Québec Bar certified mediator in civil, commercial and labour law matters (2016);
Barreau du Québec (2006);
LL.B., University of Ottawa, Faculty of Common Law, summa cum laude, Gold medallist (2003);
LL.L., University of Ottawa, Faculty of Civil Law, summa cum laude, Gold medallist (2002);
B.A., McGill University, Faculty of Political Science (1999);
McGill University, Certificate: Accounting and Finance for Non-Financial Managers (2017);
Harvard University, Certificates: Advanced Negotiation Workshop – Making Difficult Conversations More Productive (2017); Communicating with Influence – the Art of Persuasion (2015) and Mastering the Basics of Finance (2015);
People’s University of Political Science and Law, Beijing, Intensive program, Chinese Law (2001);
Oxford University, Intensive program, International Sales Law, English Legal History (2000);
London School of Economics, Intensive program, The English Legal System (1999);
Université de Strasbourg, Intensive program, International Law and Human Rights (1998).
French version is available here.
Emmanuelle Demers is a litigator and a mediator. She practices mainly in the areas of commercial litigation and civil rights. Her practice primarily involves contractual disputes, shareholders disputes, product liability, class actions, and transnational litigation. She has also developed a specific expertise in the area of sports doping.
Ms. Demers has gained considerable experience in international arbitration, both in investor-state and commercial contract disputes. As such, she has acquired first hand experience dealing with several cases governed by foreign law including the law of : the U.K., U.S.A., Mexico, Germany, Greece, Italy, France, Spain, Switzerland, Kazakhstan and the Dominican Republic.
Her experience covers a wide range of industries, including: financial services, construction, insurance, technology, telecommunications, consumer goods, energy, mining, health and pharmaceuticals.
Ms. Demers has acquired more than 12 years of hands-on experience in complex litigation matters, both at trial and at the appellate level, including at the Supreme Court of Canada.
Recently, she played a leading role in cases dealing primarily with copyright infringement, defamation of a public figure, unfair competition, fraud and internal investigations.
She began her career at an international firm where she worked for 10 years, starting in 2002 when she was a student. She then continued her practice with a leading litigation boutique firm. Ms. Demers joined our Montreal office in 2015.
In 2003-2004, she clerked at the Supreme Court of Canada for the Honorable Morris J. Fish. She was the gold medal recipient of the faculty of civil law and the gold medal recipient of the faculty of common law. She was awarded numerous prizes and distinctions for her academic achievements.
She has recently completed the Advanced Negotiation Program at Harvard Law School (2017) and a certificate in Finance and Accounting for Non Financial Managers at McGill University (2017). She is expected to receive her Executive MBA from HEC-McGill at the beginning of 2019.
She is currently writing her master’s thesis on artificial intelligence and its impact on the practice of law. She has a particular interest in the area of machine learning and the use of predictive analysis in the legal industry. Her work on A.I. is leading her to collaborate with jurists, academics, developers, clients, and other stakeholders in various jurisdictions.
She practices law in English and French and has studied Spanish, Italian, Mandarin and Hebrew.
She sits on the Board of Directors of the Musée d’Art Contemporain de Montréal (MAC) (governance committee and audit committee). She is also a Board member of the Elektra Foundation.
She has been on the organizing committee of the McCord Museum Ball since 2015.
