Jean-Marc Leclerc

Jean-Marc Leclerc, Partner, Litigation

Contact Information

  • tel: 416.862.4854
Download V-Card

Areas of Expertise

Bar Admission

Ontario, 2001

Education

  • Queen’s University, LL.B.

Office

Toronto

Language(s)

English

Biography

Jean-Marc is a partner in the Litigation Department. From 1999-2001, he was a law clerk at the Federal Court of Appeal for Justice Sexton and at the Supreme Court of Canada for Justice Major. Jean-Marc has a broadly-based practice in a number of areas, including tax, class actions and insolvency.

Jean-Marc is also a sessional instructor at Queen's University in Kingston, Ontario where he teaches appellate advocacy.

Notable Matters

  • A&P in a class action brought by the operators of three franchised stores (1176560 Ontario Limited v. The Great Atlantic & Pacific Company of Canada Limited., [2003] O.J. No. 5703 (S.C.J.)).
  • AMEC E&C Services Ltd. in court application to determine limitation period (AMEC E&C Services Ltd. v. Nova Chemicals (Canada) Ltd., [2003] O.J. No. 2663 (S.C.J.)).
  • Beaverbrook Art Gallery in a public arbitration to be heard by Peter Cory, Q.C., former Justice of the Supreme Court of Canada, regarding the ownership of works of art valued in excess of $100 million, located at The Beaverbrook Art Gallery in Fredericton, New Brunswick.
  • Bombardier Inc. in an appeal over whether a project owner and a subcontractor are in a fiduciary relationship (Base Controls v. Bennett + Wright Group Inc. et al., [2003] O.J. No. 1313 (Div. Ct.)).
  • Ernst & Young Inc. in bankruptcy matter relating to the rescission of a contract by a trustee in bankruptcy (In the Matter of the Bankruptcy of GM&A Advertising Ltd., Court File No. 32-074660).
  • Greater Toronto Airports Authority in an appeal to the Supreme Court of Canada regarding airport rights to seize aircraft on airline insolvency (Canada 3000 Inc., 2006 SCC 24).
  • Insight Venture Associates III, LLC in a motion to determine question of law relating to damages claimed by shareholders (Insight Venture Associates III, LLC v. Rampart, [2004] O.J. No. 4781 (S.C.J.), [2005] O.J. No. 2505 (C.A.)).
  • Integris Metals Ltd. in labour picketing dispute.
  • State Farm in major class action appeal in Ontario relating to the application of deductibles in motor vehicle total loss claims. Johnston v. State Farm (ongoing).
  • Toronto Blue Jays Baseball Club and Maple Leaf Sports & Entertainment Ltd. in a tax dispute with Ontario’s Ministry of Finance (Toronto Blue Jays Baseball Club v. Ontario (Ministry of Finance), [2004] O.J. No. 1751 (S.C.J.), [2005] O.J. No. 485 (C.A.), [2005] S.C.C.A. No. 181).

Publications/Events/Education

  • What Is The Public Works Protection Act Anyways, slaw.ca, July 2, 2010.
  • A Wrench in the ‘Reasonableness’ Analysis: The Supreme Court of Canada’s Decision in Moreau-Bérubé v. New Brunswick, OBA Administrative Law newsletter, 2003.
  • Ontario Court of Appeal Resuscitates the Canadian Bill of Rights in Authorson v. Canada, Ontario Bar Association Constitutional and Civil Liberties Section Newsletter, April 2002.
  • R. v. Burke: Case Comment (2001), 45 C.L.Q. 261.
  • Reforming Anti-dumping Law: Balancing the Interests of Consumers and Domestic Industries, (1999) 44 McGill L.J. 111.

Pro Bono/Community Work

  • Representation of farming company in a dispute over entitlement to proceeds of sale of land, implicating adverse possession issues (Murray Township Farms Ltd. v. Quinte West (City), [2006] O.J. No. 2956 (S.C.J.)).
  • Appeal of a guilty plea (R. v. Stewart, [2002] O.J. No. 4904 (S.C.)).
  • Representation against hospital that sought to compel daughter to pay bill of elderly non-resident father who required hospital treatment while visiting daughter in Canada.
  • Representation of child in respect of special need requirements at school.
  • Member of Pro Bono Law Ontario Child Advocacy Project and Advocates’ Society Court of Appeal Pro Bono Program.

Downloadable Profile

Jean-Marc Leclerc

Osler. Our Clients Know.