Jean-Sébastien Desroches Partner, Lawyer

Jean-Sébastien Desroches Partner, Lawyer

Profile

Partner

Jean-Sébastien Desroches practices business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He was the firm’s practice leader for the Business Law Group up to 2018. 

He has had the opportunity to steer several major transactions, complex legal operations, cross-border transactions, reorganizations, and investments in Canada and at an international level on behalf of Canadian, American and European clients, international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial and renewable energy sectors.

Jean-Sébastien represents entrepreneurs, institutions and investors in the context of developing and implementing commercial projects, international expansion as well as partnerships (joint ventures). He also advises clients on matters related to venture capital, long-term investments and business transfers.

Jean-Sébastien is also interested in artificial intelligence (AI) projects and their legal ramifications, especially regarding the various branches and applications of artificial intelligence in businesses and industries. He created the Lavery Legal Lab on Artificial Intelligence (L3AI) to analyze and monitor recent and anticipated developments in this field from a legal perspective.

Representive mandates 

  • Represents a major international company in the acquisition of renewable energy projects and assets
  • Represents a major energy company in the establishment of a partnership for the development of renewable energy assets and projects
  • Set up of an investment fund (real estate, infrastructure and sustainable investment]
  • Represents CDPQ with its investment in Beyond Technologies
  • Represents Devencore Corporate with the sale of its business to Avison Young
  • Represents CDPQ with its investment in Savaria Corporation
  • Represents financial holding groups and investors in connection with the establishment of investment programs in the context of the COVID-19 crisis
  • Represents an energy company in connection with the establishment of a joint venture in the field of artificial intelligence
  • Represents institutional and private investors in connection with the establishment of investment funds in the infrastructure, transportation and energy sectors
  • Represents the Caisse de dépôt et placement du Québec in connection with an investment in Top Aces Inc.
  • Represents Neuvoo.ca in connection with an equity investment of $53M by an institutional investor
  • Represents MTY Food Group Inc. in connection with the acquisition of the Yuzu Sushi Canadian franchise network
  • Represents CDPQ Infra Inc. and its affiliates in the development of the Réseau express métropolitain (REM), one of the largest automated transportation systems in the world covering 67 km with 26 stations, on the real estate, transactional and regulatory aspects of the project
  • Represents Héroux-Devtek Inc. and its affiliates in the acquisition of Compañia Española de Sistemas Aeronáuticos (Spain), Beaver Aerospace & Defence (USA), APPH Limited (UK) and APPH Wichita (USA) (subsidiairies of BBA Aviation), and of Eagle Tools & Machine and E2 Precision Products (USA)
  • Represents Caisse de dépôt et placement du Québec in the creation of a global aircraft investment platform of $2 billion U.S., Einn Volant Aircraft Leasing (EVAL), in collaboration with GE Capital Aviation Services (GECAS)
  • Represents Germany-based GFT Technologies SE in the acquisition of V-NEO Inc.
  • Represents Caisse de dépôt et placement du Québec with its investments and private placements in Stornoway Diamonds Corporation
  • Represents Owl's Head Resort and Fred Korman for the sale of the Owl's Head Resort to a group of investors
  • Represents Caisse de dépôt et placement du Québec with respect to private placements and equity investments in WSP Global Inc.
  • Quebec special advisor for BD White Birch Investment LLC (Black Diamond) in the acquisition of the assets of White Birch Paper Company in a reorganization context
  • Represents Total S.A. in the acquisition of assets from Ultramar Inc. and Tribospec Inc.
  • Represents Freestone International L.L.C. and GNL Québec Inc. in the implementation of an investment structure and financing rounds aimed at the development of a $7 billion U.S. project to establish a liquefied natural gas (LNG) terminal at the Port of Saguenay
  • Represents Lallemand Inc. and its affiliates in the implementation of a cooperation agreement with BrettYoung Seeds Limited, the acquisition of an organic products portfolio, and the acquisition of Harmonium International Inc.
  • Represents Caisse de dépôt et placement du Québec in its investments in Groupe Marcelle Inc. (acquisition of Lise Watier Cosmétiques Inc.)
  • Represents Hutchinson S.A. in the acquisition of Marquez Transtech Ltd.
  • Legal counsel to GDI Integrated Facility Services Inc. in a reorganization by way of a plan of arrangement, the listing of the company’s securities on the Toronto Stock Exchange and the prospectus distribution of subordinate voting shares for $161 million
  • Represents Caisse de dépôt et placement du Québec in investments in Fix Auto Inc.
  • Represents Stornoway Diamonds Inc. in setting up its Plan Nord infrastructure project and partnership with the Québec government for the construction and maintenance of the Route 167 Extension to the Otish Mountains
  • Represents CDP Investments Inc. and Caisse de dépôt et placement du Québec in connection with the sale of equity stakes in ACH Limited Partnership and Abitibi-Consolidated Hydro Inc. 
  • Represents Trencap L.P. in the acquisition of equity interests held by GDF Suez in Noverco Inc. (Gaz Métro)
  • Represents Société de transport de l'Outaouais in the acquisition and implementation of the Rapibus infrastructure network
  • Represents Confab Laboratories Inc. in connection with transactions with Roundtable Healthcare Partners L.P. and DPT Laboratories Ltd. (USA)
  • Represents Industrial Alliance in the acquisition of National Warranties MRWV Limited
  • Represents UAP Inc. in the acquisition of Uni-Select Inc.'s Palmar Division
  • Represents the Quebec Railway Corporation Inc. in multi-party transactions for the sale of businesses involving Canadian National Railway Inc., Groupe Le Massif Inc., and Logistec Corporation
  • Represents V Interactions Inc. in the acquisition of Groupe TQS and television networks
  • Represents a major Canadian engineering firm regarding the implementation of private-public partnerships in Canada for the construction, management, and maintenance of hydroelectric power plants
  • Represents Zimmer Holdings Inc. in the acquisition of ORTHOsoft Inc. by way of a takeover bid
  • Represents Activision Inc. with respect to the acquisition of Beenox Inc.
  • Represents Sabex Inc. with respect to its acquisition by Sandoz Canada Inc. 

