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Doug Mitchell

Partner
514 935-2725
Assistant: Jeff Li Ying
514 935-4460 extension 259

Languages : English and French
Quebec Bar — 1989

Doug founded IMK in 1997 with the late Colin K. Irving. In the course of his career, he has acted as lead counsel in many complex cases, participated in trials covered by the media, advised clients on challenging issues and played key roles in crisis management to avoid or settle disputes. His career and his way of intervening in cases have earned him the respect of all the courts before which he has pleaded. He has acted for the Chief Justice of Quebec and Inquiry Committees of the Canadian Judicial Council and has pleaded numerous cases before the Supreme Court of Canada. He has also been appointed as amicus curiae in both the Québec Court of Appeal and the Supreme Court of Canada.

His clients include large and small companies, individuals, and public institutions. His areas of expertise cover the spheres of business litigation and constitutional and administrative law, among others. He also regularly acts as an arbitrator in a wide area of cases. As a “lawyer’s lawyer” his strategic insights and overall practical advice are often sought out by other law firms, whether in conflict of interest matters or other matters.

Representative work

Canadian Coalition for Genetic Fairness v. Attorney General of Quebec, et al.: Doug was named as amicus curiae by the Supreme Court on the issue of constitutional validity of the Genetic Non-Discrimination Act. 

Churchill Falls (Labrador) Corporation v. Hydro Québec: Churchill Falls (Labrador) Corporation in a dispute regarding the duties of good faith and cooperation arising out of its long-term contract with Hydro-Québec.

Ressources Strateco Inc. v. Attorney General of Québec: Ressources Strateco Inc. in the context of an action for $200 million in damages against the Gouvernement du Québec for recovery of its investment losses following the refusal of the Minister of Environment to issue an advanced exploration certificate.

Ludmer et al v. Canada Revenue Agency: Ludmer in an action taken against the CRA for abusive conduct during the course of an audit and reassessment.

Garantie Abritat Inc. v. Régie du Bâtiment: Régie du Bâtiment in several cases after new legislative provisions came into force concerning the guarantee plans for construction of new residences.

Galati v. Canada: Chief Justice of the Province as intervener in a dispute in which the appointment of Judge Robert Mainville to the Quebec Court of Appeal was contested.

Inquiry of the Canadian Judicial Council concerning Judge Michel Girouard: We acted as counsel to the Committee of Inquiry.

Lizotte v. Aviva & al: The Advocates’ Society, as intervener, before the Supreme Court of Canada in a case dealing with the extent to which litigation privilege can be abrogated by broad statutory investigative powers.

SNC-Lavalin Group Inc. et al v. Ben Aïssa et al: a Swiss law firm, sued by SNC in Canada, in connection with fraud and bribery committed by SNC’s officers in Libya.

Beaudoin v. Business Development Bank of Canada: Beaudoin, former President of BDC, in a long trial covered by the media, petitioning for homologation of a transaction entered into upon termination of his employment and in defence in an action in damages.

Education

B.C.L., LL.B., McGill University, 1988
B.A. (Honours), Queen’s University, 1984

Industry recognition

2020
LEXPERT: Most Frequently Recommended: Litigation – Corporate Commercial and Repeatedly Recommended: Litigation – Directors’ & Officers’ Liability and Class Actions
Chambers and Partners: Litigation – Administrative & Public Law, Band 2 General Commercial Litigation in Quebec
Best Lawyers in Canada: Bet-the-Company Litigation, Class Action Litigation and Corporate and Commercial Litigation
Benchmark Litigation: Top 50 Trial Lawyers in Canada and Litigation Star: arbitration, class actions, commercial litigation, product liability and securities

2019
LEXPERT: Most Frequently Recommended: Litigation – Corporate Commercial and Repeatedly Recommended: Litigation – Directors’ & Officers’ Liability
Chambers and Partners: Band 2 General Commercial Litigation in Quebec
Best Lawyers in Canada: Bet-the-Company Litigation, Class Action Litigation and Corporate and Commercial Litigation
Benchmark Litigation: Top 50 Trial Lawyers in Canada and Litigation Star: arbitration, class actions, commercial litigation, product liability and securities

2018
Chambers and Partners in the Band 2 category of General Commercial Litigation in Quebec
Best Lawyers in Canada: Bet-the-Company Litigation, Class Action Litigation and Corporate and Commercial Litigation
Benchmark Litigation: Top 50 Trial Lawyers in Canada, Litigation Star: arbitration, class actions, commercial litigation, product liability and securities

2017
Benchmark Litigation: Top 50 Trial Lawyers in Canada, Litigation Star: arbitration, class actions, commercial litigation, product liability and securities

2013
Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada in Corporate Commercial Litigation

2010
Best Lawyers in Canada: Quebec’s Corporate and Commercial Litigator of the Year

Associations

Canadian Bar Association
American College of Trial Lawyers
The Advocates’ Society

Professional activities

Treasurer of the Montreal Bar Association 2003-2004

Teaching

Sessional Lecturer at the Faculty of Law of McGill University: ‟Evidence: Civil Matters”, 2010-2016

Recent publications

Co-author of ‟LegisPratique – Code de procédure Civile annoté”, LexisNexis, 2008-2019 (annual editions)

‟Procédure en appel”, with Éric Cadi in JurisClasseur Québec, coll. “Droit civil”, Procédure civile 1, fasc. 27, Montréal, LexisNexis Canada

Canadian chapter in ‟Trans-National Litigation”, avec Colin K. Irving, Kreindler & Holdsworth eds., 1997

Speaking Engagements

Trial Practice Do’s & Don’ts: Hot Tips from the Experts – 7th edition, Bar of Montreal, November 5, 2015

Pour ou contre les admissions, Bar of Montreal, May 1, 2014

Successfully Meeting Corporate Governance Obligations”, Quebec-Ontario Business Law Summit: Multi-Jurisdictional Transaction, Ontario Bar Association, May 21, 2015

New Code of Civil Procedure Courses, Bar of Montreal, October 20, 2015

Une pensée d’avance – Think Ahead, Barreau du Québec, October 2013

The New Code of Civil Procedure: Will this fix all our problems?, Lord Reading Society, March 12, 2014