Civil and insurance law, medical liability and class actions

Civil litigation

Our civil and commercial litigation lawyers focus on preventing disputes between individuals and businesses, representing their clients in the defense of their economic, commercial and individual interests only after having exhausted all avenues for reaching an amicable settlement.

Our litigators have in-depth knowledge of each case and each stage of a dispute, enabling them to propose customized solutions that fully meet their clients’ needs and are likely to lead to a favourable outcome.

Our professionals grasp the subtleties inherent in alternative dispute resolution methods, whether mediation, conciliation or arbitration. Their broad expertise in this area includes drafting arbitration clauses to include in commercial contracts, preparing settlement or mediation conferences, developing arbitration and mediation strategies, preparing customized rules of procedure and providing legal services related to mediation and arbitration clauses.

Specialized services:

• Shareholder disputes
• Real estate disputes (e.g., between landlords and tenants, between co-owners)
• Civil and professional liability
• Class actions
• Commercial and contractual disputes
• Consumer protection
• Human rights
• Bankruptcy and insolvency
• Corporate governance disputes
• Latent defects and misrepresentations
• Debt recovery
• Evidence management
• Defamation
• Directors’ and officers’ liability

Insurance and liability

Our insurance and liability professionals handle a wide range of mandates, both contentious and non-contentious, including cases involving the interpretation of insurance contracts, property damage, bodily injury and professional liability.

Our lawyers consider the foreseeable duration and potential cost of any dispute and use their creativity and flexibility to find the most realistic, effective and cost-effective legal solutions to meet their clients’ needs.

Our lawyers also have significant experience in mediation and negotiation to help reach amicable settlements of disputes. For example, they are actively involved in resolving large-scale, complex disputes involving floods, sewer backups, property damage and personal injury, on behalf of insurers and municipalities.

Specialized services:

• Civil, municipal, medical, hospital, government and professional liability litigation
• Compensation for property damage, fire, explosion, collapse and other events
• Interpretation of insurance, sales and rental contracts
• Civil and commercial litigation
• Mediation and arbitration
• Directors’ and officers’ liability
• Professional liability
• Remedies for latent defects
• Product liability

Medical liability

Dunton Rainville has demonstrated expertise in medical liability and health and social services law. Our team is composed of qualified professionals with specific knowledge of these practice areas.

In addition, our lawyers work closely with impartial experts, including general practitioners, specialists, dentists and nurses, to determine whether fault or unprofessional conduct has occurred.

In the event of a medical malpractice claim, our clients can seek compensation for pecuniary damages (e.g., past and future lost wages, past and future out-of-pocket expenses) and non-pecuniary damages (e.g., pain, stress, inconvenience, loss of enjoyment of life) suffered as a result of medical malpractice or error. These remedies can also be used to penalize misconduct and prevent it from recurring. Our lawyers advise and represent clients in the exercise of their rights, including taking legal action and filing complaints with institutions and professional bodies.

Specialized services:

• Delayed diagnosis or misdiagnosis
• Inappropriate or unnecessary surgical intervention
• Faulty surgical technique
• Inadequate post-operative follow-up
• Bodily injury
• Pharmacist’s fault in dispensing medication other than that prescribed
• Sexual abuse by a healthcare professional or healthcare facility staff
• Excessive treatment, including inserting dental implants when not required
• Protection of information held by institutions (obligation of confidentiality)
• Recourse to the Québec Ombudsman

Class Actions

Dunton Rainville has assembled a team of lawyers who specialize in class actions.

Members of this team represent clients at every stage of a class action, including the authorization request, the trial on the merits, the final judgment and the compensation awarded to group members. Our services also include risk management and the negotiation of out-of-court settlements.

Our class action practice is diverse. It encompasses the main types of class action, including consumer protection, manufacturer liability, environmental law, professional liability, privacy law and anti-competitive practices.

We represent our class action clients before all relevant levels of court, i.e., the Superior Court, the Court of Appeal and the Supreme Court. In addition, the members of our team have exhaustive knowledge of established class action case law, the relevant provisions of the Code of Civil Procedure and the latest trends in the field.

Specialized services:

• Representation at all stages of a class action
• Risk mitigation strategies
• Management of expert testimony
• Applications to the Fonds d’aide aux actions collectives (class action fund)
• Strategies to reduce financial and other repercussions of a class action (e.g., negative publicity, reputational risks)
• Counsel based on in-depth knowledge of Quebec’s class action regime
• Drafting of settlement agreements and notices to members
• Best practices in governance
• Applicable laws and regulations