Publications

Conferences

  • Corporate law course: Association de planification fiscale et financière (APFF)
  • "Five Common Mistakes in International Joint Ventures": International Bar Association (North American Regional Forum News)
  • “The Supreme Court of Canada Renders a Decision on Restrictive Covenants Contained in an Asset Sale Agreement”: In Fact and in Law Express
  • “Strategic Partnerships and Joint Ventures”: presentation given to the Chief Executive Officers Alliance (Quebec)
  • “M&A Trends for 2013 in Canada”: International Bar Association (North American Regional Forum News)
  • “Financing Growth through Strategic International Joint Ventures”: Training sessions, Chamber of Commerce of Metropolitan Montreal
  • “Negotiating Letters of Intention and Letters of Offer”: numerous presentations given to the professional orders of accountants, Montréal divisions
  • “Negotiating Agreements with International Corporations”: Conference Insight Institute
  • “The Private and Public Call for Tenders Process”: Lavery Conferences
  • Numerous talks on business transfers to family members
  • “Financing Growth Through Venture Capital”: Master's thesis

Distinctions

  • The Canadian Legal LEXPERT® Directory in the field of Corporate Mid-Market, since 2023
  • The Canadian Legal LEXPERT® Directory in the field of Corporate Commercial Law, Mergers & Acquisitions and Infrastructure Law, since 2021
  • The Best Lawyers in Canada in the field of Corporate Law, 2021
  • Chambers Canada in the field of Corporate Commercial Law, since 2019
  • The Best Lawyers in Canada in the field of Mergers and Acquisitions Law, since 2019
  • Named one of the “Corporate Lawyers to Watch” in the field of business law in the 2013 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada.
  • Named one of the "Top 40 Under 40" in Canada by Lexpert magazine, 2012
Rising Star ANG

Education

  • North American Common Law Courses, Université de Montréal, 2002
  • LL.M. in Business Law, Université Laval, 2000
  • Canadian Securities Course, Canadian Securities Institute
  • Derivatives Fundamentals Course, Canadian Securities Institute
  • LL.B., Université de Montréal, 1997
  • European Union Law, Université de Nice, France (UFC), 1996
  • Certificate in Political Science, Université de Montréal, 1994

Boards and Professional Affiliations

  • International Bar Association
  • American Bar Association
  • Chief Executive Officers Alliance
  1. AI: Where Do We Go From Here?

