Matthew Liben Partner | Montréal

About Matthew

Matthew practises commercial litigation with a focus on insurance and reinsurance, construction and real estate, restructuring and insolvency, and class actions. He has appeared before the Superior Court of Quebec, the Quebec Court of Appeal and the Federal Court of Canada.

Matthew advises insurance companies and syndicates in North America and Europe on matters ranging from subrogated actions to complex insurance coverage disputes.

In the construction and real estate sector, Matthew represents developers and property owners with respect to alleged latent defects, construction defects, servitudes and other property issues.

Regarding restructuring and insolvency, Matthew acts for debtors and creditors in major reorganizations and bankruptcy proceedings under the Companies Creditors Arrangement Act and the Bankruptcy and Insolvency Act.

Matthew has also acted in numerous international commercial arbitration matters, pursuant to the ICC, UNCITRAL and AAA arbitration rules.

Matthew is fluent in English and in French.

Select Experience

Recent representative matters include advising:

Insurance

Various Canadian insurers in connection with a subrogated action seeking approximately C$20-million in damages from various defendants stemming from an explosion at a manufacturing facility
London market insurers and international insurers in an arbitration with respect to coverage issues relating to construction cost overrun and delay claims of C$200-million regarding an Alberta oil sands project
A London market insurer defending property and DSU claims in excess of C$500-million claimed under a CAR policy with respect to the refurbishment of a nuclear power station
Canadian and London market insurers under a cargo DSU cover with respect to coverage and dispute resolution in connection with an ALOP/DSU claim in excess of C$60-million in the context of the construction of a liquefied natural gas plant in Eastern Canada
Canadian and foreign insurers with respect to coverage and dispute resolution in connection with a major multimillion-property and business interruption claim relating to a subsea pipeline in Eastern Canada
London market and international insurers in respect of East Coast offshore platform construction (CAR) and business interruption matters
A London market insurer in a multimillion-dollar coverage dispute relating to the destruction of a restaurant complex in Halifax, Nova Scotia
A London market insurer in a multimillion-dollar coverage dispute relating to the collapse of the roof of a sawmill in Quebec
A London market insurer and London-based underwriters in a multimillion-dollar coverage dispute relating to the cost of raising a petroleum and PCB-filled barge off the coast of New Brunswick
A London market insurer and London-based underwriters in a multimillion-dollar coverage dispute regarding a peat moss facility in Quebec

Construction and Commercial Real Estate

A major Canadian and international residential property developer in connection with a C$9-million purported defect action relating to a condominium conversion project in Montréal
A major Canadian and international residential property developer in connection with various purported defect actions with a total value of over C$40-million, relating to a multi-phase condominium project in Montréal
A major Canadian and U.S. commercial property owner and manager with respect to a C$2-million defect action relating to a shopping centre located in the Charlevoix region

Commercial Arbitration

The petitioners in a C$150-million Quebec Superior Court matter, seeking exemplification and enforcement of an ICC arbitration award
The defendant in a C$350-million international commercial arbitration, pursuant to the UNCITRAL Rules, with respect to alleged contractual and tort liability of a professional firm in the shipping industry
The petitioner in a series of international commercial arbitration matters, pursuant to the ICC Rules, in connection with alleged product defects with a total value of over C$100-million in the sustainable energy field
The petitioner in a series of international commercial arbitration matters, pursuant to the AAA Rules, with respect to unpaid fees stemming from M&A transactions
One of the defendants in a series of international commercial arbitration matters in the oil and gas field

Class actions

Certain defendants in ongoing class action matters relating to contracts of insurance that included business interruption or operating loss coverage
Certain defendants in an ongoing class action matter relating to insurer's preferred vendors

Awards & Recognition

Matthew has been recognized as a leading lawyer by the following publications:

The Best Lawyers in Canada (2021–2025: Corporate and Commercial Litigation; 2021–2022: Insolvency and Financial Restructuring Law)
Chambers Canada: Canada's Leading Lawyers for Business – 2024–2025 (Insurance: Dispute Resolution)
The Legal 500 Canada (2023–2024: Construction; 2021–2024: Dispute Resolution: Quebec; 2019, 2022–2024: Insurance)
Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2021–2024 (Commercial Litigation)
Who's Who Legal: Canada 2023 (Insurance & Reinsurance)