Professionnal career
Admitted to the Bar : Québec – 1987
Education : Bachelor of Laws (LL.B.), Université de Sherbrooke (1986)
Benoît Lapointe is a partner and co-founder of the firm.
He has been practising civil and commercial litigation for over 30 years. He has appeared regularly in commercial arbitration matters, as well as before the courts of first instance, the Quebec Court of Appeal and the Federal Court of Canada.
Benoît has successfully handled and litigated complex cases, including in contractual litigation, shareholder and corporate law, real estate law, intellectual property, estates and trusts, and labour law.
He has also pleaded class actions on the merits.
A formidable negotiator, Benoît knows when the time is ripe for a good settlement.
Benoît is known for his pragmatic approach, always aiming to attain his clients’ objectives as quickly as possible. His clients particularly appreciate his clear opinions, his judicious advice, and his ability to understand their situations and issues. Benoît has a keen ability to communicate the most complex concepts in everyday language.
Recognition
- Best Lawyers in Canada®, Litigation – Class Action
- Best Lawyers in Canada®, Corporate and Commercial Litigation
- Benoît Lapointe, “Le recours pour oppression : quand l’enquête préalable est nécessaire à l’exercice de vos droits”, February 1, 2016.
- Benoît Lapointe, “Le recours pour oppression : quand l’entreprise agit de manière abusive et injuste”, February 1, 2016.
- Benoît Lapointe: “L’action oblique : quand l’entreprise néglige d’exercer ses recours.”, January 20, 2016.
- Benoît Lapointe and Violette Leblanc: “Le statut de plaignant de l’actionnaire non-inscrit aux livres de la société en matière de recours pour oppression” in Barreau du Québec – Service de la formation continue, Développements récents en droit des affaires (2012) (Cowansville, QC: Yvon Blais, 2012).
- Benoît Lapointe: “Certaines mesures accessoires au recours pour oppression en vertu de la Loi canadienne sur les sociétés par actions”, January 22, 2000.
- Guest speaker on several occasions for the Québec Bar, due to his vast experience in shareholder and corporate law.
- Represented directors of a bankrupt corporation in a class action by the former employees for unpaid salaries and other benefits: Masson c. Thompson, J.E. 92-337 (S.C.) and Thompson c. Masson, [1993] R.J.Q. 69 (C.A.).
- Represented ousted shareholders of a private telecommunications company: Gestion Bon Conseil inc. c. Guèvremont, 2006 QCCA 109 and Gestion Bon Conseil inc. c. Guèvremont, J.E. 2003-601 (S.C.).
- Represented a company in the food industry against a competitor infringing its trademark: Lesters Foods Ltd. c. Lesters Delicatessen and Hot Smoked Meat Inc., 2008 QCCS 2010.
- Represented an heir excluded from his share of the estate by the family members of the deceased: Nicolas (Succession de), 2007 QCCS 5512 and Nicolas (Succession de) c. Guillemot, 2009 QCCS 6643.
- Represented the heirs of a succession against the mandatary in case of incapacity and liquidator of the succession who appropriated part of the deceased’s assets: Legault c. Baur-Côté, EYB 2008-130647.
- Represented the heirs to have the legal devolution regime declared applicable to a succession where there was a draft will, and to have an independent liquidator appointed: Aubert-Côté, 2014 QCCS 4589 and Côté c. Auber-Côté, 2014 QCCA 2352.
- Represented a medical specialist who was wrongfully sued by a colleague and who obtained full reimbursement of his legal fees as well as moral and exemplary damages: Berthiaume c. Carignan, 2013 QCCA 1427 and Berthiaume c. Carignan, 2013 QCCS 1357.
- Represented an heir of a succession sued for restitution of a payment not due: Tremblay c. Lessard, 2019 QCCS 3501.
- Represented a construction company in contractual, extra-contractual, and hypothecary claims: Constructions 3P inc. c. Compagnie de construction Edilbec inc., 2018 QCCS 1254.
- Represented consumers in a class action for false and misleading advertising: Option consommateurs c. Meubles Léon ltée, 2017 QCCS 3526 and Meubles Léon ltée c. Option consommateurs, 2020 QCCA 44
- Represented a minority shareholder and officer unjustly dismissed by the corporation: Brouillette c. Front Row Insurance Broker Inc., 2019 QCCS 3901
- Represented a shareholder at an impasse in a family corporation: 2019 to date
- Represented a group of minority shareholders oppressed by the controlling shareholders of the board of directors of the corporation, in the context of the sale of their shares: 2020 to date
- Represented a partner in the contested dissolution of a law firm: 2021 to date