    In March 2017 – more than 3,000 days ago – Lavery established its Artificial Intelligence Legal Lab to study and, above all, anticipate developments in artificial intelligence. Quite innovative at the time, the goal of Lab was to position itself ahead of the legal complexities that artificial intelligence would bring for our clients. The number of developments in the field of AI since that date is astonishing. On May 19, 2025, Alexandre Sirois wondered in an article in La Presse[1] whether Montreal was still a leading hub for AI. He notably raised the question in the context of major AI investments made in recent years in other jurisdictions, citing, for instance, France, Germany, and Singapore. This timely question prompts reflection – have the massive research and development efforts and investments made in Quebec and Canada effectively translated into commercial advancements for the benefit of Canadian businesses, institutions, and customers? In other words, are we successfully transitioning from R&D in the field of AI to the production, commercialization, and industrialization of products and services in Canada that are highly distinctive, innovative, or competitive on the international scene? Does the legislative framework in Quebec and Canada sufficiently support technological advancements resulting from our AI investments, while also showcasing and maximizing the outcomes derived from the exceptional human talent present in our universities, research groups, institutions, and companies? As important as it is to protect privacy, personal information, data, and the public in general in the context of AI use, it is equally important to enable our entrepreneurs, start-ups, businesses, and institutions to strategically position themselves advantageously in this field – potentially the deciding factor between a prosperous society and one lagging behind others. At the other end of the spectrum, in The Technological Republic: Hard Power, Soft Belief, and the Future of the West, Alexander C. Karp and Nicholas W. Zamiska reflect on various topics involving technology, governance, and global power dynamics. They highlight concerns about the geopolitical consequences of technological complacency, notably criticizing major technology companies (mostly based in Silicon Valley) for developing AI technology with a focus on short-term gains rather than long-term innovation. They argue that these companies prioritize trivial applications, such as social media algorithms and e-commerce platforms, which serve as distractions from addressing critical societal challenges, instead of aligning with national or global human interests. From a Canadian legal perspective, this is both fascinating and thought-provoking. Amidst the swift evolution of international commercial relations, what pivotal role will Canada, and notably its innovative entrepreneurs, businesses, institutions, cutting-edge universities, and renowned groups, play in shaping our future? Can they seize their rightful place and lead the charge in the relentless march of future developments? In this context, is regulating AI from a national perspective the strategic and logical road to follow, or could an excess of regulations stifle Canadian businesses and entrepreneurs, hindering our chances in the high-stakes AI race? The head of Google’s Deepmind, Demis Hassabis, recently stated that greater international cooperation around AI regulation was needed, although this would be difficult to achieve given today’s geopolitical context[2]. Obviously, there is fierce competition on the global stage to come out on top in AI, and as in all areas or industrial revolutions where the potential for economic and social development is extraordinary, the degree of regulation and oversight can cause some countries and companies to take the lead (sometimes at the expense of the environment or human rights). Reflection on the subject, however necessary, must not lead to inaction. And proactivity with regard to artificial intelligence must not lead to negligence or carelessness.   We operate in a competitive world where the rules of engagement are far from universal. Even with the best intentions, we can unintentionally embrace technological solutions that conflict with our core values and long-term interests. Once such solutions gain a foothold, they become hard to remove. Recently, various applications have drawn attention for their data-collection practices and potential links to external entities, illustrating how swiftly popular platforms can become national debates over values, governance, and security. Even when these platforms have demonstrated links to foreign or hostile entities, they are hard to dislodge. In May 2025, after months spent pursuing a plan to convert itself into a for-profit business, OpenAI, Inc. decided to remain under the control of a non-profit organization[3]. Headquartered in California, OpenAI, Inc. aims to develop safe and beneficial artificial general intelligence (AGI), which it defines as “highly autonomous systems that outperform humans at most economically valuable work[4].” This decision followed a series of criticisms and legal challenges accusing OpenAI of drifting from its original mission of developing AI for the benefit of humanity. Bill C-27, known as the Digital Charter Implementation Act, 2022, was a legislative proposal in Canada aiming to overhaul federal privacy laws and introduce regulations for artificial intelligence (AI). It encompassed three primary components, including the Artificial Intelligence and Data Act (AIDA), intended to regulate the development and deployment of high-impact AI systems. This Act[5] would have required organizations to implement measures to identify, assess, and mitigate risks associated with AI, including potential harms and biases. It also proposed the establishment of an AI and Data Commissioner to support enforcement and outlined criminal penalties for the misuse of AI technologies. In addition, the Act would have established prohibitions related to the possession or use of personal information obtained illegally for designing, developing, using, or making available an AI system, as well as prohibitions against making available an AI system whose use causes serious harm to individuals. The failure to enact Bill C-27 left Canada’s federal privacy laws and AI regulations unchanged, maintaining the status quo established under PIPEDA and other general rules of civil and common law, as well as the Canadian Charter of Rights and Freedoms. This outcome has implications for Canada’s alignment with international privacy standards and its approach to AI governance. Stakeholders have expressed concerns about the adequacy of existing laws in addressing contemporary digital challenges and the potential impact on Canada’s global standing in data protection and AI innovation. In the current international context, advancements in artificial intelligence are set to be widespread in fields such as the military, healthcare, finance, aerospace, resource utilization, and, of course, law and justice. So, with AI, what direction do we take from here? We have the choice between deciding for ourselves – by strategically aligning our investments, R&D, and the efforts of our entrepreneurs – or allowing technological advancements, largely driven abroad, to determine our path forward.   [1] On a posé la question pour vous | Montréal est-il encore une plaque tournante en IA ? | La Presse [2] Google Deepmind CEO Says Global AI Cooperation 'Difficult' - Barron's [3] OpenAI reverses course and says its nonprofit will continue to control its business | Financial Post [4] The OpenAI Drama: What Is AGI And Why Should You Care? [5] The Artificial Intelligence and Data Act (AIDA) – Companion document

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  2. Artificial intelligence in business: managing the risks and reaping the benefits?

