Claude Marseille, Ad. E., Montréal

About Claude

Claude's litigation practice focuses on corporate and commercial litigation, class actions, product liability, life sciences, construction law, and shareholder remedies.

Claude has appeared before all levels of the courts in Quebec as well as the Federal Court of Appeal, the Federal Court of Canada and the Supreme Court of Canada. He has been involved in a number of commercial arbitrations, both as counsel and as designated arbitrator, and has appeared before various administrative tribunals and boards.

Claude represents a wide range of clients such as manufacturers, financial institutions, transportation companies, franchisors, telecommunications companies, real estate companies and public corporations.

Select Experience

Representing a major power producer in Quebec before the Supreme Court of Canada regarding the legality of its easements on private lands across the province
Defending the interests of pharmaceutical companies in the context of failure to warn, product liability class actions for medications and medical devices
Defending the interests of a major food manufacturer in the context of a class action attacking the legality of the terms of termination of a pension plan
Defending the interests of a major pharmacy franchisor in Quebec in the context of a class action attacking the legality of the royalty structure included in its franchise agreements
Defending the interests of a group of pharmacies in the context of a class action attacking the price of prescription drugs charged to privately insured clients
Defending the interests of the City of Montréal against an action attacking the validity of a municipal loan to the entity that operated the BIXI bike sharing system
Represented a major supplier of power equipment in a commercial arbitration, in the context of the Muskrat Falls project in the Canadian Maritimes
Successfully defended the interests of a major multi-level marketing company against a national class action alleging violations to the Competition Act, before the Federal Court of Appeal
Successfully defended the interests of flight schools against injunctive proceedings and a nuisance class action related to their activities on the south shore of Montréal
Successfully defended the interests of two rendering plants in the cities of Montréal and Lévis against nuisance class actions related to their operations
Successfully defended the interests of Canada's leading producer of ready-to-eat cereals and convenience foods in the context of a national class action alleging misrepresentation as to the caloric content of its reduced-sugar products
Successfully defended the interests of a Class 1 Canadian railway company against a nuisance class action related to its operations on the Island of Montreal
Successfully defended the City of Montréal against an action in damages following the cancellation of a project for a municipal waste incinerator. The claim gave rise to one of the longest trials (376 days) in the history of Quebec, and a precedent-setting decision by the Supreme Court of Canada on solicitor-client privilege in Quebec.

Awards & Recognition

Claude was awarded with the honorific title Advocatus Emeritus (AdE) by the Barreau du Québec "to recognize the excellence of exemplary members and highlight an exceptional career". He is also recognized as one of Canada's leading litigation lawyers in the following publications:

The Best Lawyers in Canada – 2022–2025 (Alternative Dispute Resolution, Class Action Litigation, Construction Law, Corporate and Commercial Litigation, Product Liability Law)
Chambers Canada: Canada's Leading Lawyers for Business – 2020–2025 (Litigation: General Commercial – Quebec)
Lexpert Special Edition: Technology and Health Sciences 2024
Who's Who Legal: Product Liability Defence 2024
Who's Who Legal: Global 2024 (Life Sciences – Product Liability)
The Canadian Legal Lexpert Directory 2024 (Class Actions, Litigation – Corporate Commercial, Litigation – Product Liability)
The Legal 500 Canada 2024 (Dispute Resolution: Quebec)
Lexpert Special Edition: Litigation 2023
Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2018–2024 (Litigation Star)
Who's Who Legal: Canada – 2021–2023 (Life Sciences and Product Liability Defence)
Who's Who Legal: Global – 2021–2022 (Life Sciences and Product Liability Defence)
Thomson Reuters Stand-out Lawyers 2021 – Independently Rated Lawyers (As nominated by senior in-house counsel)
Who's Who Legal: Life Sciences 2021 (Product Liability)
Who's Who Legal: Product Liability Defence 2021
Who's Who Legal: Arbitration 2020

Claude was awarded the Lifetime Membership Award for "exceptional contribution to the goals of the association" by the Young Bar Association of Montreal. In 2021, The Advocates' Society also awarded him the 2021 Québec Excellence in Mentoring Award.

Professional Activities

Claude is a governor for life of the Quebec Bar Foundation. He has been actively involved in leadership roles of the Canadian Bar Association (Quebec Division), the Barreau du Québec, the Barreau de Montréal, the International Association of Young Lawyers and the Young Bar Association of Montreal. He presided at the Committee of the Barreau du Québec on Solicitor-Client Privilege and the Use of Technology.

Claude is adjunct professor for the law of evidence at the Faculty of Law of Université de Montréal, and has taught civil liability at the Quebec Bar School. He has published widely in legal literature, having authored a number of books, articles and book chapters on class actions, the law of evidence and e-commerce law. He also acts as editorial advisor for the Code de procédure civile annoté at Lexis Nexis.

In 2022 Claude was named a fellow of the Construction Lawyers Society of America.

He has been serving for several years on the jury of the Quebec In-House Counsel Awards.