Description
Jean Patrick Dallaire has been a member of our civil and commercial litigation group since 2003.

Before joining the firm, he studied at the Royal Military College of Canada, and then at Laval University, which he represented in 2001 as a pleader during a mooting competition organized by the Institute of International Commercial Law of the Pace University School of Law in New York.

In 2001 he acted as research assistant to Justice J. Dutil of the Québec Court of Appeal, and Justices J. Dufour and É. Martin of the Superior Court of Québec.

He has developed a considerable expertise in a number of areas, particularly in injunction and construction law matters, which has led him to give frequent conference presentations to associations in the construction industry.

In 2008, Jean Patrick pleaded at the hearing on the merits of a class action case.

He has twice appeared before the Supreme Court of Canada on behalf of financial institutions against the government, once in 2008 in a case involving the right of compensation, and again in 2009 in a matter involving the government’s right to recover taxes in the context of a bankruptcy.

He has also argued intellectual property cases, particularly before the Federal Court in a matter involving search and seizure of counterfeit goods, and more recently before the Québec Court of Appeal in the case opposing Claude Robinson to Cinar and others.

2005 - "What you should know about the BSDQ" (a private body that receives and forwards construction tenders), morning seminar on Construction Law, Langlois Kronström Desjardins.

2005 - "Answers to your questions on construction law", Alma, one-day conference of the Corporation des entrepreneurs généraux du Québec.

Representative mandates
Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny
Jean Patrick and Reynald Auger successfully argued before the Supreme Court of Canada that the federal and provincial governments cannot claim ownership of GST and provincial sales taxes collected or collectible by merchants and suppliers but not remitted by them at the time of their bankruptcy. Governments are thus merely ordinary creditors with respect to such amounts owed them, since the dollar collected is not the dollar remitted to the government, and the deemed trusts under provincial and federal taxation laws do not survive bankruptcy.

 Consortium M.R. Canada Ltd. v. CH/CHSLD de Matane
Jean Patrick and Stéphane Audy successfully argued before the Quebec Court of Appeal that a project owner has the right to withhold sums payable under a construction contract, notwithstanding that the contractor included a performance bond in its tender offer.
 
BSL Construction Inc. v. Municipality of Ste. Agathe
Jean Patrick and Bernard Vachon successfully argued before the Quebec Court of Appeal that, notwithstanding pending environmental approval sought by its experts, a project owner is obliged to give the general contractor access to the construction site in time for the latter to respect the timetable for performance of the work, and that the owner was accordingly liable for the losses suffered by the contractor, including losses in productivity.
 
Moulinsart S.A. v. John Doe
Jean Patrick Dallaire and Richard Ramsay obtained and executed an Anton Piller order for the province-wide search and seizure of material violating the rights of a well-known author.