    At a time when some are demanding that artificial intelligence (AI) research and advanced systems development be temporarily suspended and others want to close Pandora’s box, it is appropriate to ask what effect chat technology (ChatGPT, Bard and others) will have on businesses and workplaces. Some companies support its use, others prohibit it, but many have yet to take a stand. We believe that all companies should adopt a clear position and guide their employees in the use of such technology. Before deciding what position to take, a company must be aware of the various legal issues involved in using this type of artificial intelligence. Should a company decide to allow its use, it must be able to provide a clear framework for it, and, more importantly, for the ensuing results and applications. Clearly, such technological tools have both significant advantages likely to cause a stir—consider, for example, how quickly chatbots can provide information that is both surprising and interesting—and the undeniable risks associated with the advances that may arise from them. This article outlines some of the risks that companies and their clients, employees and partners face in the very short term should they use these tools. Potential for error and liability The media has extensively reported on the shortcomings and inaccuracies of text-generating chatbots. There is even talk of “hallucinations” in certain cases where the chatbot invents a reality that doesn’t exist. This comes as no surprise. The technology feeds off the Internet, which is full of misinformation and inaccuracies, yet chatbots are expected to “create” new content. They lack, for the time being at least, the necessary parameters to utilize this “creativity” appropriately. It is easy to imagine scenarios in which an employee would use such technology to create content that their employer would then use for commercial purposes. This poses a clear risk for the company if appropriate control measures are not implemented. Such content could be inaccurate in a way that misleads the company’s clients. The risk would be particularly significant if the content generated in this way were disseminated by being posted on the company’s website or used in an advertising campaign, for example. In such a case, the company could be liable for the harm caused by its employee, who relied on technology that is known to be faulty. The reliability of these tools, especially when used without proper guidance, is still one of the most troubling issues. Defamation Suppose that such misinformation concerns a well-known individual or rival company. From a legal standpoint, a company disseminating such content without putting parameters in place to ensure that proper verifications are made could be sued for defamation or misleading advertising. Thus, adopting measures to ensure that any content derived from this technology is thoroughly validated before any commercial use is a must. Many authors have suggested that the results generated by such AI tools should be used as aids to facilitate analysis and decision-making rather than to produce final results or output. Companies will likely adopt these tools and benefit from them—for competitive purposes, in particular—faster than good practices and regulations are implemented to govern them. Intellectual property issues The new chatbots have been developed as extensions to web search engines such as Google and Bing. Content generated by chatbots may be based on existing copyrighted web content, and may even reproduce substantial portions of it. This could lead to copyright infringement. Where users limit their use to internal research, the risk is limited as the law provides for a fair dealing exception in such cases. Infringement of copyright may occur if the intention is to distribute the content for commercial purposes. The risk is especially real where chatbots generate content on a specific topic for which there are few references online. Another point that remains unclear is who will own the rights to the answers and results of such a tool, especially if such answers and results are adapted or modified in various ways before they are ultimately used. Confidentiality and privacy issues The terms and conditions of use for most chatbots do not appear to provide for confidential use. As such, trade secrets and confidential information should never be disclosed to such tools. Furthermore, these technologies were not designed to receive or protect personal information in accordance with applicable laws and regulations in the jurisdictions where they may be used. Typically, the owners of these products assume no liability in this regard. Other issues There are a few other important issues worth considering among those that can now be foreseen. Firstly, the possible discriminatory biases that some attribute to artificial intelligence tools, combined with the lack of regulation of these tools, may have significant consequences for various segments of the population. Secondly, the many ethical issues associated with artificial intelligence applications that will be developed in the medical, legal and political sectors, among others, must not be overlooked. The stakes are even higher when these same applications are used in jurisdictions with different laws, customs and economic, political and social cultures. Lastly, the risk for conflict must also be taken into consideration. Whether the conflict is between groups with different values, between organizations with different goals or even between nations, it is unclear whether (and how) advances in artificial intelligence will help to resolve or mitigate such conflicts, or instead exacerbate them.   Conclusion Chat technologies have great potential, but also raises serious legal issues. In the short term, it seems unlikely that these tools could actually replace human judgment, which is in and of itself imperfect. That being said, just as the industrial revolution did two centuries ago, the advent of these technologies will lead to significant and rapid changes in businesses. Putting policies in place now to govern the use of this type of technology in your company is key. Moreover, if your company intends to integrate such technology into its business, we recommend a careful study of the terms and conditions of use to ensure that they align with your company’s project and the objectives it seeks to achieve with it.

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  3. Artificial intelligence and its legal challenges

