Lawyer Profile Detail
AREA OF EXPERTISE
Michel Gagné is a partner in our Litigation Group in Montréal. His practice focuses on commercial and civil litigation, and more specifically on complex technical litigation.
Mr. Gagné specializes in defending class actions as well as in environmental litigation. More specifically, he defends manufacturers’ liability class actions related to pharmaceutical and consumer products. He has extensive experience in personal injury cases and in cases involving soil and groundwater contamination. He regularly pleads before the civil courts. His experience includes numerous proceedings for damages, injunctive relief and judicial review. He is skilled in statutory penal law and has pleaded before numerous administrative tribunals and arbitration boards.
He has had the opportunity to lead cases in various fields, including in the areas of technology and intellectual property, administrative and constitutional law, as well as expropriation. He has managed contractual and unfair competition disputes. His experience includes lawsuits with respect to manufacturers’ liability and matters related to the Consumer Protection Act. He also has extensive experience in health law, professional liability and disciplinary law.
Mr. Gagné regularly provides advice and guidance to clients in the context of potential litigation to minimize their risk of liability. Many clients seek his experience and judgment to obtain strategic advice.
Mr. Gagné also regularly gives lectures, including for the Quebec Bar’s continuing education department, the Canadian Bar Association, Insight and the Canadian Institute. Mr. Gagné has taught trial advocacy skills at the Quebec Bar School. He is a past chair of the Environmental Law Section of the Canadian Bar Association’s Québec Branch and a member of the Defense Research Institute, an American organization.
Mr. Gagné has co-authored numerous articles, including the following: "La preuve dans un contexte électronique," 2001; "L’incidence de la condition personnelle préexistante de la victime sur l’évaluation des dommages : l’importance du lien causal," 2003; "Recours pour troubles de voisinage : les véritables enjeux," 2004; "Les recours collectifs et l'environnement : que nous réserve la prochaine décennie ?," 2005; "La preuve à l'étape de l'autorisation d'un recours collectif : à la recherche de l'équilibre," 2006; "Développements sans précédent en 2006-2007 dans le domaine des recours collectifs en matière environnementale," 2007; "Le droit à un environnement sain et respectueux de la biodiversité : valeur symbolique ou effet concret ?," 2009; and "Les décisions des tribunaux qui ont attiré l'attention en 2013-2015" in Développements récents en droit de l’environnement, 2015.
Mr. Gagné was recognized in the 2007 edition of the Guide to the Leading U.S./Canada Cross Border Litigation Lawyers in Canada, published by Lexpert. He has also been recognized in all editions of Who’s Who Legal: Canada since 2011 and in the last edition of the Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as one of Canada’s leading practitioners in the defence of product liability related claims. Mr. Gagné appeared as a leading lawyer in Environmental Law in the last edition of Best Lawyers in Canada.
Mr. Gagné received his Bachelor of Laws degree from Université Laval in 1987 and was called to the Quebec Bar in March 1989.
Levels of Decontamination: Courts Favour the Pragmatic Approach
The Supreme Court Clarifies the Application of the St. Lawrence Cement Inc. v. Barrette Decision
2012 Labour & Employment Client Conference — Québec
Omnibus Bill C-38 – A Major Reform of Federal Environmental Laws
Environmental Class Actions and Claims for Health-related Injuries: Causation and its Pitfalls
Landmark Precedent: Court Denies Certification of a Product Liability Class Action Related to a Drug Withdrawn From the Market
A Superior Court Judgment Sheds Doubt on the Legal Effect of Notices and the Ultimate Purpose of Class Action Judgments
Contaminated Sites: Starting Point of the Prescriptive Period for an Action in Damages
Neighbourhood annoyances and the duty of Municipal Authorities to enforce their by-laws
Environmental Class Actions: The Importance of the Class Description
McCarthy Tétrault successfully represents a healthcare company in the first pharmaceutical product liability class action trial in Canada
Transactions & Cases
AndroGel lawsuits - Absence of causation dispositive in product liability
Shell Canada completes sale of 236 retail gas locations to Sobeys in Québec and Atlantic Canada
Royal Gold completes C$700 million cross-border purchase of International Royalty
Bayer Xarelto class actions