Éric Préfontaine is a key contact for our National Class Action Defence group, and an experienced class actions practitioner in the Québec bar with specialized expertise in the defence of consumer protection, product liability and securities matters. While leading the firm’s class action matters in Quebec, Éric also consistently brings his expertise to multi-jurisdictional matters for firm strategic clients.
In addition to his leading role in class actions, Éric’s commercial litigation practice includes advising clients on highly complex commercial litigation and representing them before commercial and civil courts, administrative tribunals and in arbitration proceedings. His practice includes disputes in a wide range of expertise, including: securities, shareholders, product liability, banking and financial services, franchising, consumer protection and insolvency and restructuring. Eric also has experience in urgent and special procedures such as injunctions and seizures.
Éric is recognized as Lawyer of the Year by The Best Lawyers in Canada 2020 and as a leading litigator in Chambers 2021, Litigation: General Commercial (Quebec); Dispute Resolution: Class Action (Defence); The Best Lawyers in Canada 2020 in the area of Corporate & Commercial Litigation, Class Action Litigation and Product Liability. Éric was also recognized as a Litigation Star in Benchmark Canada 2020.
Representative Work
- An International Financial Institution on litigation implications of collection of biometrics data
- Valeant Pharmaceuticals International Inc. (now Bausch Health Companies) and certain of its board members, in connection with a proposed class action and an authorization request to bring an action in accordance with Article 225.4 of the Securities Act brought by shareholders
- Amaya Inc. (now The Stars Group) and certain of its board members, in connection with a proposed class action and an application for leave to bring an action under section 225.4 of the Securities Act brought by shareholders
- Co-responsible for the defence of the majority shareholders in a $165M oppression remedy dispute
- Manulife Financial, in connection with a proposed billion-dollar class action lawsuit regarding the sale of mortgage insurance products
- Amex Bank of Canada, in the $350M class action regarding foreign exchange conversion fees charged on credit cards (dismissed on appeal)
- Amex Bank of Canada in its defence against 4 class actions concerning credit cards fees and various provisions of the Consumer Protection Act
- Amex Bank of Canada and Toronto Dominion Bank, in a proposed class action alleging the breach of section 230 c) of the Consumer Protection Act and of the Negative Option Billing Regulations
- Irving Oil, in its successful defence against a national class action regarding alleged miscalibration of distributor-type fuel pumps
- Irving Oil in its defence against a class action alleging price fixing
- Aimia Inc. and Aimia Canada Inc., in their defence against with three class actions related to fees charged to the members of the Aeroplan Program upon redemption of Aeroplan Miles
- Shoppers Drug Mart and Pharmaprix Inc.– defence of a class action concerning the right to unilaterally modify a loyalty reward program and the application of the Consumer Protection Act
- Bausch Health Companies, in its defence of a class action regarding product liability
- General Motors of Canada Limited, in relation to various actions brought by former Quebec dealers following out-of-court restructuring by GM Canada in 2009-2010
- Imperial Tobacco Canada Limited, in the files related to the Quebec Medicaid action taken by the Quebec Government against tobacco manufacturers (constitutional challenge to the Tobacco-Related Damages and Health Care Costs Recovery Act – to proceed on the merits in October 2013 – and defence to the $60B lawsuit filed by the Quebec Government in June 2012)
- Bank of Montreal, on appeal of a judgment in favour of the trustee of a former borrower as a result of an alleged abuse of rights
- Canadian Bankers’ Association, in relation to the References to the Quebec Court of Appeal and the Supreme Court of Canada regarding the jurisdiction of the Parliament of Canada to create a National Securities Regulator
- Aveos Fleet Performance Inc., in relation to a major arbitration regarding the aborted implementation of an Enterprise Resource Planning system
- PricewaterhouseCoopers, in the recognition of foreign bankruptcy proceedings against George Marciano (founder of Guess Jeans)
- Atomic Energy Canada in the context of a $230M dispute against Hydro-Québec regarding the life extension project of a nuclear power plant
- Amex Bank of Canada, in the $350M class action regarding foreign exchange conversion fees charged on credit cards (dismissed on appeal)
- Amex Bank of Canada in its defence against 4 class actions concerning credit cards fees and various provisions of the Consumer Protection Act
- Amex Bank of Canada and Toronto Dominion Bank, in a proposed class action alleging the breach of section 230 c) of the Consumer Protection Act and of the Negative Option Billing Regulations
- Irving Oil, in its successful defence against a national class action regarding alleged miscalibration of distributor-type fuel pumps
- Irving Oil in its defence against a class action alleging price fixing
- Aimia Inc. and Aimia Canada Inc., in their defence against with three class actions related to fees charged to the members of the Aeroplan Program upon redemption of Aeroplan Miles
- Shoppers Drug Mart and Pharmaprix Inc.– defence of a class action concerning the right to unilaterally modify a loyalty reward program and the application of the Consumer Protection Act
- Bausch Health Companies, in its defence of a class action regarding product liability
- General Motors of Canada Limited, in relation to various actions brought by former Quebec dealers following out-of-court restructuring by GM Canada in 2009-2010
- Imperial Tobacco Canada Limited, in the files related to the Quebec Medicaid action taken by the Quebec Government against tobacco manufacturers (constitutional challenge to the Tobacco-Related Damages and Health Care Costs Recovery Act – to proceed on the merits in October 2013 – and defence to the $60B lawsuit filed by the Quebec Government in June 2012)
- Bank of Montreal, on appeal of a judgment in favour of the trustee of a former borrower as a result of an alleged abuse of rights
- Canadian Bankers’ Association, in relation to the References to the Quebec Court of Appeal and the Supreme Court of Canada regarding the jurisdiction of the Parliament of Canada to create a National Securities Regulator
- Aveos Fleet Performance Inc., in relation to a major arbitration regarding the aborted implementation of an Enterprise Resource Planning system
- PricewaterhouseCoopers, in the recognition of foreign bankruptcy proceedings against George Marciano (founder of Guess Jeans)
- Atomic Energy Canada in the context of a $230M dispute against Hydro-Québec regarding the life extension project of a nuclear power plant
Latest Insights
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Osler Update Aug 21, 2024
Refund programs as a defence against class action authorizations: an update by the Québec Court of Appeal
Recent years have seen a rise in refund programs in Québec, which are sometimes used as a proactive, strategic defence against class actions.
