“Don’t raise your voice, improve your argument.”

DESMOND TUTU

Practice areas

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Professional activities and initiatives

Education

Publications

Practice areas

  • Civil and commercial litigation
  • Arbitration and alternative dispute resolution
  • Construction law
  • Procurement
  • International trade
  • Product liability
  • Public and constitutional law
  • Administrative law
  • Class Actions

Select experience

Lev has notably:

DEFENDED a mutual fund manager in a class action relating to securities distribution activities;

ACTED on behalf of a clinical trial company to obtain an injunction against a former shareholder and director and his company to prevent them from violating non-competition undertakings;

ACTED on behalf of a manufacturing company to force a call for tenders for the replacement of the 336 MR-63 metro cars of the Montréal metro (a contract valued at more than $1.2B.);

REPRESENTED a technology company in the context of a plan of arrangement submitted to the Superior Court of Quebec ($77M transaction);

REPRESENTED a major Canadian engineering firm in connection with a dispute related to the performance of an EPCM contract in the context of the construction of an iron ore mine;

ACTED for a general contractor and its surety in a litigation arising from the construction of a new real estate complex (over $30M in dispute);

ADVISED an international consortium of architects in connection with a major dispute with an owner regarding the amounts due to the consortium as a consequence of scope-related changes;

ACTED for a Canadian public company in numerous disputes with a foreign distributor (UNCITRAL Arbitration Rules and International Chamber of Commerce as Appointing Authority);

ACTED for a general contractor in several multimillion dollar arbitrations against an owner in connection with a real estate venture (Canadian Commercial Arbitration Centre);

ACTED for a Caribbean State in a dispute with a foreign supplier over an infrastructure project (UNCITRAL Arbitration Rules, under the auspices of the Permanent Court of Arbitration);

ADVISED a Dubai investor on the design and implementation of investment protection and dispute resolution provisions in the context of the concession for multimillion rail and road projects in Western Asia.

Professional activities and initiatives

Civil and commercial arbitration program for aspiring arbitrators, University of Sherbrooke (Longueil Campus) and the Institut de médiation et d’arbitrage du Québec (IMAQ), on a recurrent basis since August 2016 to present

Management of construction disputes, Construction Superconference, Canadian Institute, November 2017

Top 10 (and more!) issues related to the drafting of alternative dispute resolution provisions and agreements, ADR Institute of Canada, Annual National Conference: ADR in the Making: New Code, New Culture; Montreal, October 2014

Ensuring the cost-effectiveness and efficacy of commercial arbitration, Institut de médiation et d’arbitrage du Québec’s 4th Seminar, McGill University, May 2013

Private client seminar on mining law, arbitration and investment structuring, August 2013

How to protect your operations and investments abroad from negative sovereign interference: preemptive investment structuring and investor-State arbitration, client seminar, November 2012

Director, vice-president (2012-2016) and member of the advisory board of Young Canadian Arbitration Practitioners (YCAP)

Education

Business Leadership Program for In-House Counsel, Rotman School of Management, University of Toronto / The Canadian Corporate Counsel Association (CCCA) – The Canadian Bar Association received designation of Certified In-House Counsel – Canada (CIC.C), 2018

Specialized course on international commercial arbitration and investment arbitration jointly offered by the McGill Law School and The Dickinson School of Law (Pennsylvania State University) – 2010

LL.B/B.C.L., magna cum laude, McGill University – 2002

Publications

  • Canada Section of the International Handbook on Commercial Arbitration, International Council for Commercial Arbitration (ICCA), on a recurrence basis since October 2012 to present (co-author)
  • The Theratechnologies Case Section 225.4 of the Québec Securities Act: a screening mechanism with bite, Litigation Update (Stikeman Elliott) – May 2015 (co-author)
  • Contrats publics – Adoption à l’unanimité du projet de loi N° 26, Litigation Update (Stikeman Elliott), March 2015 (co-author)
  • Canada Section of Getting the Deal Through – Arbitration, Law Business Research – 2013 and 2012 editions (co-author)
  • Effect of arbitration clauses on class action Proceedings, Young Canadian Arbitration Practitioners – Lex Arbitrinewsletter, Spring/Summer 2012 (Volume 8, Number 1)
  • The Anatomy of an International Mining Dispute (International arbitration and sovereign risk management component) – March 2011