Profile
Pascale Cloutier is one of very few lawyers whose call to both the Quebec and Ontario Bars qualifies her as a ‘national’ practitioner by virtue of her in depth knowledge of Canada’s two unique legal systems (Québec civil law and Common Law). Fluent in French and English, she is a commercial and civil litigator, with specialized expertise in competition and consumer law, product liability and franchising.
Pascale advises and represents her clients in complex competition files, including investigations by the Competition Bureau. She is currently defending clients in a potentially precedent-setting class action on an alleged price-fixing case in Quebec. A growing part of her competition practice includes developing competition compliance programs for organizations. This work involves providing strategic guidance and assistance to senior management with respect to the drafting and implementation of tailored competition policies, protocols and training for employees.
Over the years, she has represented companies in a variety of product liability cases, and is now routinely called upon to act for manufacturers in a wide range of litigation matters.
Pascale also has broad experience in advising franchisors in all types of franchise-related issues.
A seasoned litigator, Pascale has appeared before all levels of court, including the Supreme Court of Canada and the Court of Appeal of Quebec, as well as trial courts. While she has represented clients in all manner of commercial litigation, including class actions, she is likewise skilled in alternative dispute resolution techniques, having been involved in a number of important arbitrations.
Education
- Certificate of Qualification in Common Law, National Accreditation Committee, 2012
- Program in public and private international law, The Hague Academy of International Law, 1993
- LL.L., University of Ottawa, 1993
Professional Achievements
- Best Lawyers in Canada, 2013 (competition)
- Leading practionner in franchise law, Canadian Legal Lexpert® Directory, 2009, 2010, 2011 and 2012
- Queen Elizabeth II Diamond Jubilee Medal 2012
- Who's Who Legal of Franchise Lawyers 2011 and 2012
- Who's Who Legal: Canada 2011 and 2012
- Cross-border Litigation Lawyers to Watch in Canada, Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada, 2009 and 2010
Directorships
- Member, Board of Directors, Canadian Liver Foundation
Community Involvement
- Climbed Mount Kilimanjaro, a height of 5,895 meters (19,340 feet), in January 2007, to raise funds for liver research and education
Memberships
- The Canadian Bar Association
- The Legal and Legislative Committee of the Canadian Franchise Association
- International Franchise Association
- American Bar Association
Publications
- Covenants against Competition on Franchise Agreements, 3rd Edition, American Bar Association Forum on Franchising, 2012
- The Additional Warranty Offered by Merchants in Quebec Law, Franchise and Distribution, 2011
- Contracts of Adhesion: Consequences of a Franchise Contract Being Called a Contract of Adhesion in Quebec Civil Law, Franchise and Distribution, 2010
- The Canadian Franchising System, 2009 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, 2009
- Québec Class Action Certification Decision, Franchise and Distribution, 2008
- The Evolution of the Safeguard Order for the payment of Royalties in Québec, Franchise and Distribution, 2007
- Superior Court of Québec Dismissal of a Motion for Authorization to institute a Class Action against Toyota Canada and 38 of its dealership, Franchise and Distribution, 2007
- The Compensatory Contribution for Municipal Curb Side Recycling Services in Québec, Franchise and Distribution, 2007
- La responsabilité du franchiseur et du franchisé pour des produits défectueux, FranNews, 2006
- Contractual Legal Liability of Manufacturers and Distributors Under Québec Law, Franchise and Distribution, 2006
Key Practice Expertise
Areas of Focus
- Product Liability Litigation
- Consumer Litigation
- Class Actions
- Injunctions
Year of Call
- Law Society of Upper Canada, 2012
- Québec Bar, 1995