514.987.5084
- Acting as Quebec counsel to major global manufacturers in connection with their product liability litigations;
- Acting for OEMs in class actions pertaining of the Product Liability and Recall matters;
- 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
Sidney Elbaz
Expertise
Litigation & Dispute Resolution
Class Actions
Product Liability & Regulation
Competition, Antitrust & Foreign Investment
Restructuring & Insolvency
Language(s) Spoken
- English
- French
Sidney Elbaz is a partner in our litigation group with extensive experience in class actions defence, product liability, and consumer protection matters and competition/antitrust. Sidney represents clients from a various industries and sectors, including automotive, manufacturing, banking and finance, and life sciences sectors. He appears before all levels of court in Québec, the federal courts and a variety of specialized tribunals.
With vast experience defending class action proceedings alleging violations of Québec’s Consumer Protection Act, Sidney has deep insight into matters concerning allegations of false and misleading 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 in the 2024 Who’s Legal in Product Liability Defence guide, Sidney is also listed as 2024 Lexology Client Choice Award winner for Product Liability Defence.
Expertise
Representative Matters
Speaking Engagements
Speaker, Démystifier le processus de l'action collective, Québec Bar Professional
January 20, 2021Speaker, Les grands rendez-vous de la formation 2020, Québec bar training session
May 26, 2020Speaker, Revue des décisions marquantes de la dernière année en litige commercial, L’Association du Barreau Canadien Section Litiges commerciaux
2019Influence 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
2019Speaker, Revue jurisprudentielle en litige commercial, L’Association du Barreau Canadien, Section Litiges commerciaux
May 11, 2018Revue annuelle des décisions marquantes en matière de sûretés au Québec et en Ontario : leurs impacts sur votre pratique, OpenForum Financement et Sureté
2017Presentation 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
2017Speaker, Un bilan jurisprudentiel de la dernière année en matière commerciale, L’Association du Barreau Canadien, Section Litiges commerciaux
April 6, 2016Recours en oppression au Québec : développements récents depuis l'arrêt de la Cour suprême dans BCE, Rendez-vous 2015 en droit des sociétés
2015Challenges Encompassing Consumer Insolvency Issues, 10th Annual Pan-Canadian Insolvency & Restructuring Law Conference
23 - 24 October 2014Teaching Engagements
- Lecturer University of Ottawa National Program – Security for Debt (in 2008 and 2009)
News
Rankings & Recognition
- Recognized by Chambers Canada (2025) as a leading lawyer in the area of Litigation: General Commercial (QC)
- Recognized by Best Lawyers in Canada (2025) as a leading lawyer in the areas of Class Action Litigation, Corporate and Commercial Litigation, and Product Liability Law
- Recognized in the 2024 Lexology Index: Canada Guide as a Recommended lawyer in the area of Product Liability
- Recognized in the 2024 Lexpert Special Edition on Litigation
- 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
- “Franchising in Canada: 2022 Year in Review”, January 2023
- “Encyclopaedia of International Commercial Litigation,” Wolters Kluwer, May 2021
- “Commentaire sur la décision Dion c. Compagnie de services de financement Primus Canada – Éclaircissements de la Cour d’appel sur les représentations au consommateur et les dommages punitifs”, Repères, avril 2015
- “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. Banque Royale du Canada” – Divulgation des frais dans les contrats types : mieux vaut être clair, Repères, janvier 2014
- “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, Repères, septembre 2012
Insights (23 Posts)View More
Competition Bureau Releases Draft Greenwashing Enforcement Guidelines: A Pragmatic Approach
The bulletin highlights key elements of the Competition Bureau's draft greenwashing guidelines in respect of June 2024 amendments to the Competition Act.
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Jan 13, 2025
Canada Expands Interim Measures and Disclosure Powers for Foreign Investment National Security Reviews
As of September 3, 2024, the Government has new powers it can use when conducting national security reviews under the Investment Canada Act
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Sep 11, 2024
The Competition Bureau Goes Property Hunting (in Search of Anticompetitive Leases)
Analyzing the Competition Bureau's preliminary guidelines describing its approach for challenging competitor "property controls" in commercial leases
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Aug 13, 2024
Changes to the Competition Act: What Merging Parties Need to Know
The Competition Act's amendments to Canada's merger review regime are significant, and merging parties should take note.
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Jul 24, 2024
Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation
Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".
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Jul 8, 2024
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
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
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
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
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
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
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
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
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
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
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.
Read More
Jun 27, 2022
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
Significant Changes Coming to Canada’s Competition Act
The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.
Read More
May 3, 2022
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.
Read More
Jun 14, 2021
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
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
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
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)
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
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.
Read More
Sep 1, 2019
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