    Is there a greater challenge than to write a legal article on an emerging technology that does not exist yet in its absolute form? Artificial intelligence, through a broad spectrum of branches and applications, will impact corporate and business integrity, corporate governance, distribution of financial products and services, intellectual property rights, privacy and data protection, employment, civil and contractual liability, and a significant number of other legal fields. What is artificial intelligence? Artificial intelligence is “the science and engineering of making intelligence machines, especially intelligent computer programs”.1 Essentially, artificial intelligence technologies aim to allow machines to mimic “cognitive” functions of humans, such as learning and problem solving, in order for them to conduct tasks that are normally performed by humans. In practice, the functions of artificial intelligence are achieved by accessing and analyzing massive data (also known as “big data”) via certain algorithms. As set forth in a report published by McKinsey & Company in 2013 on disruptive technologies, “[i]mportant technologies can come in any field or emerge from any scientific discipline, but they share four characteristics: high rate of technological change, broad potential scope of impact, large economic value that could be affected, and substantial potential for disruptive economic impact”.2 Despite the interesting debate over the impact of artificial intelligence on humanity,3 the development of artificial intelligence has been on an accelerated path in recent years and we witnessed some major breakthroughs. In March 2016, Google’s computer program AlphaGo beat a world champion Go player, Lee Sedol, by 4 to 1 in the ancient Chinese board game. The breakthroughs reignited the world’s interest in artificial intelligence. Technology giants like Google and Microsoft, to name a few, have increased their investments in the research and development of artificial intelligence. This article will discuss some of the applications of artificial intelligence from a legal perspective and certain areas of law that will need to adapt - or be adapted - to the complex challenges brought by current and new developments in artificial intelligence. Legal challenges Artificial intelligence and its potential impacts have been compared to those of the Industrial Revolution, a form of transition to new manufacturing processes using new systems and innovative applications and machines. Health care L’intelligence artificielle est certes promise à un bel avenir dans le Artificial intelligence certainly has a great future in the health care industry. Applications of artificial intelligence with abilities to analyze massive data can make such applications a powerful tool to predict drug performance and help patients find the right drug or dosage that matches with their situation. For example, IBM’s Watson Health program “is able to understand and extract key information by looking through millions of pages of scientific medical literature and then visualize relationships between drugs and other potential diseases”.4 Some features of artificial intelligence can also help to verify if the patient has taken his or her pills through an application on smartphones, which captures and analyzes evidence of medication ingestion. In addition to privacy and data protection concerns, the potential legal challenges faced by artificial intelligence applications in the health care industry will include civil and contractual liabilities. If a patient follows the recommendation made by an artificial intelligence system and it turns out to be the wrong recommendation, who will be held responsible? It also raises legitimate complex legal questions, combined with technological concerns, as to the reliability of artificial intelligence programs and software and how employees will deal with such applications in their day-to-day tasks. Customer services A number of computer programs have been created to make conversation with people via audio or text messages. Companies use such programs for their customer services or for entertainment purposes, for example in messaging platforms like Facebook, Messenger and Snapchat. Although such programs are not necessarily pure applications of artificial intelligence, some of their features, actual or in development, could be considered as artificial intelligence. When such computer programs are used to enter into formal contracts (e.g., placing orders, confirming consent, etc.), it is important to make sure the applicable terms and conditions are communicated to the individual at the end of the line or that a proper disclaimer is duly disclosed. Contract enforcement questions will inevitably be raised as a result of the use of such programs and systems. Financial industry and fintech In recent years, many research and development activities have been carried out in the robotic, computer and tech fields in relation to financial services and the fintech industry. The applications of artificial intelligence in the financial industry will vary from a broad spectrum of branches and programs, including analyzing customers’ investing behaviours or analyzing big data to improve investment strategies and the use of derivatives. Legal challenges associated with artificial intelligence’s applications in the financial industry could be related, for example, to the consequences of malfunctioning algorithms. The constant relationship between human interventions and artificial intelligence systems, for example, in a stock trading platform, will have to be carefully set up to avoid, or at least confine, certain legal risks. Autonomous vehicles Autonomous vehicles are also known as “self-driving cars”, although the vehicles currently permitted to be on public roads are not completely autonomous. In June 2011, the state of Nevada became the first jurisdiction in the world to allow autonomous vehicles to operate on public roads. According to Nevada law, an autonomous vehicle is a motor vehicle that is “enabled with artificial intelligence and technology that allows the vehicle to carry out all the mechanical operations of driving without the active control or continuous monitoring of a natural person”.5 Canada has not adopted any law to legalize autonomous cars yet. Among the significant legal challenges facing autonomous cars, we note the issues of liability and insurance. When a car drives itself and an accident happens, who should be responsible? (For additional discussion of this subject under Québec law, refer to the Need to Know newsletter, “Autonomous vehicles in Québec: unanswered questions” by Léonie Gagné and Élizabeth Martin-Chartrand.) We also note that interesting arguments will be raised respecting autonomous cars carrying on commercial activities in the transportation industry such as shipping and delivery of commercial goods. Liability regimes The fundamental nature of artificial intelligence technology is itself a challenge to contractual and extra-contractual liabilities. When a machine makes or pretends to make autonomous decisions based on the available data provided by its users and additional data autonomously acquired from its own environment and applications, its performance and the end-results could be unpredictable. In this context, Book Five of the Civil Code of Québec (CCQ) on obligations brings highly interesting and challenging legal questions in view of anticipated artificial intelligence developments: Article 1457 of the CCQ states that: Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is liable for any injury he causes to another by such fault and is bound to make reparation for the injury, whether it be bodily, moral or material in nature. He is also bound, in certain cases, to make reparation for injury caused to another by the act, omission or fault of another person or by the act of things in his custody. Article 1458 of the CCQ further provides that: Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is bound to make reparation for the injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them. Article 1465 of the CCQ states that: The custodian of a thing is bound to make reparation for injury resulting from the autonomous act of the thing, unless he proves that he is not at fault. The issues of foreseeable damages or direct damages, depending on the liability regime, and of the “autonomous act of the thing” will inescapably raise interesting debates in the context of artificial intelligence applications in the near future. In which circumstances the makers or suppliers of artificial intelligence applications, the end-users and the other parties benefiting from such applications could be held liable – or not – in connection with the results produced by artificial intelligence applications and the use of such results? Here again, the link between human interventions - or the absence of human interventions - with artificial intelligence systems in the global chain of services, products and outcomes provided to a person will play an important role in the determination of such liability. Among the questions that remain unanswered, could autonomous systems using artificial intelligence applications be “personally” held liable at some point? And how are we going to deal with potential legal loopholes endangering the rights and obligations of all parties interacting with artificial intelligence? In January 2017, the Committee on Legal Affairs of European Union (“EU Committee”) submitted a motion to the European Parliament which calls for legislation on issues relating to the rising of robotics. In the recommendations of the EU Committee, liability law reform is raised as one of the crucial issues. It is recommended that “the future legislative instrument should provide for the application of strict liability as a rule, thus requiring only proof that damage has occurred and the establishment of a causal link between the harmful behavior of a robot and the damage suffered by an injured party”.6 The EU Committee also suggests that the European Parliament considers implementing a mandatory insurance scheme and/or a compensation fund to ensure the compensation of the victims. What is next on the artificial intelligence front? While scientists are developing artificial intelligence at a speed faster than ever in many different fields and sciences, some areas of the law may need to be adapted to deal with associated challenges. It is crucial to be aware of the legal risks and to make informed decisions when considering the development and use of artificial intelligence. Artificial intelligence will have to learn to listen, to appreciate and understand concepts and ideas, sometimes without any predefined opinions or beacons, and be trained to anticipate, just like human beings (even if some could argue that listening and understanding remain difficult tasks for humans themselves). And at some point in time, artificial intelligence developments will get their momentum when two or more artificial intelligence applications are combined to create a superior or ultimate artificial intelligence system. The big question is, who will initiate such clever combination first, humans or the artificial intelligence applications themselves? John McCarthy, What is artificial intelligence?, Stanford University. Disruptive technologies: Advances that will transform life, business, and the global economy, McKinsey Global Institute, May 2013. Alex Hern, Stephen Hawking: AI will be “either best or worst thing” for humanity, theguardian. Engene Borukhovich, How will artificial intelligence change healthcare?, World Economic Forum. Nevada Administrative Code Chapter 482A-Autonomous Vehicles, NAC 482A.010. Committee on Legal Affairs, Draft report with recommendations to the Commission on Civil Law Rules on Robotics, article 27. (2015/2103 (INL))

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  4. Artificial Intelligence and the 2017 Canadian Budget: is your business ready?

