Counsel

Phil’s practice focusses on civil and commercial litigation. He also has significant experience with class actions, exempt market products, tax and estate planning, and administrative and disciplinary law. 

Phil has acted in over 70 files, most of which involved complex legal issues and six- or seven-figure legal risk. He has appeared before the Court of Quebec, each civil division of the Superior Court, and the Court of Appeal. He has also acted before various administrative tribunals, including on securities issues and access to information motions.

Phil has also achieved favourable settlements for his clients, at all stages of judicial proceedings and before their institution, so that his clients could move on with their businesses and their lives. Phil recognises that complex litigation is often instituted for reasons which are not solely related to the legal claims, and that settling legal claims often requires a sophisticated understanding of underlying personal and business issues. Phil has built a reputation as an efficient and reasonable negotiator, whose word can always be trusted. He is always open to settlement discussions, yet is known to be exceedingly well-prepared when issues need to be adjudicated.

Phil has significant experience with taxation and securities regulation. Drawing upon his three financial services designations, he has advised his clients regarding taxation and estate planning and exempt market products. He has also assisted private investment firms with compliance on the exempt market. Phil has stood alongside many of his clients in regulatory and taxation investigations brought about by federal and provincial taxation authorities and Quebec’s securities regulator (the Autorité des marchés financiers). He has achieved settlements at all stages of investigatory processes, from voluntary disclosures to managing and contesting documentary disclosure orders to the assessment and re-assessment of amounts owing and penalties.

Phil has obtained some of the most unusual orders before the Quebec courts, including orders for contempt of court, to hold counterparties to account and maintain judicial integrity. He has particular expertise in urgent and extraordinary proceedings, having successfully sought injunctions, interim stays, and revocation of judgments within days of taking over a file.

Some of his proudest achievements are battles he fought while working for free. From helping a dad earn back the right to see his son to assisting a student in persuading a Canadian university to revoke its civil liability policy for guide dogs and visually impaired individuals, Phil has felt uniquely privileged to defend those who otherwise couldn’t be heard. Most recently, Phil persuaded the Quebec Superior Court to disapprove a joint class action settlement that would have prevented some 2 million Quebecers from obtaining compensation from Uber.

As of January 2024, Phil’s hourly rate is CAD 395. This rate applies to both legal and expert retainers, and it is adjusted periodically. As a result of his involvement in several matters over that past two years, Phil has an extremely restricted ability to take on pro bono work.

Current and Recent Representation

On a pro bono basis, assisted a student in persuading a Canadian university to revoke its civil liability policy regarding guide dogs and visually impaired individuals 

Intervened before the Quebec Court of Appeal in a matter regarding the rights of unrepresented litigants 

On a pro bono basis, sought and obtained summary dismissal of a human rights claim against a nonprofit organization 

Counsel to an individual in complex, multi-jurisdictional litigation involving real estate properties with a net aggregate value exceeding CA$ 3 million 

Counsel in an arbitration under U.S. law and AAA rules seeking collection of a construction loan 

Counsel to a corporation in litigation against two of Canada’s five major banks 

Counsel to a corporation in several confidential settlements regarding an alleged failure to register under securities laws 

Acted against a global operator of luxury hotels. The matter was favorably settled prior to filing the case protocol. 

Counsel to business owners regarding tax and estate planning 

Counsel to business owners regarding exempt market products 

Counsel to taxpayers at various stages of investigatory and enforcement proceedings by taxation agencies 

Counsel to a family in complex real estate litigation involving three private parties and two insurers 

Counsel to an individual in the opening of a protective regime 

Counsel to business owners in settlements regarding alleged penal short-term rental violations 

Counsel to a dental clinic in executing a judgment 

Pro bono counsel to a religious minister in a contractual breach case

Class Actions

Leung v. Uber Canada Inc. et al. 

On a pro bono basis, filed a brief and provided oral representations in opposition to the proposed class action settlement. The Court extensively discussed these submissions in its decision rejecting the joint settlement, which would have prevented approximately two million Quebecers from obtaining compensation from Uber. 

Moushom v. Canada (Attorney General) (as judicial law clerk) 

In this and related proceedings, the Canadian government entered into a 20-billion-dollar settlement regarding the underfunding of certain social services in Indigenous communities.

Ha Vi Doan v. Clearview AI Inc. (as judicial law clerk)

Primo Bedding Company Inc. v. Air Canada (certified in 2019)

A putative class action in the field of health law

Cases as Judicial Law Clerk (reported cases only) (area of law)

Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814 (Intellectual Property)

Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816 (Intellectual Property)

The two preceding cases involved complex factual and scientific issues related to patent infringement. The hearing took place over two months, and the court record encompassed thousands of pages.

Gupta v. Canada (Attorney General), 2020 FC 952 (Administrative)

Catalyst Pharmaceuticals Inc. v. Canada (Attorney General), 2020 FC 938 (Intellectual Property)

Hungbeke v. Canada (Citizenship and Immigration), 2020 FC 955 (Immigration) 

Geophysical Service Incorporated v. Canada (Attorney General), 2020 FC 984 (International Arbitration/Public Law)

This decision clarified and substantially developed the law of international arbitration in Canada.

