Éric McDevitt

David

Lawyer / Partner

Education and Bar Admission

  • Called to the Quebec Bar, 1990
  • Bachelors  in Civil Law and in Common Law (B.C.L./LL.B.), McGill University, 1989
  • Bachelor of Arts (B.A.) in Political Science, McGill University, 1985

Areas of Practice

  • Civil litigation
  • Class Actions
  • Construction Law
  • Energy Law
  • Law relating to cooperatives
  • Mining Law
  • Arbitration

Profile

With degrees in both Civil Law and Common Law from McGill University, Éric McDevitt David has acquired more than 30 years of experience in a national law firm and in firms specialized in litigation. He is sought after as both an advisor and litigator. Recognized as one of The Best Lawyers in Canada for his work in class actions and in energy law, he also practices in the areas of civil litigation, construction law, the law relating to cooperatives, and mining law.

Mr. David appears before both civil courts and administrative tribunals and he is available for arbitrations. He represents businesses, cooperatives, syndicates of co-owners, citizens’ groups and individuals.

Throughout his career, Mr. David has published legal articles, one of which has been favourably cited by the Supreme Court of Canada. He has given several conferences and has appeared before the media on a number of occasions with respect to class actions.

Mr. David is very involved in his profession having been a member of several committees. He presently sits on the Executive Committee of the Class Action Section of the Quebec Branch of the Canadian Bar Association and he is the President of the Bar of Montreal’s liaison committee with the Régie de l’énergie (the Quebec Energy Board).

He also has an interest in international projects, having taught civil and commercial procedure at the National University of Rwanda in 1996 and 1997. More recently, in September 2019, he offered training in mining law to lawyers in Uganda, Kenya and Tanzania in a program run by the Canadian Bar Association.

Relevant Experience

Representation (since 2008), on behalf of a consumer advocacy group (Option Consommateurs), of the interests of residential consumers before the Régie de l’énergie (the Quebec Energy Board) in cases involving Hydro-Québec, Énergir, and gasoline retailers.

Completion of hundreds of mandates for housing cooperatives and non-profit housing corporations in cases dealing with construction defects, the judicial review of decisions by boards of directors before the Superior Court, the judicial review of property assessments, appeals before the Tribunal administratif du logement (rental board) and complaints filed before the Human Rights Commission, among others.

Representation, in collaboration with the Assembly of First Nations Quebec-Labrador, of the interests of tens of thousands of native people in a class action regarding illegal taxation by Revenu Québec. The case resulted in the restitution of $27 million and the changing of applicable regulations. The settlement take-up rate (70 %) is one of the highest achieved in Canada for this type of class action.

Representation of citizens’ groups in numerous class actions dealing with consumer rights, competition law and environmental matters.

Representation of 1,200 residents who were subjected to significant inconveniences relating to a snowmobile trail in the Laurentians. It is one of the few environmental class actions to have been argued on the merits. It resulted in the permanent closure of the trail and in several thousands of dollars in compensation for each resident.

Representation of the interests of a mining company over the last 30 years.

Publications

  • “ Les recours collectifs en nullité et l’article 4.2 C.p.c. : Commentaire portant sur l’arrêt Marcotte c. Longueuil ” in Colloque sur les recours collectifs 2010, Canadian Bar Association – Quebec Division, pp. 125 and ff. (with Yves Lauzon).
  • “ La règle de proportionnalité de l’article 4.2 C.p.c. en matière de recours collectif : premières interprétations jurisprudentielles ” in Service de la formation permanente du Barreau du Québec 2007, Développements récents en recours collectifs, Vol. 278, Cowansville, Les Éditions Yvon Blais Inc., 2007, pp. 315 and ff.
  • “ La preuve appropriée au stade de l’autorisation d’un recours collectif ” in Colloque sur les recours collectifs 2007, Canadian Bar Association – Quebec Division, pp. 145 and ff.
  • “ Violence au sein des coopératives : la démocratie en péril ” in L’Echo-hop d’habitation (journal of the Quebec Confederation of Housing Cooperatives), December 2002.
  • “ La Cour d’appel réaffirme l’autonomie des coopératives ” in L’Echo-hop d’habitation, April 2002, p. 22.
  • “ Les moyens préliminaires, les incidents et les autres requêtes avant l’autorisation : escarmouches avant la bataille ? ” in Service de la formation permanente du Barreau du Québec 2001, Développements récents sur les recours collectifs, Vol. 156, Cowansville, Les Éditions Yvon Blais Inc., 2001, pp. 95 and ff.
  • “ La discrimination dans la sélection des membres ” in l’Echo-hop d’habitation, December 2001, p. 22.
  • La Coopérative d’habitation et la loi, Montreal, Wilson & Lafleur Ltd., 2000 (with others).
  • Translator and editor of the Rwandan Code of Civil and Commercial Procedure, Cowansville, Les Éditions Yvon Blais Inc., 1999.
  • Contributor to the Private Law Dictionary and Bilingual Lexicons, Kouri, R., et al., Ed., Montreal, 2nd edition, Quebec Research Center of Private and Comparative Law and Les Éditions Yvon Blais Inc., 1991.
  • Contributor to the Dictionnaire de droit privé et lexiques bilingues, Crépeau, P.-A., et al., Ed., Montreal, 2nd Edition, Quebec Research Center of Private and Comparative Law and Les Éditions Yvon Blais Inc., 1991.



Conferences

  • Speaker at the National Conference on Class Actions: Recent Developments in Québec, in Canada and in the U.S. (2017).
  • Moderator at the National Conference on Class Actions: Recent Developments in Québec, in Canada and in the U.S. (2014).
  • Speaker at the National Symposium on Class Actions (Osgoode Hall Law School) (2013).
  • Speaker at yearly seminar on class actions (Canadian Bar Association_Quebec Division) (2010).
  • Speaker at the Quebec Bar’s yearly seminar on class actions (2007).
  • Speaker at yearly seminar on class actions (Canadian Bar Association_Quebec Division) (2007).
  • Speaker at the Quebec Bar’s yearly seminar on class actions (2001).

Distinctions

  • Best Lawyers in Canada: recognized in class actions, energy law and energy regulatory law.

Professional and Community Involvement

  • Lecturer in mining law in Uganda, Kenya and Tanzania within the context of an international development program of the Canadian Bar Association  funded by Global Affairs Canada (2019)
  • President, Vice-President and member of the Executive Committee of the Class Action Section of the Canadian Bar Association (Quebec Branch) (2010-present)
  • President of the Bar of Montreal’s Liaison Committee with the Régie de l’énergie (the Quebec Energy Board) (2016-present) 
  • Member of Bar of Montreal’s Illegal Practice of Law committee (2012-2015)  
  • Member of the Bar of Montreal’s liaison committee with the Superior Court (2008–2012) 
  • Member of the Canadian Bar Association (1985-present)
  • Member of the Canadian Council on International Law (1998-present)
  • Teacher of civil and commercial procedure at the National University of Rwanda, as part of a program funded by the United States Agency for International Development (USAID) (1996 and 1997).
  • Volunteer ski instructor with the Adaptive Sports Foundation (2002-2008)