    The March 22, 2017 Budget of the Government of Canada, through its “Innovation and Skills Plan” (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and increased economic growth. The 2017 Budget proposes to provide renewed and enhanced funding of $35 million over five years, beginning in 2017–2018 to the Canadian Institute for Advanced Research (CIFAR) which connects Canadian researchers with collaborative research networks led by eminent Canadian and international researchers on topics including artificial intelligence and deep learning. These measures are in addition to a number of interesting tax measures that support the artificial intelligence sector at both the federal and provincial levels. In Canada and in Québec, the Scientific Research and Experimental Development (SR&ED) Program provides a twofold benefit: SR&ED expenses are deductible from income for tax purposes and a SR&ED investment tax credit (ITC) for SR&ED is available to reduce income tax. In some cases, the remaining ITC can be refunded. In Québec, a refundable tax credit is also available for the development of e-business, where a corporation mainly operates in the field of computer system design or that of software edition and its activities are carried out in an establishment located in Québec. This 2017 Budget aims to improve the competitive and strategic advantage of Canada in the field of artificial intelligence, and, therefore, that of Montréal, a city already enjoying an international reputation in this field. It recognises that artificial intelligence, despite the debates over ethical issues that currently stir up passions within the international community, could help generate strong economic growth, by improving the way in which we produce goods, deliver services and tackle all kinds of social challenges. The Budget also adds that artificial intelligence “opens up possibilities across many sectors, from agriculture to financial services, creating opportunities for companies of all sizes, whether technology start-ups or Canada’s largest financial institutions”. This influence of Canada on the international scene cannot be achieved without government supporting research programs and our universities contributing their expertise. This Budget is therefore a step in the right direction to ensure that all the activities related to artificial intelligence, from R&D to marketing, as well as design and distributions, remain here in Canada. The 2017 budget provides $125 million to launch a Pan-Canadian Artificial Intelligence Strategy for research and talent to promote collaboration between Canada’s main centres of expertise and reinforce Canada’s position as a leading destination for companies seeking to invest in artificial intelligence and innovation. Lavery Legal Lab on Artificial Intelligence (L3AI) We anticipate that within a few years, all companies, businesses and organizations, in every sector and industry, will use some form of artificial intelligence in their day-to-day operations to improve productivity or efficiency, ensure better quality control, conquer new markets and customers, implement new marketing strategies, as well as improve processes, automation and marketing or the profitability of operations. For this reason, Lavery created the Lavery Legal Lab on Artificial Intelligence (L3AI) to analyze and monitor recent and anticipated developments in artificial intelligence from a legal perspective. Our Lab is interested in all projects pertaining to artificial intelligence (AI) and their legal peculiarities, particularly the various branches and applications of artificial intelligence which will rapidly appear in companies and industries. The development of artificial intelligence, through a broad spectrum of branches and applications, will also have an impact on many legal sectors and practices, from intellectual property to protection of personal information, including corporate and business integrity and all fields of business law. In our following publications, the members of our Lavery Legal Lab on Artificial Intelligence (L3AI) will more specifically analyze certain applications of artificial intelligence in various sectors and industries.

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  1. Five partners named Canadian leaders in Infrastructure Law by Lexpert

    On April 30, 2025, Lexpert recognized the expertise of five of our partners in its 2025 Lexpert Special Edition:Infrastructure. Jean-Sébastien Desroches, Nicolas Gagnon, Édith Jacques, Marc-André Landry and André Vautour now rank among Canada’s leaders in supporting economic players in the infrastructure industry. Jean-Sébastien Desroches practises business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He has had the opportunity to steer several major transactions—complex legal operations, cross-border transactions, reorganizations, and investments—in Canada and at an international level on behalf of Canadian, American, and European clients and international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial, and renewable energy sectors. Nicolas Gagnon focuses his practice on construction law and suretyship. He counsels contractors, public and private sector clients, professional services firms as well as surety companies at every stage of construction projects. He advises clients on the public bidding and procurement processes and participates in the negotiation and drafting of contractual documents involving various project delivery methods, such as public-private partnership projects and design, construction, financing and maintenance contracts. In addition to advising various construction industry stakeholders on construction management and any claims that may arise, he also assists them with dispute resolution processes. Édith Jacques is a partner in the Business Law Group in Montréal. She specializes in mergers and acquisitions and commercial and international law. Édith acts as strategic business advisor for medium to large private companies. Marc-André Landry is a member of the Litigation and Conflict Resolution group and focuses his practice on commercial litigation. He frequently assists his clients in resolving their disputes through negotiation, mediation or arbitration, or before the various courts of law. Over the years, he has represented businesses in many sectors, including construction, real estate, renewable energy, conventional energy, new technologies, financial services and pharmaceuticals. André Vautour practises corporate law and commercial law, and is specifically interested in corporate governance, strategic alliances, joint ventures, investment funds, and mergers and acquisitions of private companies. He also practises technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.

