Sidney Elbaz Photo
Sidney Elbaz Photo
Sidney Elbaz Photo

Sidney Elbaz is a litigation lawyer with extensive experience in class actions, competition and antitrust, product liability, and consumer protection. Representing clients in the automotive, banking and finance, and life sciences sectors, he appears before all levels of court in Québec, the federal courts and a variety of tribunals.

Defending class action proceedings under Québec’s Consumer Protection Act, Sidney has deep insight into matters concerning allegations of false representations, as well as product liability and failure to warn claims.

Sidney has also acted as Québec counsel in numerous cartel and conspiracy cases, defending major class actions involving allegations of anti-competitive activities relating to air cargo, air passengers, chocolate, gasoline, dynamic random-access memory (DRAM) and optical lenses.

Recognized as a leading lawyer in class action litigation by Best Lawyers in Canada, Sidney is also listed as a litigation star in the 2021 edition of Benchmark Litigation Canada.



Representative Matters

  • 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 for an online streaming service in a class action matter concerning allegations of violating the Quebec consumer protection act;
  • 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;
  • 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
  • Counsel for the receiver in a cross-border restructuring of major plastic manufacturer.
  • Counsel for secured lenders in a cross boarder restructuring

Speaking Engagements

Speaker, Démystifier le processus de l'action collective, Québec Bar Professional

January 20, 2021

Speaker, Les grands rendez-vous de la formation 2020, Québec bar training session

May 26, 2020

Speaker, Revue des décisions marquantes de la dernière année en litige commercial, L’Association du Barreau Canadien Section Litiges commerciaux

2019

Influence du nouveau Code de procédure civile au stade de l’autorisation (gestion de l’instance, moyens préliminaires, proportionnalité, permission d’en appeler), Colloque national sur l’action collective

2019

Speaker, Revue jurisprudentielle en litige commercial, L’Association du Barreau Canadien, Section Litiges commerciaux

May 11, 2018

Revue annuelle des décisions marquantes en matière de sûretés au Québec et en Ontario : leurs impacts sur votre pratique, OpenForum Financement et Sureté

2017

Presentation to the Canadian Institute of Contemporary Jewish Law and Ethics – Chabad of Town of Mont Royal-Goals of Class Actions in Canada: Access to Justice, Judicial Economy, and Behavior Modification With Examples

2017

Speaker, Un bilan jurisprudentiel de la dernière année en matière commerciale, L’Association du Barreau Canadien, Section Litiges commerciaux

April 6, 2016

Recours en oppression au Québec : développements récents depuis l'arrêt de la Cour suprême dans BCE, Rendez-vous 2015 en droit des sociétés

2015

Challenges Encompassing Consumer Insolvency Issues, 10th Annual Pan-Canadian Insolvency & Restructuring Law Conference

23 - 24 October 2014
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Teaching Engagements

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

News


Rankings & Recognition

  • Recognized in the 2024 Whos’ Who Legal: Product Liability Defence Guide
  • Recognized in the 2024 Benchmark Litigation: Canada Guide
  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the areas of Class Actions, Competition Law and Litigation – Product Liability
  • Winner of the 2024 Lexology Client Choice Award – Product Liability Defence  
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Class Action Litigation, Corporate and Commercial Litigation and Product Liability Law
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the areas of Class Actions and Competition Law
  • Recognized in the 2022 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the areas of Class Action Litigation; Corporate and Commercial Litigation and Product Liability Law
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2022 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Competition Law
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the areas of Class Action Litigation; Corporate and Commercial Litigation and Product Liability Law
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the areas of Class Action Litigation and Corporate & Commercial Litigation
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Class Action Litigation
  • Recognized in the 2020 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2019 Benchmark Litigation Canada Guide as a Litigation Star

Community Involvement

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

Directorships & Affiliations

  • Canadian Bar Association
  • Defense Research Institute (DRI)

Education & Admissions

2008
LLMCambridge University
2006
Called to the Québec Bar
2006
LLB (Common Law)University of Ottawa
2004
LLL University of Ottawa
2001
BA McGill University

Publications

Insights (18 Posts)View More

Featured Insight

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

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Jun 21, 2024
Featured Insight

Corporate Restructuring Meets Intellectual Property: Quebec Superior Court Overturns Disclaimer Notice and Issues the First Canadian Interpretation of Usage Rights under the CCAA

In the context of a restructuring, the debtor's right to resiliate a contract under s. 32 of the Companies' Creditors Arrangement Act is far from absolute.

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Jun 19, 2024
Featured Insight

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

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Mar 27, 2024
Featured Insight

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

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Mar 6, 2024
Featured Insight

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

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Feb 28, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

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Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

Automotive Webinar Series | Part III: Where Rubber Meets the Road: Automotive Litigation Update

At this session, our panel of experts will provide a panoramic view of the evolution of automotive class actions across Canada, a review of best practices for managing disputes with distributors and franchisees, and
insights into litigation and disclosure obligations arising from automotive industry labour issues.

Details
Wednesday, November 29, 2023
Featured Insight

Québec Bill 29 – A Potential Right to Repair and Planned Obsolescence Ban that Would Affect Appliances and Electronics

Québec looks to adopt a right to repair and planned obsolescence Bill with particular impacts on electronics and appliances.

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Jun 20, 2023
Featured Insight

Québec Bill 29, An Automotive Perspective – A Potential Right to Repair, Planned Obsolescence Ban and Lemon Law

Quebec looks to adopt a right to repair and planned obsolescence Bill with particular impacts in the automotive sapce

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Jun 13, 2023
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Outlook 2022: Class Actions in Canada

Join members of McMillan’s national Class Action group on Thursday, June 9th for an in-depth discussion on the developments and trends impacting the legal landscape for class actions in Canada.

Details
Thursday, June 9, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

Québec Class action – What’s new? Examination of the defendant at the authorization stage

EIn class actions, the right to examine an affiant is the subject of conflicting case law.

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Jun 14, 2021
Featured Insight

Advertising in the Virtual World

Join members of the Marketing and Advertising Group on Thursday, June 17, 2021 at 12 pm ET as we discuss current trends in marketing and advertising in an increasingly virtual world, and during the ongoing global pandemic.

Details
June 17, 2021 - 12:00 pm to 1:30 pm ET
Featured Insight

Supreme Court of Canada Confirms: Hypothecary Notices In Québec Receiverships Are Here To Stay

Supreme Court of Canada confirms: hypothecary notices in Québec receiverships are here to stay.

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Apr 6, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

Details
December 2, 2020 - 1:00 pm to 2:30 pm ET
Featured Insight

What Are “Moral Damages” Worth? Quebec Court of Appeal Limits when Consumers’ Frustration Constitutes a Recoverable Harm

The Quebec Court of Appeal's decision in Meubles Léon v. Options Consommateurs sheds light on when a "moral damage" is recoverable.

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Mar 2, 2020

Deals & Cases (2 Posts)

Featured Insight

Most Extensive Class Action Settlement Approval Contest in Canadian Class Action History

Mastercard retained McMillan for representation before the Canadian Competition Tribunal in connection with its “Honour All Cards” and “No Surcharge” rules. Mastercard and Visa were also sued in numerous class action lawsuits in Québec, Ontario, Saskatchewan, Alberta and British Columbia relating to the Mastercard and Visa interchange fees and rules.

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Dec 1, 2021
Featured Insight

Optical Disk Drives Price Fixing Class Action

In December 2018, McMillan appeared before the Supreme Court of Canada (“SCC”) to appeal the certification decision. The action was certified in British Columbia and upheld by the BC Court of Appeal.

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Sep 1, 2019