Sidney Elbaz 

Sidney Elbaz

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5084
e: sidney.elbaz@mcmillan.ca

overview

Sidney Elbaz is a partner in the litigation group that specializes in class actions, commercial litigation, insolvency related litigation and product liability. Sidney has appeared before all levels of the Quebec Courts, the Federal Courts and other specialized tribunals.

Sidney has extensive experience in defending domestic and international class actions. He has acted as Quebec counsel in numerous cartel and conspiracy litigations. He has been involved in defending many of the recent major class action cases in Quebec involving allegations of anti-competitive activities, including the air cargo, air passenger, chocolate, gas retail, DRAM and optical lenses cases.

Sidney has represented clients in complex proceedings in a variety of different fields including competition, consumer protection, intellectual property and product liability. In doing so, Sidney has acted for a variety of clients in various industries, including pharmaceutical, aviation, banking and manufacturers of building and plumbing materials to name a few.

Sidney also frequently advises financial institutions, secured lenders, trustees and debtors on security enforcement matters, insolvency and restructuring related issues.

Representative Matters

  • Co-counsel acting on behalf of the Canadian Association of Insolvency and Restructuring Professionals (CAIRP) before the Supreme Court of Canada in Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny, 2009 SCC 49, [2009] 3 SCR 286;
  • Acting as Quebec counsel to major global manufacturers in connection with their product liability litigations;
  • Representing a leading pharmaceutical company in a class proceeding in Quebec involving product liability and consumer protection allegations;
  • Acted on behalf of manufacturers in a product liability claim resulting in personal injury claims;
  • Representing a gas retailer in the Quebec class action concerning the allegations of price fixing of gasoline in the retail level;
  • Quebec co-counsel for a defendant in the DRAM alleged price fixing class action;
  • Advising an important Norwegian equipment lessor and ship designer in the context of Davie Yard's restructuring under the Companies' Creditors Arrangement Act;
  • Advising one of the lenders in Mecachrome's restructuring under the Companies' Creditors Arrangement Act;
  • Counsel for the receiver in a cross-border restructuring of major plastic manufacturer.

Publications

Access by Private Litigants to Criminal Investigations' Wiretaps: Has the Supreme Court of Canada Opened the Floodgates?
The Supreme Court of Canada rules on the issue of "credit charges" pursuant to the Consumer Protection Act and the issuance of punitive damages
Assigning Contracts in Canadian Insolvency Proceedings
Restrictions to unilateral contractual amendments... and to punitive damages
Commentaire sur les décisions Dubé c. Nissan Canada Finance, division de Nissan Canada inc. ; Dion c. Compagnie de services de financement automobile Primus Canada ; Daneau c. General Motors Acceptance Corporation du Canada ltée (GMAC) ; St-Pierre c. B
Infineon Technologies AG v Option consommateurs: has the Supreme Court of Canada opened the door to purely speculative class action claims?
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
Class Actions: Introduction of evidence, another obstacle for respondents at the authorization stage?
The Quebec Court of Appeal's decision in Lorrain v. Petro-Canada: mere allegations of damages are insufficient to authorize a class action
Article 2779 C.c.Q. : quels coûts pour le créancier forcé d'abandonner son recours ?

News

McMillan listed as "Canada Elite" by Global Competition Review (GCR)
McMillan welcomes five new partners to the partnership

Education

  • Cambridge University, LLM - 2008
  • University of Ottawa, LLB (Common Law) - 2006
  • University of Ottawa, LLL - 2004
  • McGill University, BA - 2001

Year Of Call

  • Called to the Quebec bar - 2006

Practices

litigation
class actions
product liability
competition and antitrust
franchise and distribution
franchising and distribution disputes
cartels
restructuring and insolvency
security enforcement

Industries

aviation
banking, finance and insurance
pharmaceuticals
transportation
franchising and distribution
manufacturing, distribution and retail

Directorships and Professional Associations

  • Canadian Bar Association
  • Defense Research Institute (DRI) 

Teaching Engagements

  • Lecturer University of Ottawa National Program-Security for Debt (in 2008 and 2009)

Community Involvement

  • Volunteer for child and adult services activities aimed at integrating adults with developmental disabilities into their community
vcard

Sidney Elbaz is a partner in the litigation group that specializes in class actions, commercial litigation, insolvency related litigation and product liability. Sidney has appeared before all levels of the Quebec Courts, the Federal Courts and other specialized tribunals.

Sidney has extensive experience in defending domestic and international class actions. He has acted as Quebec counsel in numerous cartel and conspiracy litigations. He has been involved in defending many of the recent major class action cases in Quebec involving allegations of anti-competitive activities, including the air cargo, air passenger, chocolate, gas retail, DRAM and optical lenses cases.

Sidney has represented clients in complex proceedings in a variety of different fields including competition, consumer protection, intellectual property and product liability. In doing so, Sidney has acted for a variety of clients in various industries, including pharmaceutical, aviation, banking and manufacturers of building and plumbing materials to name a few.

Sidney also frequently advises financial institutions, secured lenders, trustees and debtors on security enforcement matters, insolvency and restructuring related issues.

  • Co-counsel acting on behalf of the Canadian Association of Insolvency and Restructuring Professionals (CAIRP) before the Supreme Court of Canada in Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny, 2009 SCC 49, [2009] 3 SCR 286;
  • Acting as Quebec counsel to major global manufacturers in connection with their product liability litigations;
  • Representing a leading pharmaceutical company in a class proceeding in Quebec involving product liability and consumer protection allegations;
  • Acted on behalf of manufacturers in a product liability claim resulting in personal injury claims;
  • Representing a gas retailer in the Quebec class action concerning the allegations of price fixing of gasoline in the retail level;
  • Quebec co-counsel for a defendant in the DRAM alleged price fixing class action;
  • Advising an important Norwegian equipment lessor and ship designer in the context of Davie Yard's restructuring under the Companies' Creditors Arrangement Act;
  • Advising one of the lenders in Mecachrome's restructuring under the Companies' Creditors Arrangement Act;
  • Counsel for the receiver in a cross-border restructuring of major plastic manufacturer.
July 2014
Assigning Contracts in Canadian Insolvency Proceedings
Restructuring and Insolvency Bulletin
September 2012
Article 2779 C.c.Q. : quels coûts pour le créancier forcé d'abandonner son recours ?

Commentaire sur la décision Canada (Procureur général) c. Caisse populaire St-Joseph de Bordeaux (in French only)
Repères