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Marc Perron
Bar Admission 1987
Graduate in Law from the Université de Montréal (LL.B.)
B. Sc., Department of Psychology, University of Montreal
Graduate level courses in International Economic Law from the Université du Québec à Montréal
Training and certification of Commercial Mediator at the Barreau du Québec
Contact information
Paralegal
A Brossard lawyer, Marc works in the real estate, commercial and corporate litigation fields, particularly in shareholder disputes. He has represented clients and litigated before several administrative and specialized tribunals, arbitration tribunals and civil courts, such as Quebec Court of Appeal.
He is also an accredited mediator by the Barreau du Québec. He also acts as arbitrator, either alone or on a panel, in civil and commercial cases.
He represents the interests of businesses of all sizes, including transnational corporations and businesses in the technology industry.
Marc has been involved in various advisory committees of the Montreal Bar, including the Committee on activities for the 20th Anniversary of the Convention on the Rights of the Child (2009-2010) and the Advisory Committee on Pricing of Firms (2014).
In addition to his practice in business-litigation law, Marc teaches evidence law at the Bar school. From 2008 to 2021, he was legal counsel and supervisor lawyer at the International Human Rights Defense Clinic and a lecturer at the Department of Legal Sciences, Université du Québec à Montréal (UQAM).
Within his involvment at the CIDDHU, Marc has also done some Pro Bono work. As a master’s student, he wrote and presented a report on the problematic of the legal registration of births in vulnerable areas before the Children’s rights comittee in Geneva. He has also participated in legal education activities and the promotion of access to justice, both organized by the Bar of Montreal in the context of the annual ‘’Visez Droit’’ fair.
Team leader and mentor, he focuses on strategy and planning to achieve client goals in a dispute. He pays particular attention to the efficient and appropriate use of the professional resources that are made available to the client to complete a mandate. He does not hesitate to delegate and supervise the members of the team who are involved.
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Services
- Arbitration and Mediation
- Commercial and residential Leases
- Commercial leasing
- Commercial Litigation
- Commercial Real Estate Transactions
- Construction Law
- Contract Negotiating and Drafting
- Contract Termination
- Corporate Litigation
- Real Estate Law
- Real Estate Transaction
- Real-Estate/Leasing Litigation
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Professional activities
I represent my clients before judicial and administrative tribunals, as well as private dispute resolution panels.
Early in my career, I represented one of the major cities of the Montérégie region in an epic dispute over the danger posed by firearms holsters of on-duty police officers that could be disarmed by suspects.
An application made to the Commission d’appel des lésions professionnelles (now the Administrative labor tribunal or ‘’TAT’’, in french) generated a lengthy trial of witnesses and experts that resulted in an out-of-court settlement, which was beneficial to my client and the general public safety.
I then oriented my career towards commercial and real estate litigation. I worked on several disputes between the shareholders ofa same family, whose succession proved to be contentious. I have successfully pleaded up to the Court of Appeal of Quebec in some of those cases and also pleadedvarious cases of oppression between shareholders.
Throughout the years, I have also represented real estate contractors and developers, as well as shareholders of real estate companies.
In the Furfaro case (8 PDC inc. c. Furfaro, 2009 QCCS 1451 (CanLII), while the tenant claimed that his default under the lease resulted from his eviction due to the landlord’s decision to change the locks of the business, I succeeded in convincing the Court that the decision to replace the locks in the leased premises was justified, both by the lease itself and by the tenant’s behaviour. Subsequently, the right to the forced change of locks and the right to forced eviction were recognized in other cases (Liu c. 350, 2017 QCCS 447 (CanLII).
Representing a commercial lease manager, I argued at the Court of Appeal the De Lucia case, where the Court reaffirmed the principle that an accepted lease offer constitutes a binding lease even if a written standard lease has not been signed and the tenant has not taken possession of the leased premises (2425-3726 Québec inc. v. 9172-5234 Québec inc., 2012 QCCA 1110 (CanLII).
In a judgment rendered in 2016 (1124 Iberville inc. c. Boucherie La Généreuse inc., 2016 QCCS 2040 (CanLII), the Superior Court of Quebec ruled in my favor in a case where the manager I represented sought to obtain a safeguard order to force the tenant not to cease his business operations and to prevent his eviction.
Particularly, the Court ruled that, in certain circumstances, an eviction amounts to a forced change in the destination of the leased premises, which contravenes the obligations set out in article 1856 of the Civil Code of Quebec. The Court also refused to agree with the tenant, whose argument tried to invalidate the lease’s use clause because the lease would have constituted a contract of adhesion.
I have successfully applied this principle in several other cases, including one in the Superior Court of Quebec in the case of Michael Rossy (9190-9309 Québec inc. c. Rossy, 2017 QCCS 1669 (CanLII), where the Court ruled that, even in the absence of a continued operation clause, article 1856 of the Civil Code of Quebec can prevent a tenant from ceasing his commercial operations. The case was appealed, but then was settled out of court before the Court of Appeal could rule on the matter.
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Social Involvement
Until last year, I was a member of the Board of Directors and Executive committee of the Centre Petite Échelle, an organization that provides support and respite to parents and families of children with autism spectrum disorders.
I also mentored young women entrepreneurs and professionals in the commercial real estate industry in Montreal through CrewM, an association of women working in this field.
I contributed, as a supervisor, to the birth and start-up of the Quebec Bar's Legal Clinic, which began its activities in 2022. The clinic offers free legal services to the general population and participates in efforts to make justice more accessible.
Over the years, I have also been a member of the board of various social and economic organizations, including the executive committee of the South Shore Chamber of Commerce and Industry, the executive board of the Charles Lemoyne Hospital Foundation, the board of directors of the Centre d'accueil de Longueuil, the board of directors of the École des arts et de la scène Nos voix Nos visages and the board of directors of the Fondation des écoles spécialisées Joseph-Charbonneau and Victor Doré in Montreal.
News
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Jean Charest chooses TCJ
Therrien Couture Joli-Cœur (TCJ) is proud to announce that Jean Charest is joining its firm.
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Trademarks
January 1st, 2024 : Increase in official Canadian Intellectual Property Office (CIPO) fees - The countdown has begun
To reduce its structural deficit, the Canadian Intellectual Property Office (CIPO) has decided to increase most of its official fees for patents, trademarks, copyrights, industrial designs, geographical indications, official marks, and integrated (…)
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Labour and Employment
An admitted fault is half forgiven
On January 2nd, 2023, an arbitrator confirmed that soliciting colleagues to participate in a pyramid scheme and lying to his employer on the matter constitutes sufficient grounds to justify the dismissal of an employee.
Contact Marc Perron