Onghaei v. Canada (Citizenship and Immigration), 2020 FC 1029 (Immigration) 

Giraldo v. Canada (Citizenship and Immigration), 2020 FC 1052 (Immigration) 

Eyitayo v. Canada (Citizenship and Immigration), 2020 FC 1072 (Immigration) 

Canada (Citizenship and Immigration) v. Clerjeau, 2020 FC 1120 (Immigration) 

Khudeish v. Canada (Citizenship and Immigration), 2020 FC 1124 (Immigration)

Houle v. Canada (Attorney General), 2020 FC 1157 (Administrative) (French proceeding)

Blanchette v. Canada (Attorney General), 2021 FC 115 (Administrative) (French proceeding)

Rouleau-Halpin v. Bell Solutions Techniques Inc., 2021 FC 177 (Labor/Administrative) (French proceeding)

Cotirta v. Canada (Attorney General), 2021 FC 211 (Administrative) (French proceeding)

Célestin v. Canada (Public Safety and Emergency Preparedness), 2021 FC 223 (Immigration) (French proceeding)

Canada (Public Safety and Emergency Preparedness) v. Hamid, 2021 FC 288 (Immigration)

Levett v. Canada (Attorney General), 2021 FC 295 (Taxation)

This case involved complex issues of taxation and international law. In 2022, the Federal Court of Appeal upheld the decision on all material issues.

Tremblay v. Canada (Citizenship and Immigration), 2021 FC 303 (Immigration) (French proceeding)

Zhang v. Canada (Citizenship and Immigration), 2021 FC 328 (Immigration)

Thib v. Canada (Citizenship and Immigration), 2021 FC 331 (Immigration) (French proceeding)

Parmar v. Canada (Citizenship and Immigration), 2021 FC 355 (Immigration)

Sanchez Herrera v. Canada (Public Safety and Emergency Preparedness), 2021 FC 401 (Immigration/Constitutional Law) (French proceeding)

Zamor v. Canada (Citizenship and Immigration), 2021 FC 479 (Immigration) (French proceeding)

Dardari v. Canada (Citizenship and Immigration), 2021 FC 493 (Immigration) (French proceeding)

Catalyst Pharmaceuticals Inc. v. Canada (Attorney General), 2021 FC 505 (Intellectual Property)

This proceeding involved the approval of a drug through the Notice of Compliance regime. The court record encompassed thousands of pages, and the proceeding was highly expedited. The decision substantially developed the framework laid out by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, as it applies to administrative decisions rendered without “reasons.” 

Idriss v. Canada (Citizenship and Immigration), 2021 FC 540 (Immigration) (French proceeding)

Saida v. Canada (Citizenship and Immigration), 2021 FC 600 (Immigration)

Afolabi v. Canada (Citizenship and Immigration), 2021 FC 603 (Immigration)

Barry v. Canada (Public Safety and Emergency Preparedness), 2021 FC 652 (Immigration) (French proceeding)

Titova v. Canada (Citizenship and Immigration), 2021 FC 654 (Immigration)

Bouekassa v. Canada (Citizenship and Immigration), 2021 FC 655 (Immigration) (French proceeding)

Soprema Inc. v. Canada (Attorney General), 2021 FC 732 (Administrative) (French proceeding)

Idahosa v. Canada (Citizenship and Immigration), 2021 FC 767 (Immigration)

Ahmed v. Canada (Citizenship and Immigration), 2021 FC 793 (Immigration)

Mayrand v. Canada (National Revenue), 2021 FC 814 (Administrative/Taxation) (French proceeding)

Mud Engineering Inc. v. Secure Energy (Drilling Services) Inc., 2022 FC 943 (Intellectual Property)

Canada (National Revenue) v. Hydro-Québec, 2021 FC 1438 (Taxation/Civil Law) (French proceeding)

Reported Prior Representation (area of law)

Counsel to the defendant in Yury Manakhov v. Anna Tarasenko (Fraud)

Counsel to the defendants in Union Lighting Ltd. v. Éric Bourque et al. (White-Collar Defense)

Counsel to the plaintiff in Grisé v. Comité de discipline de l’OACIQ (Disciplinary) 

Counsel to the plaintiff in Grisé v. Comité de discipline de l’OACIQ (Disciplinary) (different file from previous) 

Counsel to the plaintiffs in Grisé et al. v. Comité d’indemnisation de l’OACIQ (Disciplinary/Administrative) 

Counsel to the defendants in Arnault Thibault Cléroux avocats s.e.n.c. v. Patrice Bissou et al. (Commercial)

Counsel to the defendants in Arnault Thibault Cléroux avocats s.e.n.c. v. Patrice Bissou et al. (Fraud) (different file from previous)

Counsel to the plaintiff in Pietro Persurich v. Stefanie Persurich et al. (Real Estate)

Assisted counsel to the plaintiff on a pro bono basis in Haidee Torres v. Rody Yared et al. (Labor and Employment)

Other Prior Representation

Counsel to a prospective investor conducting due diligence verifications on an exempt market product

Counsel to an investment firm regarding compliance on the exempt market

Counsel to a contractor in a mediation and arbitration under AAA rules regarding allegedly unpaid commissions

Counsel to a taxpayer being investigated by the Canada Revenue Agency for alleged sales tax misreporting

Counsel to a corporation in a dispute regarding the tax treatment of an asset sale

Counsel to a property owner in a dispute regarding environmental contamination

Counsel to a debtor in preparing a promissory note

Counsel to a dental clinic in its lease negotiations, resulting in direct cost savings of 30%

Counsel to an attorney in a dispute with her former spouse regarding allegedly misappropriated funds

Pro bono counsel to a spouse in a joint divorce filing 

Pro bono counsel to a father in successfully contesting the revocation of his access rights