pharmacists operating under its banner seeking to obtain by way of a safeguard order the stay of an administrative inquiry of the Régie de l’assurance maladie du Québec (RAMQ) on the basis of an alleged conflict of interests and the alleged communication of privileged information by its forensic accountants, Navigant Consulting LJ Inc. These motions were rejected by the Honourable Brian Riordan, j.c.s., on July 7, 2014 and his decision was confirmed by the Court of Appeal of Quebec on October 22, 2014.
Legal counsel for BPO Properties in the attempt by a group of minority shareholders to postpone the annual general meeting.
Legal counsel for several officers of public issuers in the context of inquiries carried out by the AMF or the OSC.
Legal counsel for a majority shareholder of an important corporation in a litigation following a hostile takeover by another corporation.
Legal counsel for a group of minority shareholders in the context of the privatization of an important corporation.
Legal counsel for several Canadian and European corporations in class action proceedings involving various allegations such as collusion, price fixing, etc.
Legal counsel for CGI in a major commercial dispute with one of its suppliers, Aveos.
Legal counsel for a number of auditors in the context of proceedings involving their professional liability
DISTINCTIONS
Fellow of the Litigation Counsel of America, a prestigious organization bringing together the best litigators in the United States and Canada.
Recognized by Benchmark Litigation as one of the Top 100 Women in Litigation in Canada in 2022.
Recognized by Benchmark Litigation as one of the Top 50 Women in Litigation since 2020.
Recognized by Benchmark Litigation as one of the Top 25 Women in Litigation in 2019.
Benchmark Litigation also identifies her as a Litigation Star since 2017.
Recognized by The Canadian Legal Lexpert® Directory since 2015 as a leading trial lawyer in arbitration, corporate commercial litigation, litigation - directors' & officers' liability, professional liability.
Recognized by The Best Lawyers in Canada since 2019 as a leading trial lawyer in corporate and commercial litigation, class actions, product liability law and director and officer liability practice.
EDUCATION
2022 Competent Boards
Global Certificate and Designation in Environmental, Social & Governance ("ESG")
2017 Université Laval – Collège des administrateurs de sociétés
Certificate in Corporate Governance, ASC
1990 Université de Montréal, Faculty of law
Bachelor of Laws (LL.B.)
1987 University of Western Ontario
Administrative and Commercial Studies
PROFESSIONAL ACTIVITIES AND ASSOCIATIONS
Mtre. Biron taught Civil Evidence at the École du Barreau from 2014 to 2018.
Professional associations
Quebec Bar
Governor of the Foundation of the Quebec Bar
Canadian Bar Association
International Bar Association
International Association of Lawyers
Association des diplômés en droit from l’Université de Montréal (ADDUM)
Mentor in the pilot project of the Canadian Institute for the Administration of Justice
Para-professional associations
President, Théâtre du Nouveau Monde Board of Directors (TNM)
Board of Directors (executive committee) of the Fondation du Théâtre du Nouveau Monde (TNM)
Board of Directors (Administrator) of the CHU Sainte-Justine Foundation
National Bank Trust Inc. (Board of Directors) (2018 - 2019)
Montreal Council on Foreign Relations (CORIM)
Honorary Board of the Ballets Jazz de Montréal (BJM)
Governor of Les Amis de la Montagne
Membership Committee of the Mount Bruno Country Club (MBCC)
Member of the organizing committee of several charitable fundraising events:
- Since 2016, for the Fondation CHU Sainte-Justine, “Cachou” and “Du fond du choeur”
- Since 2013, for Les Amis de la montagne, "Chapeau Mont Royal”
- In 2011, for the Fondation du cancer du sein, “Dans le Jardin”
- Since 2015, for the Fondation du Théâtre du Nouveau Monde
PUBLICATIONS AND CONFERENCES
Ces nouveaux vices qui nous guettent, in Premières en affaires, April/May 2015
Risk Management Seminar – Point of view of litigation lawyer,Conference organized by the OCAQ together with AICA Services Inc., Montreal, May 10, 2012
Revue jurisprudentielle des décisions importantes en matière de litiges commerciaux, Conference of the Canadian Bar Association, Quebec Division, Montreal, February 9, 2011
"Recent Developments in Brokers’ Liability in Canada," the 2011 Annual Review of Civil Litigation, Toronto, Carswell, 2011
Professional liability and arbitration, Conference organized by par Aica Services, Las Vegas, October 2008
"The Certification of Class Actions in Canada," the 2006 Annual Review of Civil Litigation, Toronto, Carswell, 2006