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  2. Seven partners named as Canadian leaders in finance and mergers and acquisitions by Lexpert

    On April 16, 2025, Lexpert recognized the expertise of seven of our partners in its 2025 Lexpert Special Edition: Finance and M&A. Josianne Beaudry now ranks among Canada’s leaders in the area of finance and Étienne Brassard, Jean-Sébastien Desroches, Édith Jacques, Paul Martel and André Vautour are among Canada’s leading lawyers in mergers and acquisitions. Finance Josianne Beaudry is a partner and a member of the firm’s Business Law group. Josianne is primarily focused on securities law, investment funds and mining law. She also advises financial sector participants on the application of regulations relating to securities and corporate governance. Mergers and Acquisitions Étienne Brassard practises business law, more specifically corporate financing, mergers and acquisitions and corporate law. He advises local and international businesses in relation to all forms of private financing, from traditional or convertible debt to equity investments. Jean-Sébastien Desroches practises business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. Édith Jacques is a partner in our Business Law Group in Montréal. She specializes in mergers and acquisitions, commercial law and international law. Édith acts as strategic business advisor for medium to large private companies. Paul Martel is a partner in the Business Law Group. He practises primarily in the area of corporate law, focusing on corporations, not-for-profit corporations and general partnerships. He is also an expert in commercial contracts. Paul is recognized for his ability to find effective, innovative solutions to the most complex legal issues in corporate law. André Vautour practises corporate law and commercial law, and is specifically interested in corporate governance, strategic alliances, joint ventures, investment funds, and mergers and acquisitions of private companies. About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.

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  3. 33 partners from Lavery ranked in the 2025 edition of The Canadian Legal Lexpert Directory

    Lavery is proud to announce that 33 partners are ranked among the leading practitioners in Canada in their respective practice areas in the 2025 edition of The Canadian Legal Lexpert Directory. The following Lavery partners are listed in the 2025 edition of The Canadian Legal Lexpert Directory: Advertising Isabelle Jomphe Aviation Étienne Brassard Asset Securitization Brigitte M. Gauthier Class Actions Laurence Bich-Carrière Myriam Brixi Construction Law Nicolas Gagnon Marc-André Landry Corporate Commercial Law Laurence Bich-Carrière Étienne Brassard Jean-Sébastien Desroches Christian Dumoulin Édith Jacques    Alexandre Hébert Paul Martel André Vautour    Corporate Finance & Securities Josianne Beaudry          René Branchaud Corporate Mid-Market Étienne Brassard Jean-Sébastien Desroches Christian Dumoulin Alexandre Hébert Édith Jacques    André Vautour Data Privacy Raymond Doray Employment Law Simon Gagné Richard Gaudreault Marie-Josée Hétu Guy Lavoie Josiane L’Heureux Family Law Elisabeth Pinard Infrastructure Law Nicolas Gagnon Insolvency & Financial Restructuring Jean Legault      Ouassim Tadlaoui Yanick Vlasak Jonathan Warin Intellectual Property Chantal Desjardins Alain Y. Dussault Labour (Management) Benoit Brouillette Simon Gagné Richard Gaudreault Marie-Josée Hétu Guy Lavoie Litigation - Commercial Insurance Dominic Boisvert Martin Pichette Litigation - Corporate Commercial Laurence Bich-Carrière Marc-André Landry Litigation - Product Liability Laurence Bich-Carrière Myriam Brixi Mergers & Acquisitions Josianne Beaudry    Étienne Brassard       Jean-Sébastien Desroches Christian Dumoulin Edith Jacques Mining Josianne Beaudry           René Branchaud Sébastien Vézina Occupational Health & Safety Josiane L'Heureux Workers' Compensation Marie-Josée Hétu Guy Lavoie Carl Lessard   The Canadian Legal Lexpert Directory, published since 1997, is based on an extensive peer survey process. It includes profiles of leading practitioners across Canada in more than 60 practice areas and leading law firms in more than 40 practice areas. It also features articles highlighting current legal issues and recent developments of importance. Congratulations to our lawyers for these appointments, which reflect the talent and expertise of our team. About Lavery Lavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.

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  4. The Best Lawyers in Canada 2025 recognize 88 lawyers of Lavery

