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Antoine Motulsky-Falardeau
Bar Admission 2003
Bachelor of Music from Université de Montréal (B.Mus.)
Civil Law Degree from McGill University (B.C.L.)
Common Law Degree from McGill University (LL.B.)
Master of Law from Université Laval (LL.M.)
Contact information
Paralegal
Antoine is an experienced litigator practicing since more than twenty years in various fields of civil and commercial law: dispute resolution, contracts, products liability, construction law, franchise law, shareholders law, bankruptcy and insolvency, IT law, insurance law, estates and private international law. He leads trial litigation before all the Quebec judicial tribunals, in first instance and in appeal. He is licensed as commercial arbitrator (Barreau du Québec, IMAQ/ADRIC) and has been nominated as sole member, member of the tribunal and president of the tribunal in civil and commercial arbitrations, in French and in English.
Read moreIn 2024, Antoine has been nominated as a member of the Civil Procedure Expert’s Group (Groupe d’experts sur la procédure civile) by the Quebec Bar. He is lecturer at the Faculty of Law of Université Laval since 2014 (International Commercial Contracts, Private International Law, Private Dispute Resolution) and Professor at the Quebec Bar School since 2021 (Ethics and Deontology, Obligations and Civil Liability, Evidence and Civil Procedure, International Arbitration). Since 2019, he is a member of the Federation of Defence and Corporate Counsel. He is past president of the International Section of the Canadian Bar Association, Quebec Branch (2019-2022), and current vice-president. His master’s thesis on the limitation of international arbitral awards won the 2015 Henri-Capitant Prize for the best private law master’s thesis in Quebec, of which six pages were cited with approval by the Quebec Court of Appeal in 2022.
He is a member of the Discipline Committee of Université Laval, the Disciplinary Regulations Review Committee of Université Laval, the Lawyer’s Fees Arbitration Committee of the Quebec Bar and the board of directors of the Carrefour international de théâtre de Québec.
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Services
- Civil law
- Commercial Law
- Commercial Litigation
- Construction Law
- Franchise Law
- Information Technology
- Inheritance Law
- Insolvency
- Insurance Law
- International Law
- Manufacturer's liability
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Professional activities
My clients are large, medium and small businesses as well as government organizations and sometimes individuals dealing with potential or current civil or commercial disputes. I help them privately or judicially resolve their disputes and negotiate deals on their behalf.
Here are some examples of my recent mandates :
- Representing in Court a Quebec business in a dispute of over five million dollars in the context of a real estate development
- Representing in Court an American creditor in a dispute of over five million dollars in the context of recognition and enforcement of a foreign arbitration award
- Representing in Court a Quebec railway industry business in a dispute of over one million dollars in construction law
- Representing in Court a Quebec public agency in a dispute of over five million dollars in construction law
- Representing in Court an American creditor in a dispute of over one million dollars in bankruptcy and insolvency law
- Representing in private arbitration a Quebec business in a dispute related to franchise law
- Representing in Court an estate in a dispute over inheritance law
- Acting on behalf of the American subsidiary of a large European business in dispute in Quebec
- Acting as attorney for service in Quebec and as correspondant to the attorneys for service of the other Canadian provinces and territories for the subsidiary of a large American business
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Lectures, publications and teaching
Publications and texts
- Antoine Motulsky-Falardeau, « Retour vers la nature juridique de la prescription extinctive », (2024) 65 Les Cahiers de Droit 623 (to be published)
- Antoine Motulsky-Falardeau, « Prévenir un litige international : l’utilité des clauses de règlement des différends », publication de Therrien Couture Joli-Cœur s.e.n.c.r.l., 2020
- Antoine Motulsky-Falardeau, « Les moyens préliminaires au nouveau Code de procédure civile : une réforme discrète du droit d’agir en justice », in Sylvette Guillemard, ed., Le Code de procédure civile : Quelles nouveautés?, Montréal, Éditions Yvon Blais, 2016
- Antoine Motulsky-Falardeau, « Les aspects historiques de la qualification de la prescription en droit international privé », (2014) 55 C. de D. 829
- Antoine Motulsky-Falardeau, « Le délai de prescription applicable à l’exécution d’une sentence arbitrale étrangère au Québec », mémoire de maîtrise, Québec, Faculté de droit, Université Laval, 2014
Teaching
- Ethics and Deontology, Quebec Bar School, Summer 2023, Winter 2024, Fall 2024
- International Commercial Contracts, Faculty of Law, Université Laval, Fall 2024
- Obligations and Civil Liability, Quebec Bar School, Summer 2024, Fall 2024, Winter 2025
- Evidence and Civil Procedure, Quebec Bar School, Summer 2024, Fall 2024, Winter 2025
- Private Dispute Resolution, Faculty of Law, Université Laval, Fall 2022
- International Arbitration, Quebec Bar School, Fall 2021, Winter 2022, Fall 2022, Winter 2023
- Private International Law, Faculty of Law, Université Laval, Winter 2015, Winter 2016, Fall 2016
- Dispute Resolution in Private Civil and Commercial Law, Faculty of Law, Université Laval, Fall 2014
Conferences
- Litigating in Canada (Quebec), conference with Heather Sanderson (Alberta), Max Hufton (BC), Emily Stock (Ontario) and Marcus Snowden (Ontario), at the annual meeting of Federation of defense and corporate counsel, Toronto, August 1, 2024
- "Reconnaissance et exécution des sentences arbitrales étrangères : Enjeux relatifs au voile corporatif et à la prescription" (Recognition and Enforcement of International Arbitral Awards: Questions regarding Corporate Veil and Time Limitation), conference to the Quebec Branch of the Canadian Bar Association, Montreal, May 11, 2023
- “Les clauses de règlement des différends" (Private Dispute Resolution Clauses), private conference, Quebec City, March 23, 2023
- "Les litiges entre actionnaires – Les clauses de règlement des différends" (Dispute Resolution Clauses in Shareholder’s Disputes), private lecture, Montreal, 2019
- "Le règlement des différends dans les contrats internationaux" (Dispute Resolution in International Contracts), private lecture, Quebec City, 2019
- "La prescription en droit international privé : jugements et sentences" (Limitation in Private International Law: Judgments and Arbitral Awards), lecture given to the International Section of the Quebec branch of the Canadian Bar Association, 2017
- "Le délai de prescription applicable à l’exécution d’une sentence arbitrale étrangère au Québec" (The time limitation of foreign arbitration awards in Quebec), Paul-André-Crépeau Centre for Private and Comparative Law, McGill University, June 9, 2015
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Social Involvement
In addition to my involvement in several committees of the Quebec Bar and Montreal Bar since my admission in 2003, I am involved in various committees of Université Laval. I have also been a director and Chairman of the Board of Directors of an early childhood center from 2014 to 2018. Since 2023, I serve on the board of directors of an international theatre festival, the Carrefour international de Théâtre de Québec.
News
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Disciplinary and Professional
Monetary claim against a professional who has committed a breach of ethics
Does filing a request for an inquiry with the office of the syndic of a professional order allows the person who requested the inquiry to receive financial compensation for the damages caused by a professional member of that order?
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Labour and Employment
Language Requirements at Hiring
Can a job offer require a candidate to be proficient in a language other than French?
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Business, Commercial and Corporate
Duties of a Corporation’s Directors in the Event of a Conflict of Interest
Should a director of a corporation abstain from voting if there is a conflict of interest?
Contact Antoine Motulsky-Falardeau