Read more
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Osler Update Oct 20, 2022
The Superior Court of Québec denies certification of a proposed worldwide securities class action
Osler lawyers review a Québec court decision in which a proposed securities class action was solely based on a short seller report.
Read more -
Webinar Sep 15, 2022
Domestic and International Arbitration
Join Osler's Litigation Partners Éric Préfontaine and Jessica Harding on September 15, to learn more about the best practices in commercial...
Read more -
Osler Update Nov 24, 2021
Supreme Court tightens discrimination and strengthens freedom of expression
In a recent civil liability case, the Supreme Court of Canada ruled that not all offensive comments are discriminatory, even if they are based on a...
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Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Dispute Resolution: Class Action (Defence); Litigation: General Commercial (Québec)
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The Canadian Legal Lexpert Directory: Recognized in Class Actions; Litigation – Corporate Commercial; Litigation – Securities
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Benchmark Litigation Canada: Recognized in Class Action; Dispute Resolution (Litigation Star)
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Best Lawyers in Canada: Recognized in Class Action Litigation; Corporate and Commercial Litigation; Product Liability Law
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Who’s Who Legal: Recognized in Litigation – Global Leader; National Leader
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Lexpert Special Edition: Recognized in Technology and Health Sciences
Media Mentions
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Osler News Jan 9, 2024
34 Osler lawyers recognized in 2024 Lexpert/American Lawyer Guide to Leading 500 Lawyers in Canada
Osler is pleased to announce that 34 of our lawyers have been recognized in the 2024 edition of the Lexpert/American Lawyer Guide to the Leading 500...
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Media Mentions Dec 14, 2023
Court delays hamper dispute resolution – Lexpert
Case backlogs in the courts are increasingly a concern in the legal field. Emphasizing settlements is a way of avoiding dragging matters out, Éric...
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Osler News Nov 23, 2023
23 Osler lawyers recognized in Lexpert Special Edition: Litigation 2023
23 Osler lawyers featured in the Lexpert Special Edition: Litigation 2023.
Read more -
Osler News Jun 29, 2023
29 Osler lawyers recognized in Lexpert Special Edition: Technology and Health 2023
Congratulations to 29 of our lawyers for their inclusion in the Lexpert Special Edition: Technology and Health 2023.
Read more
Community Involvement
- Éric is a member of Osler’s Pro Bono Committee, and regularly provides pro bono services to clients in needs
- Éric is co-responsible for the organization of the annual regional finals of the Sopinka Cup Moot Court (trial advocacy)
- Éric has made presentations at a number of conferences in high schools regarding the profession of lawyer and the justice system
- Participation in Community Day organized annually by Osler since 2011
- Participation in the “Sponsored Dinner” held annually to the benefit the Old Brewery Mission
- Involvement in various fundraisers, including the Pedal for Kids campaign in support of the Montreal Children’s Hospital Foundation
Speaking and Writing
Speaking Engagements
Domestic and International Arbitration
Speaker, Montréal, September 15, 2022
Impacts du dossier du tabac sur le droit des fausses représentations et de la responsabilité du produit
Speaker, Montréal, October 2, 2019
Colloque national sur l’action collective
Speaker, Montréal, 2018
“Tendances actuelles en matière de recours collectifs: ce que doivent savoir les conseillers juridiques d’entreprise”
Speaker, Les 10 tendances les plus importantes pouvant influencer les recours collectifs en 2012, September 21, 2012
“Can Canada create a national Securities Regulator?”
Speaker, April 21, 2011
Published Work
- L’action collective en matière de valeurs mobilières : une analyse de l’état actuel du droit au Québec, Barreau du Québec. Service de la qualité de la profession. Colloque national sur l’action collective – Développements récents au Québec, au Canada et aux États-Unis (2018), vol. 441, Montréal, Éditions Yvon Blais, 2018
- L’intérêt légitime comme contrôle en deux temps des clauses de non-concurrence, Barreau du Québec. Service de la qualité de la profession. Développements récents en droit de la non-concurrence (2017) , vol. 432, Montréal : Éditions Yvon Blais, 2017.
- “Obtaining Evidence in Canada For Use in U.S. Litigation”, October 28, 2016
- Moderated session “Navigating U.S. and Canadian Cross-Border Evidentiary Issues: Current Trends, Critical Analysis and Successful Strategies” during and co-authored paper “Obtaining Evidence in Canada for U.S. Litigation” presented at the Cross-Border Litigation Forum in New York City on September 12, 2012.
- “Multi-Jurisdictional Litigation: ensuring consistency & efficiency” conference presented on April 17, 2012 during the Canadian Corporate Counsel Association World Summit and Spring Conference 2012.
- « Vers un libéralisation de la preuve appropriée avant l’autorisation? », conference presented on October 29, 2009 during the Annual Conference on Class Actions organized by The Canadian Institute.
Credentials
Education
- Université de Montréal, LL.B. (Civil Law)
- Université du Québec à Montréal, B.A. (Political Science)
Languages
- English
- French
Professional Affiliations
- Barreau du Québec
- Canadian Bar Association
- The Advocate’s Society