    Lavery is pleased to announce that 88 of its lawyers have been recognized as leaders in their respective fields of expertise by The Best Lawyers in Canada 2025. The ranking is based entirely on peer recognition and rewards the professional performance of the country's top lawyers. The following lawyers also received the Lawyer of the Year award in the 2025 edition of The Best Lawyers in Canada: Isabelle Jomphe: Intellectual Property Law Myriam Lavallée : Labour and Employment Law Consult the complete list of Lavery's lawyers and their fields of expertise: Geneviève Beaudin : Employee Benefits Law Josianne Beaudry : Mergers and Acquisitions Law / Mining Law / Securities Law Geneviève Bergeron : Intellectual Property Law Laurence Bich-Carrière : Class Action Litigation / Contruction Law / Corporate and Commercial Litigation / Product Liability Law Dominic Boivert : Insurance Law Luc R. Borduas : Corporate Law / Mergers and Acquisitions Law Daniel Bouchard : Environmental Law René Branchaud : Mining Law / Natural Resources Law / Securities Law Étienne Brassard : Equipment Finance Law / Mergers and Acquisitions Law / Project Finance Law / Real Estate Law Jules Brière : Aboriginal Law / Indigenous Practice / Administrative and Public Law / Health Care Law Myriam Brixi : Class Action Litigation / Product Liability Law Benoit Brouillette : Labour and Employment Law Marie-Claude Cantin : Construction Law / Insurance Law Brittany Carson : Labour and Employment Law André Champagne : Corporate Law / Mergers and Acquisitions Law Chantal Desjardins : Intellectual Property Law Jean-Sébastien Desroches : Corporate Law / Mergers and Acquisitions Law Raymond Doray : Administrative and Public Law / Defamation and Media Law / Privacy and Data Security Law Christian Dumoulin : Mergers and Acquisitions Law Alain Y. Dussault : Intellectual Property Law Isabelle Duval : Family Law Ali El Haskouri : Banking and Finance Law Philippe Frère : Administrative and Public Law Simon Gagné : Labour and Employment Law Nicolas Gagnon : Construction Law Richard Gaudreault : Labour and Employment Law Julie Gauvreau : Biotechnology and Life Sciences Practice / Intellectual Property Law Marc-André Godin : Commercial Leasing Law / Real Estate Law Caroline Harnois : Family Law / Family Law Mediation / Trusts and Estates Marie-Josée Hétu : Labour and Employment Law Édith Jacques : Corporate Law / Energy Law / Natural Resources Law Marie-Hélène Jolicoeur : Labour and Employment Law Isabelle Jomphe : Advertising and Marketing Law / Intellectual Property Law Nicolas Joubert : Labour and Employment Law Guillaume Laberge : Administrative and Public Law Jonathan Lacoste-Jobin : Insurance Law Awatif Lakhdar : Family Law Marc-André Landry : Alternative Dispute Resolution / Class Action Litigation / Construction Law / Corporate and Commercial Litigation / Product Liability Law Éric Lavallée : Technology Law Myriam Lavallée : Labour and Employment Law Guy Lavoie : Labour and Employment Law / Workers' Compensation Law Jean Legault : Banking and Finance Law / Insolvency and Financial Restructuring Law Carl Lessard : Labour and Employment Law / Workers' Compensation Law Josiane L'Heureux : Labour and Employment Law Hugh Mansfield : Intellectual Property Law Zeïneb Mellouli : Labour and Employment Law / Workers' Compensation Law Isabelle P. Mercure : Trusts and Estates / Tax Law Patrick A. Molinari : Health Care Law Luc Pariseau : Tax Law / Trusts and Estates Ariane Pasquier : Labour and Employment Law Hubert Pepin : Labour and Employment Law Martin Pichette : Insurance Law / Professional Malpractice Law / Corporate and Commercial Litigation Élisabeth Pinard : Family Law / Family Law Mediation François Renaud : Banking and Finance Law / Structured Finance Law Marc Rochefort : Securities Law Yves Rocheleau : Corporate Law Judith Rochette : Alternative Dispute Resolution / Insurance Law / Professional Malpractice Law Ian Rose FCIArb : Class Action Litigation / Director and Officer Liability Practice / Insurance Law Ouassim Tadlaoui : Construction Law / Insolvency and Financial Restructuring Law David Tournier : Banking and Finance Law Vincent Towner : Commercial Leasing Law André Vautour : Corporate Governance Practice / Corporate Law / Energy Law / Information Technology Law / Intellectual Property Law / Private Funds Law / Technology Law / Venture Capital Law Bruno Verdon : Corporate and Commercial Litigation Sébastien Vézina : Mergers and Acquisitions Law / Mining Law / Sports Law Yanick Vlasak :  Banking and Finance Law / Corporate and Commercial Litigation / Insolvency and Financial Restructuring Law Jonathan Warin : Insolvency and Financial Restructuring Law   We are pleased to highlight our rising stars, who also distinguished themselves in this directory in the Ones To Watch category: Romeo Aguilar Perez : Labour and Employment Law (Ones To Watch) Anne-Marie Asselin : Labour and Employment Law (Ones To Watch) Rosemarie Bhérer Bouffard : Labour and Employment Law (Ones To Watch) Marc-André Bouchard : Construction Law (Ones To Watch) Céleste Brouillard-Ross : Construction Law / Corporate and Commercial Litigation (Ones To Watch) Karl Chabot : Construction Law / Corporate and Commercial Litigation (Ones To Watch) Justine Chaput : Labour and Employment Law (Ones To Watch) Julien Ducharme : Corporate Law / Mergers and Acquisitions Law (Ones To Watch) James Duffy : Intellectual Property Law (Ones To Watch) Joseph Gualdieri : Mergers and Acquisitions Law (Ones To Watch) Katerina Kostopoulos : Corporate Law (Ones To Watch) Joël Larouche : Corporate and Commercial Litigation (Ones To Watch) Despina Mandilaras : Construction Law / Corporate and Commercial Litigation (Ones To Watch) Jean-François Maurice : Corporate Law (Ones To Watch) Jessica Parent : Labour and Employment Law (Ones To Watch) Audrey Pelletier : Tax Law (Ones To Watch) Alexandre Pinard : Labour and Employment Law (Ones To Watch) Camille Rioux : Labour and Employment Law (Ones To Watch) Sophie Roy : Insurance Law (Ones To Watch) Chantal Saint-Onge : Corporate and Commercial Litigation (Ones To Watch) Bernard Trang : Banking and Finance Law / Project Finance Law (Ones To Watch) Mylène Vallières : Mergers and Acquisitions Law / Securities Law (Ones To Watch) These recognitions are further demonstration of the expertise and quality of legal services that characterize Lavery’s professionals.  

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