Gold Medal of the University of Ottawa, civil law program (LL.L.);
Gold Medal of the University of Ottawa, common law program (LL.B.);
Plate of the University of Ottawa, for the highest ranking average during the civil law program;
John Aylen, c.r. prize, for the highest overall ranking in the joint program LL.L./LL.B.;
Right Honourable Brian Dickson prize, for the highest ranking during the last year of the joint program LL.L./LL.B.;
Francine Lefebvre-Landry prize, for the highest ranking during the second year of the civil law program;
Ogilvy Renault prize, for the highest average during the first three semesters of the civil law program (co-recipient);
Embassy of France prize, for the highest average in: Contract Law I and II; Property Law and Family Law;
Goodman Phillips & Vineberg prize, for the highest average in: Contract Law I and II; Property Law and Commercial Law;
Desjardins Stein Monast Prize, for the highest average in: Contract Law I and II and Commercial Law;
Gérald A. Beaudouin prize: Constitutional Law II;
Mona and Marcel Beaudry prize: Law of Obligations I and II;
Gaston Descôteaux prize: Labour Law (co-recipient);
Carswell prize: Civil and Commercial Evidence Law;
Bereskin and Parr Prize: Intellectual Property Law;
Scholarship of the University of Ottawa;
- Barreau du Québec (2006)
- Canadian Bar Association - Member of the Executive – Research and Knowledge Management
- Young Canadian Arbitration Practitioners (YCAP)
- International Bar Association
- Sports Lawyers Association
- Association of Québec Women in Finance (AFFQ)
Class action defence work:
Defending a polyurethane foam manufacturer in a price fixing class action alleging an international conspiracy;
Representing a major oil company in a class action alleging price fixing;
Representing a telecommunications company in a class action filed on behalf of consumers for alleged abusive business practices;
Defence work for the manufacturer of dangerous products in a $60 billion lawsuit;
Representing the manufacturer of an allegedly defective hot water boiler;
Contractual and commercial litigation:
Acting on behalf of a group of individuals in a lawsuit against their auditors and financial advisors for claim of $25M (false representations re financial scheme);
Acting on behalf of numerous companies, both in demand and defense, in suits for breach of service contracts in a wide variety of sectors (financial, industrial, pharmaceutical, recreational, technology, IT, telecom, procurement, commercial leasing, shipping, publishing, consulting, etc...);
Representing clients in the financial sector (asset management, mutual funds, exempt market dealers) in a variety of cases (breach of contract, false representations, fraud, unfair competition);
Ethics, Rules of Professional Conduct, Inquiries and Governance:
Representing the highest ranking officer of an independent public organization throughout an inquiry conducted in connection with the Act to facilitate the disclosure of wrongdoings relating to public bodies.
Representations before the Federal Court of Appeal seeking to strike applications for judicial review of a committee of inquiry.
Representing professionals in the course of internal investigations involving allegations of fraud, misappropriation of funds and ethical wrongdoing.
Construction and engineering:
Defending a firm of engineering consultants in a multi-party case involving a large municipal housing project;
Representing a major construction firm in a long and complex arbitration case against a pulp and paper manufacturing plant;
Representing general contractors and clients thereof at all stages of a construction litigation, from the call for tenders to the end of the building project;
- Representing shareholders in a wide array of disputes seeking various remedies (oppression remedies, safeguard orders, etc...);
- Representing a municipality in a police brutality case;
Search and seizure:
- Representing clients in various proceedings involving the AMF (financial regulating authority);
- Representing clients in a high profile case alleging copyright violation and unfair competition;
Defamation and right to privacy:
- Representing clients in a case raising issues of defamation of character (libel and slander), the reputation of public figures and the right to privacy;
Freedom of religion:
- Representing religious communities in cases raising issues of freedom of religion and education;
Representing a manufacturer of wood-derivative products against a German manufacturer (ICC arbitration);
Representing a Canadian mining company in connection with an investment dispute with the Republic of Kazakhstan under Kazakhstan’s foreign investment legislation for breach of various contractual agreements (UNCITRAL arbitration);
Representing a Canadian manufacturer of aircrafts against the government of Greece;
Sports and doping:
- Representing the World Anti-Doping Agency before the Court of Arbitration for Sport in Lausanne in proceedings brought against cyclist Alejandro Valverde following the famous “Operation Puerto” international doping scandal, which raised questions relating to the integrity of the chain of custody of bodily samples collected, issues of Spanish constitutional law, various questions of due process under Spanish, Italian and Swiss Law and required extensive collaboration with the Spanish and Italian authorities and scientific experts;
Supreme Court of Canada:
Written representations before the Supreme Court of Canada (leave application) on behalf of a reporting issuer in a case involving the confidentiality of information exchanged between a financial institution and its federal regulator;
Written representations before the Supreme Court of Canada on behalf of a paper manufacturer in a major product liability case dealing with the breach of the duty to inform the buyer of latent defects affecting the goods sold;
Written representations before the Supreme Court of Canada on behalf of various airports in a case dealing with the right to seize and detain aircrafts for unpaid airport fees.
Member of the Board of Directors of the Musée d’Art Contemporain (MAC);
Member of the Board of Directors of Elektra (art and digital technology);
Former member of the Board of Directors of the DESTA Foundation (Black Youth Network);
Mentor to students of the Jean-de-Brébeuf College (2015-2017);
Member of the organizing committee of the McCord Museum Ball (2015-2018);
Member of the organizing committee of Babette’s Feast, a fundraising event for the Montreal Jewish General Hospital Foundation (Alzheimer’s research) (2014-2016);
Member of the Comité des Jeunes mécènes de la Fondation de la Place des Arts (2013-2014);
Rotating non-voting Chair, student tribunals, Concordia University.
- Contributing author of The Quebec Class Action: A Roadmap (Toronto: LexisNexis, 2016), an easy-to-use primer designed for business people and in-house counsel.