Antoine Motulsky-Falardeau

Profile

Partner

Antoine Motulsky is a partner with the firm’s Litigation and Conflict Resolution Group, specializing in commercial litigation and prevention and resolution of disputes. He advises and represents manufacturers, distributors, franchisors and entrepreneurs operating in various industries, such as transportation, energy, construction, financial services and the arts. He has acquired extensive experience in international law, franchise law, manufacturer’s liability, distribution of financial products and services, intellectual property and shareholders law.

Mr. Motulsky provides strategic advice in commercial matters and acts as lead counsel in litigation files, injunction cases, liability claims, commercial arbitration matters, complex disputes and in applications for the recognition of foreign judgments and foreign arbitration awards, for clients in Québec, the other Canadian provinces, the United States and other foreign countries. He has pleaded before the courts of Québec and in commercial arbitration matters.

In addition to his law practice, Mr. Motulsky is instructor in private international law and dispute resolution at the Faculty of Law of Université Laval. He is also a member of the Disciplinary Committee at Université Laval and a member/arbitrator of the Committee on the Arbitration of Lawyers’ Fee Accounts of the Barreau du Québec. He is the chair of the executive committee for the International Law section, Québec branch, of the Canadian Bar Association. In 2019, he was elected as a member of the Federation of Defense & Corporate Counsel.

Representative mandates

Litigation : 

  • Represented a division of a U.S. industrial group with respect to various motor vehicle liability claims
  • Represented a Québec franchisor in injunction proceedings and arbitrations against former franchisees
  • Represented an industrial group in connection with the recognition and enforcement in Canada of an arbitration award rendered in Brazil
  • Acted for the Ontario founder of a clothing brand in a shareholder dispute
  • Acted in liability proceedings against securities brokers and their financial institution

Advice : 

  • Reviewed and revised a franchisor’s contractual environment and its general terms and conditions in order to optimize the governance of its network of franchises, and provided strategic advice on various legal matters relating to the conduct of its national and international business
  • Provided strategic advice regarding product liability and comparative law to a U.S. industrial group
  • Provided advice on international sale contracts and Incoterms to a Québec technology manufacturer

Publications

  • “Les moyens préliminaires au nouveau Code de procédure civile : une réforme discrète du droit d’agir en justice”, in Sylvette Guillemard, ed., Le Code de procédure civile : Quelles nouveautés?, Yvon Blais, Montréal, Éditions Yvon Blais, 2016
  • “Les aspects historiques de la qualification de la prescription en droit international privé”, (2014) C. de D. 829
  • “Le délai de prescription applicable à l’exécution d’une sentence arbitrale étrangère au Québec”, Master’s thesis under the supervision of Professor Alain Prujiner, Université Laval, 2014

Speaking engagements

  • Numerous presentations and seminars to institutional clients on the resolution of disputes, arbitration and private international law
  • La prescription en droit international privé : jugements et sentences”, International Law section, Québec Branch, Canadian Bar Association, May 18, 2017
  • “Conflicts of Laws Within Conflicts of Jurisdiction: Uncharted Legal Territory in International Arbitration”, McGill Arbitration Student Society, October 5, 2015
  • Le délai de prescription applicable à l’exécution d’une sentence arbitrale étrangère au Québec”, Paul-André Crépeau Centre for Private and Comparative Law, June 9, 2015

Professional and community activities

  • Comité sur l’arbitrage des comptes d’honoraires du Barreau du Québec (Committee on the Arbitration of Lawyers’ Fee Accounts), member since 2019
  • Contracts Committee of the FDCC, Vice-Chair, since 2019
  • Executive Committee of the International Law section of the Canadian Bar Association, Québec Branch, member since 2017 and chair since 2019
  • Discipline Committee, Université Laval, member since 2019
  • Faculty of Law, Université Laval, course instructor since 2014
  • Offences Committee of the Bar of Montréal, member from 2013-2019
  • Committee on the Illegal Practice of Law, Barreau de Québec, member from 2009-2011
  • Coach for various moot court competitions (Charles-Rousseau, Willem C. Vis, Inter-American Human Rights Moot Court Competition), McGill University and Université Laval, 2004 to 2008
  • Young Bar of Montréal, member of the Public Affairs Committee and person in charge of the annual convention, 2004 to 2006

Distinctions

  • Prix Henri-Capitant for the best Master’s thesis on civil law in Québec, Henri-Capitant Association – Québec section, 2015
  • Québec Bar Prize Moot and Montreal Bar Prize Moot (best team), McGill University, 2002
  •  Special Jury Prize for the finale, Charles-Rousseau moot court competition, 2001
  • Best closing argument, Sopinka trial advocacy competition, 2000

Education

  • Master of Law (LL.M.), Laval University, 2015
  • Bachelor of Common Law (LL.B.), McGill University, 2003
  • Bachelor of Civil Law (B.C.L), McGill University, 2002
  • Bachelor of Music (B. Mus.), Université de Montréal, 1998

Boards and Professional Affiliations

  • Canadian Bar Association, Quebec Branch, International Section, member of the executive committee, since 2017
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