Jacques S. Darche C.Arb

Partner

Executive Summary

Jacques S. Darche focuses his commercial litigation practice on the following areas: commercial litigation, international commercial arbitration, real estate litigation and expropriation, franchise law, international fraud, estate litigation, shareholder disputes, insolvency and financial restructuring.

A multi-faceted litigator who strives for the best results for the parties he represents, Jacques is regularly retained by various clients facing complex problems. He has extensive knowledge of and experience with the workings of Québec's civil courts, as well as the rules of various international commercial arbitral institutions.

Jacques is Regional Leader of our International and Domestic Commercial Arbitration Groups and well as of our Franchise Licensing and Distribution Group.

Representative Work

  • Acted as co-counsel for a confessional high school. Its successful defence before the Superior Court of Québec in 2010, of its freedom of religion in teaching the course of Ethics and Religious Culture (Loyola High School v. Courchesne, 2010 QCCS 2631) and was confirmed by the Supreme Court of Canada (Loyola High School v. Quebec (Attorney General), 2015 SCC 12).
  • Acted as counsel for the trustee of a testamentary trust in a $14.1-million damage action alleging poor management. The suit was disposed after a 16-day trial (Bell v. Molson, 2012 QCCS 5498) and debated before the Québec Court of Appeal (Bell v. Molson, 2015 QCCA 583).
  • Acted as counsel for a commercial lessor who was sued for more than $4 million by its tenants following a fire in its building - Settled out of Court in 2014 before a 15-day trial.
  • Acting as counsel for a manufacturer seeking compensation of more than $10 million from one of its suppliers for the supply of defective parts that gave rise to a problem of epidemic proportions.
  • Acting as counsel for the largest secured creditor in the plan of arrangement of Montreal, Maine & Atlantic Canada Co., pursuant to the Companies' Creditors Arrangement Act (CCAA).
  • Acted as counsel for the largest creditor in the plan of arrangement of Davie Yards Inc. pursuant to the CCAA.
  • Acted as counsel for an employer that sued a labour union for approximately $40 million as a result of numerous acts of vandalism committed during a labour dispute; the case settled out-of-court in 2009 after a 45-day trial.
  • Acts as counsel to parties involved in both international and domestic commercial arbitrations governed either by the arbitration rules of institutions such as the International Chamber of Commerce or by ad hoc arbitration rules.
  • Represents parties in the homologation, recognition and contestation of arbitral awards and serves as arbitrator and mediator in commercial disputes.
  • Advises and represents commercial landlords and tenants, as well as real estate owners, in all the legal aspects of their activities.
  • Serves as counsel for many parties involved in shareholder disputes.
  • Represents businesses victimised by complex international commercial frauds.
  • Represents franchisors in their relations with franchisees and suppliers.
  • Represents estate liquidators (executors) and heirs in disputes over the liquidation of estates.

Publications & Presentations

  • Regularly serves as tutor and examiner in many intensive training sessions offered by the Chartered Institute of Arbitrators around the world.
  • Regular speaker and trainer on subjects related to international commercial arbitration, franchising law, civil procedure, testimony and expert testimony.
  • Speaker at the conference of the Association for International Arbitration, held in Brussels in 2010, to mark the 25th Anniversary of the UNCITRAL Model Law on International Commercial Arbitration.

Rankings & Recognitions

  • International Panel of Arbitrators – International Centre for Dispute Resolution (ICDR).
  • Martindale-Hubbell® Distinguished® Peer Rated for High Professional Achievement.