Josiane Brault

Josiane Brault  

Senior Associate

Executive Summary

Josiane Brault is a member of our Insurance and Tort Liability Group and she has practised in all fields pertaining to litigation and arbitration for more than 7 years.

Josiane has a diversified practice in civil and commercial litigation, especially in the fields of insurance law, product liability and civil responsibility.

She works primarily with insurance companies and their insureds, both in defence and in subrogatory actions in civil, professional and commercial actions. In insurance matters, she also advises her clients on the interpretation of insurance policies and the coverage they afford.

Josiane also represents several manufacturers of various products sold locally, nationally and internationally, in product liability and insurance suits. She defends those clients and provides both practical and strategic advice, always designed to safeguard their public image and brands.

In shareholder disputes and directors' liability litigation, Josiane represents clients who may be either plaintiffs or defendants. Her practice also requires her to advise clients who are corporate directors or officers on best governance practices and the rules governing their liability.

She has developed expertise in banking and fraud cases, resulting in her representing banks, underwriters and other corporations of all sizes that have been the victims of fraud. She assists her clients in carrying out investigations and in preparing and executing seizures, injunctions and other court orders.

Josiane has participated in several lengthy and complex trials which have dealt with a number of important legal issues. The experience she has gained in those major cases has enabled her to develop her skills as a pleader. She regularly represents clients before all judicial bodies in Québec.

Representative Work

  • Successfully represented Stewart Title Guaranty Company in a claim under the Bills of Exchange Act and the CPA Clearing Rules for forged endorsement in relation to a property sale and mortgage fraud via identity theft.
  • Participates in preparing cases for trial and pleads before various judicial bodies in Québec.
  • Assists her clients in investigations connected with banking, commercial or financial fraud, in prevention and recovery work, as well as in the filing of criminal charges.
  • Assists both underwriters and businesses in interpreting insurance policies and the litigation that may result therefrom.
  • Participates in preparing and executing seizures before judgment, injunctions and other court orders.
  • Advises clients on best governance practices and applicable liability rules.
  • Has participated in one international investigation.

Publications & Presentations

  • Québec Superior Court confirms strict liability for cheque bearing forged endorsement, in a case of identity theft and mortgage fraud, November 2016, BLG’s news and publications.
  • Spoke to group savings plan representatives on best practices, Investia, September 2014.
  • "Interim measures: Do Arbitrators have full authority to rule on such issues?," The Canadian Arbitration and Mediation Journal, Vol. 21, No. 1, Spring/Summer 2012.
  • "L'arbitrage des différends en matière de propriété intellectuelle : un débat qu'il faut clarifier," Les cahiers de propriété intellectuelle, May 2011.
  • "Amiable composition : avez-vous fourni les outils nécessaires à votre amiable compositeur?," The Canadian Arbitration and Mediation Journal, Fall 2009.
  • "La Cour d'appel du Québec se penche sur les pouvoirs d'amiable compositeur de l'arbitre," International Law Office, August 2008.