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Annie Bernard Montréal Partner/Associée

Annie Bernard

Partner | Construction Law Fasken
Jurisdiction Québec, 2003
Language(s) French, English
Office(s) Montréal
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Overview

Annie Bernard's practice focuses on a broad range of complex matters, including construction litigation, arbitration and alternative dispute resolution. She represents clients in almost every sector of the construction industry ranging from owners to general contractors, subcontractors and suppliers on issues involving financing, delay claims, construction defects, project management, professional liability and breach of contract.

She also has extensive experience in issues relating to invitations to tender, legal hypothecs for construction, as well as the conditions under which licenses of the Régie du bâtiment du Québec and authorizations of the Autorité des marchés publics are issued. In the course of her practice, Annie also prepares and revises contractual documentation, such as the CCDC contract forms, and dealing with bond and co-ownership issues.

She has also been involved in the defence of several class action cases for several clients. Currently, Annie is involved in a class action lawsuit stemming from the Canadian ice storm of 1998.

Achievements

Client Work

  • WSP Global completed a $1.15 billion equity offering in connection with the $2.44 billion acquisition of POWER Engineers, [Deal - Syndicate of underwriters led by CIBC World Markets Inc., National Bank Financial Inc. and RBC Dominion Securities Inc.], Fasken represented the underwriters in connection with the public offering portion of a $1.15 billion equity offering by WSP Global in connection with the $2.44 billion acquisition of POWER Engineers.
  • Northvolt Batteries North America succeeded in having an application for an interim injunction dismissed, allowing it to carry out preparatory work on the site of its future manufacturing plant for electric vehicle battery cells, [Case - Northvolt Batteries North America Inc.], Dismissal of an application for an interim injunction.
  • Artelia acquired FNX-INNOV Inc., [Deal - FNX-INNOV Inc.], FNX-INNOV acquisition by Artelia
  • WSP Global completes a $920 million equity offering, [Deal - CIBC World Markets Inc], Bought deal offering in the strategic advisory, engineering and design services industry.
  • Settlement of a $1.7 million claim for hidden defects in garage doors, [Case - ADF Group]
  • Settlement of a claim for reimbursement of instalments paid for the purchase of a penthouse-style unit, [Case - Confidential], This claim was strongly contested.
  • Representation of Reliance Construction of Canada Ltd. in a claim for damages following the termination of a construction contract, [Case - Reliance Construction of Canada Ltd.], Reliance requests that Akelius be ordered to pay it more than $2.4 million for the damages it sustained as a result of Akelius’s breach of contract.
  • Representation of a landlord against unpaid contractor claims resulting from work requested by a tenant, [Deal - Confidential], Several claims have been made by contractors and subcontractors who performed work at the request of a tenant to adapt the premises to the tenant’s specific needs.
  • Collège de Maisonneuve engaged in a dispute with Construction Socam Ltée, [Case - Collège d’enseignement général et professionnel de Maisonneuve]

Career & Education

Education

  • LLB Université Laval

Community involvement

  • Member, Board of Directors Théâtre Le Clou
  • Secretary, Board of Directors PMI-Montréal

Memberships & Affiliations

  • Member Québec Bar Association
  • Member Montreal Bar Association
  • Executive Member Construction Law Committee of the Canadian Bar Association
  • Junior Montreal Bar Association
  • Member Defense Research Institute
  • Member PMI-Montréal
  • Member American Bar Association
  • Member Canadian Bar Association

Knowledge

Events

News

Publications

  • Class Actions in Quebec’s Construction Industry, 11/8/2016
  • Obligation of parties: general provisions that apply to contracts of enterprise or for services, 7/17/2013
Article Class Actions in Quebec’s Construction Industry Droit immobilier (Real Estate Law), 4th Edition, - Collection Blais, Édition Yvon Blais, Volume 25, 2016
Article Obligation of parties: general provisions that apply to contracts of enterprise or for services

Speaking Engagements

  • Class Actions in the Construction Industry, 12/6/2016
  • Work completion - Description of the notion and overview of case law, 12/1/2015
  • Disputes over defects that appear before a work’s reception, 4/24/2013
Class Actions in the Construction Industry Presented at the 4th edition of the Real Estate Law Seminar (Colloque Droit immobilier) organized by Les Éditions Yvon Blais location location Quebec Hôtel Château Laurier
Work completion - Description of the notion and overview of case law Co-speaker, PMI-Montréal location location Montréal
Disputes over defects that appear before a work’s reception Co-Speaker, Seminar entitled “Gestion des litiges dans le domaine de la construction”, organized by the Canadian Institute location location Montréal Omni Mont-Royal Hotel

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