Éric Thibaudeau

Profile

Partner

Éric Thibaudeau is a partner and a member of the Labour and Employment Group. He has special expertise in the area of occupational health and safety, regarding issues within the jurisdiction of the Administrative Labour Tribunal (ALT) as well as penal infractions prosecuted by the CNESST that are heard in the Court of Québec’s Criminal and Penal Division. He also acts for employers in grievance arbitrations, labour-relations matters and collective agreement decrees. In addition, he advises construction contractors and project owners on all matters within the jurisdiction of the construction industry regulatory authorities, such as the Commission de la construction du Québec and the Régie du bâtiment du Québec.

A highly regarded practitioner within the construction industry, Éric also advises various corporate entities in the private sector as well as organizations in the public sector.

Since 2015, Éric has been listed in The Canadian Legal Lexpert® Directory in Occupational Health & Safety / Workers’ Compensation. Since 2019, he has been on The Best Lawyers in Canada. In 2014, he was designated as one of Leading Lawyers Under 40 at the Rising Stars gala of Lexpert® magazine. In addition, Mr. Thibaudeau was named in 2020 a Fellow (Associate Member) of the prestigious Construction Lawyers Society of America (CLSA).

Publications

  • "Commentaire sur la décision Commission de la construction du Québec c. Av-Tech inc. – Examen de la portée de l’exception prévue à l’article 19(2) de la Loi R-20" (Comment on the decision Commission de la construction du Québec v. Av-Tech inc. – Review of the scope of the exception provided for in section 19(2) of Act R-20), coauteure Aude Berger, Repères, EYB2020REP3157 - September 2020
  • COVID-19: sound OHS practices key to continued operations - 2020
  • Relief for employers as payment of dues to CNESST is deferred - 2020
  • Introduction of Bill 59, "Loi modernisant le régime de santé et de sécurité du travail : changements majeurs à prévoir " (Act to modernize the occupational health and safety system: major changes expected) - 2020
  • Covid-19 : "une bonne organisation SST essentielle au maintien des activités de l’entreprise" (Good occupational health and safety organisation essential to the maintenance of the company’s activities) - 2020
  • Employer relief: deferral of CNESST contributions - 2020
  • “Widespread strike among crane operators in Quebec: A backlash to new regulation”, co-authored with Xavier Berwald-Grégoire, The Lawyer’s Daily - July 2018.
  • The Reinforced Building Act: Obtaining and Retaining a Contractor’s Licence Has Become More Difficult - 2018
  • Construction Contractor Sentenced to 18 Months in Prison for the Death of an Employee! - 2018
  • Crane Operators’ Strike: The Administrative Labour Tribunal Orders Crane Operators to Return to Work on a Regular Basis as of Today - 2018
  • Worker Safety on Construction Sites: a Contractor Found Guilty of Manslaughter - 2018
  • Employer Ordered by Ontario Superior Court to Pay $2.6 Million for OHS-Related Criminal Negligence - 2018
  • Penal Offences: a Minimum Fine Deemed Unconstitutional - 2017
  • Offences Under the Occupational Health and Safety Act: a Lot More Than a Fine Is at Stake! - 2017
  • Unreasonable Delays in Criminal and Penal Matters: the Supreme Court Toughens the Rules! - 2016
  • The Supreme Court of Canada Con rms the Primacy of the Professional Secrecy of Lawyers and Notaries Over Government Audits - 2016
  • CCQ offences For Failing to File Notices of Hiring Online: Two Employers Acquitted - 2016
  • Inherent Financing Costs - 2016
  • Fatal Work Accident: an Ontario Court Sentences a Project Manager to 3 ½ Years in Prison - 2016
  • Obligation to Accommodate and the Act Respecting Industrial Accidents and Occupational Diseases: the CSST and the CLP Now Have to Take Them into Account - 2015
  • Workplace Safety: a Contractor Loses his Construction Licence and is charged With Manslaughter - 2015
  • Suitable Employment and the Duty to Accommodate: the Superior court Turns the Case Law on its Ear - 2015
  • Costs Due to Treatment or Failure to Provide Treatment: the Workers’ Compensation Tribunal Puts an End to a Debate - 2014
  • Checking the “No” Box: Will You Be Charged by the RBQ for Making a False Statement? - 2014
  • An Employer Can File a Counterclaim Against an Employee in an Action Brought by the Labour Standards Commission on the Employee’s Behalf - 2014
  • Primer on Due Diligence in Occupational Health and Safety Matters - 2014
  • Pay Registers: the Construction Commission Tightens the Screws! - 2014
  • Employers’ Penal Liability in Respect of Occupational Health and Safety - 2014
  • The Firm Welcomes a New Partner to Its Labour and Employment Law Team - 2013

Conferences

  • Lecturer at the CEGQ Conference, "Votre licence RBQ est à risque : le saviez-vous?" - 2020
  • Lecturer at the CEGQ Conference, "Non-Compliance of the Act Respecting Occupational Health and Safety: Much More Than Fines!" - 2019
  • Fourth Continuing Legal Education Symposium on Labour and Employment Law 2018 | Developments in Occupational Health and Safety - 2018
  • Managing the Risks of Penal and Criminal Prosecutions in the Area of Occupational Health and Safety - 2017
  • Proactive management of a Health and Safety file - 2016
  • Health and Safety training, "Les constats d’infraction CSST et leurs impacts collatéraux" - 2015
  • Lexpert Rising Stars 2014, interview with Éric Thibaudeau - 2014

Distinctions

  • The Best Lawyers in Canada since 2019
  • The Canadian Legal Lexpert® Directory since 2015
  • Lexpert® Rising Star 2014 – Leading Lawyers Under 40

Education

  • LL.B., Université de Montréal, 1997

Boards and Professional Affiliations

  • Fellow, Construction Lawyers Society of America (CLSA), since 2020
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