ME SOPHIE-ANNE
DÉCARIE

CURRENT PRACTICE

Mrs Décarie concentrates her current practice in business law and complex commercial litigation in various fields such as construction law, real estate law, commercial law, civil liability, franchise law and insurance law. These include complex negotiations, contract reviews, sensitive, important or strategic representations before the courts.

As a lawyer and chair of the DS Décarie Lawyers team, Mrs Décarie oversees and directs the other lawyers on the team and participates in the development of strategies for several cases based on clients’ needs and in their best interests.

Mrs Décarie also acts as an ad litem lawyer for Mr. Benoit Achom Makoma in the class action in which he represents a group of victims estimated at 19,000 members.

BIOGRAPHICAL NOTE

Mrs Sophie-Anne Décarie has significant and varied experience as a lawyer in complex civil and commercial litigation before several court proceedings including various forms of appeal including long-term trials, extraordinary appeals and appeals to the Quebec Court of Appeal, in such as construction law, real estate law, commercial law, civil liability, franchise law and insurance law.

Also, she has significant experience as a lawyer in complex negotiation. Participated in a hundred amicable settlement conferences or negotiation meetings.

Mrs Décarie has also significant experience as a lawyer in drafting or reviewing custom contracts, including shareholder agreements, commercial leases, purchase/sale of shares or assets included in large-scale commercial transactions.

Here are example of representative mandates

• Lawyer appointed to represent ID Gatineau (formerly CLD Gatineau), Youth Employment Crossroads, Old Gatineau Business and Professionals Association (AGAP), SADC de Papineau-Collines, Centre entrepreneurship and/or its entrepreneurial members.
• Lawyer appointed to represent Brookfield Energie La Lièvre for all her real estate cases in western Quebec. A lawyer who successfully represented a national franchisor against his former franchisees who failed to comply with non-competition clauses. Coordinating 15 contentious cases including supervision of a corresponding law firm in Ontario.
• Lawyer who wrote the standard franchise agreement for all franchisees of a national franchise in a post-disaster service.
• Lawyer who successfully represented a resort to have a $2 million lawsuit dismissed in a case relating to the breach of an IT development contract and obtaining damages for abuse of process. Auberge et spa Le Nordik c. Groupe SAIT inc.
• Lawyer appointed to represent Benoit Atchom-Makoma in an application for leave to take collective action against the Attorney General of Quebec, the City of Quebec and the City of Montreal on the grounds that since 2015, the state has been in violation of the the fundamental rights of its citizens by failing to take the necessary steps to allow any detainee to be brought before a judge within 24 hours. This class action seeks compensatory and punitive damages for the members of the group. Demande d’autorisation No 550-06-000030-180
• Lawyer who successfully represented a landowner for a right of way. (confirmed in court of appeal). Gestion Architectonic inc. c. Bettencourt (CS)  Gestion Architectonic inc. c. Ibrahim (CA)
• Lawyer who successfully represented an owner of a new residential building against Brigil Buildings in order to obtain the resolution of the sale of a new acquired building affected by ferrous ochre. (confirmed in Court of Appeal) 3223701 Canada inc. c. Darkallah, 2018 QCCA 937 (CanLII)
• Lawyer who successfully represented a landowner for a right of way. (confirmed in court of appeal) Nowacki c. Domaine Baie Mud IOPHO inc., 2012 QCCS 5005 (CanLII)
• A lawyer who has successfully represented landowners in two cases of judicial recognition of property rights. Paluck c. Jémus, 2011 QCCS 2448 (CanLII); Paluck c. Jémus, 2011 QCCS 2448 (CanLII)
• A lawyer who successfully represented a dentist promising to purchase a dental clinic in a liability lawsuit against the promising seller for failing to follow through on the promise to sell a business. A lawyer who successfully represented a subcontractor to have a $900,000 lawsuit dismissed as a subcontractor in a major construction project.
• Lawyer who negotiated and sold a large complex of several amusement parks to an American corporation and subsequently reorganized the companies.
• Lawyer who successfully represented the family of a young boy who committed suicide while in the care of an Ottawa hospital in a hospital liability suit.
• Lawyer who successfully represented a client against a contractor in a malfeasance case. Bouchard c. Foley, 2010 QCCQ 6331 (CanLII) confirmed on the merits on appeal Foley v. Bouchard QCCA 

AREAS OF
PRACTICE

Commercial litigation

Real estate litigation

Liability and insurance litigation

Construction disputes and hidden defects

Intellectual property

Commercial law and business contracts

Corporate law and business law

Civil and commercial mediation

Negotiation

EDUCATION

1995 – Studies in Political science , University of Ottawa, Dean’s Honour List

1999 – Called to the Quebec Bar

1998 – Bachelor degree in Law, Laval University, with best score of the class

2009 – Pleading technique from the “National Institute for Trial Advocacy”, University of Sherbrooke

2017 – Advanced professional training in “Civil and commercial mediation”, University of Sherbrooke

AWARDS AND DISTINCTIONS

• Recipient of the 2012 BNI-East Networker of the Year Award
• Third highest score in the cohort to obtain a Bachelor of Law degree at Laval University, 1998
• Dean’s Honour Roll of the Faculty of Law at the University of Ottawa, 1995
• University of Ottawa Scholarship, Academic Excellence, 1994

IMPLICATIONS

• Administrator at the Gatineau Chamber of Commerce, since 2020
• Chair of the Women’s Entrepreneurship Committee of the Gatineau Chamber of Commerce since 2020
• Honorary Chair of the Leucan Ottawa Chiefs Challenge, which raised $380,000 for the organization from 2017 to 2019
• Administrator at The Quebec Construction Association, 2018 to 2021
• Mentor at the Gatineau Chamber of Commerce, 2016 to 2019
• Member of the Institute of Mediation and Arbitration 2013 to 2020
• Member of the Gatineau Chamber of Commerce, since 2010
• Member of the Quebec Young Leaders Centre, since 2017
• Administrator at the Gardens of Remembrance 2016-2017
• Chair of the BNI Business Partners Section from 2009 to 2013
• Member of the Ottawa Young Professionals Association, 2012-2013
• Founder of the BNI Section – BNI Business Partners in 2006
• Trainer and speaker at the Quebec Business Transfer Centre, Youth Employment Crossroads, Business Fair, Entrepreneurship Centre, Young Leaders Centre, Pontiac SADC, Collegiate City, Students’ Group of Business Administration Modules (REMAA) of the University of Quebec in Ottawa, etc.
• Weekly Legal Columnist, “The Right Time with Me Decarie,” 104.7 FM, 2014-2015
• Trainee, Quebec Bar and University of Ottawa Student Leader who are doing a clinical teaching course, 2013 – current
• Lecturer, Introduction to Law, New Frontiers Pre-University College, 2002