François Tougas* 

Co-Chair, Transportation, Co-Chair, B.C., Competition
Vancouver  t: 604.691.7425  |  e: francois.tougas@mcmillan.ca

François Tougas*

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.691.7425
e: francois.tougas@mcmillan.ca

overview

François is listed in several domestic and international directories as one of the leading transportation and competition lawyers in Canada. He has been rated as AV® Preeminent™ by Martindale-Hubbell since 1996 and has been repeatedly listed in Chambers Global, Chambers Canada, LEXPERT and Best Lawyers.

He is a Band 1 rated lawyer by Chambers and Partners, who state: "François Tougas of McMillan LLP receives sterling praise for his work in the rail sector, with one interviewee hailing him as a strategic thinker who gives very good, practical advice."

François has written extensively on a variety of legal matters, and is particularly recognized for his work in competition issues in the railway industry. He has been instrumental in statutory reform in the transportation sector, has taught competition and antitrust law at Allard Hall School of Law at the University of British Columbia since 2006, transportation regulation in the MBA program at the Sauder School of Business at the University of British Columbia and is a frequent speaker in both transportation law and competition law.

Competition/Anti-trust:

  • Practices: Merger notification and compliance in Canada, Europe and the United States (and other jurisdictions), counsel in conspiracy/anti-cartel and distribution practices, representations before the Competition Bureau (Canada)
  • Industries: Transportation, shipping and distribution, railways, marine and inland terminals, trucking, forestry, mining, energy, technology


Transportation:

  • Practices: Railway and terminal rate and service negotiations, arbitration, mediation, regulatory proceedings (Canadian Transportation Agency), project management, government relations, and corporate and commercial transactions
  • Industries: Bulk shippers, short-line and regional railways, terminal, port and trans-loading facilities, trucking and marine

Representative Matters

Transportation Matters (publicly disclosed)

  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company, 2003-2004)
  • Canadian National Railway Company and Burlington Northern Santa Fe Railway Company v. Normerica Inc. (Federal Court, demurrage claims and service counterclaims, 2006)
  • Canadian National Railway Company v. Western Canadian Coal Corp. (Final offer arbitration and application for judicial review, contesting operability of final offer arbitration provisions of Canada Transportation Act, 2004-2005)
  • Canadian Pacific Railway Company v. Teck Coal Limited (defence of CP's application for leave to appeal decision of Canadian Transportation Agency to refer matter to final offer arbitration; application denied, 2009)
  • Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
  • Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company
  • Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
  • Elk Valley Coal Partnership et al. v. Canadian Pacific Railway Company (final offer arbitration and related proceedings, 2004)
  • Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
  • Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
  • Normerica Inc. v. Canadian National Railway Company and The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, level of service complaint, 2006)
  • Seaspan International v. The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, abandonment opposition, 2005)
  • Teck Corporation, Weldwood of Canada, West Fraser Timber (before the Canada Transportation Act Review Panel, Transport Canada, 2000)
  • Teck Coal Limited v Canadian Pacific Railway Company, final offer arbitration (May and June 2009)
  • Teck Coal Limited before the Cost of Capital Review, Canadian Transportation Agency (2010)
  • Teck Resources Limited and affiliates before the Federal Rail Freight Service Review, Transport Canada (2008-2013)
  • Teck Resources Limited, 10-year handling agreement with Ridley Terminals Inc. (2011)
  • Teck Resources Limited, agreement with Westshore Terminals Limited (2010) and extension (2012)
  • Teck Resources Limited, ten year agreement with Canadian Pacific Railway Company (2010)
  • TransLink (Greater Vancouver Transportation Authority) re application in support of City of Port Coquitlam's Coast Mountain Overpass over Canadian Pacific Railway Company's Coquitlam Yard (2006)
  • Weldwood of Canada, West Fraser Timber and Weyerhaeuser (legislative reviews of the Canada Transportation Act, 1999)
  • West Coast Express re negotiations with Canadian Pacific Railway Company (2005)Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company)
  • (Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forest, mineral and grain products) and passenger/commuter rail operations with Canadian National Railway, Canadian Pacific Railway, The Burlington Northern Santa Fe Railway and Union Pacific Railroad; submissions to federal legislative review panels and parliamentary committees; numerous negotiations with export, domestic and international cargo terminals

News

McMillan lawyers recognized in 2016 Chambers Global
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
Legislation to require tougher insurance for oil shipments by rail
Canadian Regulation of Cross-Border Mergers and Acquisitions in the Transportation Sector
McMillan lawyers recognized in 2015 Chambers Global
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in the 2014 Chambers Global Directory
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
McMillan hosts roundtable visit by Interim Commissioner of Competition
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
Francois Tougas discusses Peter Rozee and his nomination and recent win of the Western GC of Year in Canadian Lawyer

Education

  • University of British Columbia, LLB - 1988
  • Brigham Young University, Provo, Utah, International Relations (Department of Political Science) - 1985
  • Utah Technical College, Orem, Utah, (now Utah Valley University) - 1983

Year Of Call

  • Called to the British Columbia bar - 1989

Practices

negotiated transactions
dispute resolution
competition and antitrust
foreign investment review
mergers
government and public policy
international trade
administrative law

Industries

transportation
rail
marine

Directorships and Professional Associations

Teaching Engagements

  • Adjunct Professor, University of British Columbia, Faculty of Law, "Competition Law & Policy" (2006 – 2016) and "Topics in International Law: International Business Transactions" (1994/98)

Awards & Rankings

  • Leader in Transportation Law in Chambers Global: The World's Leading Lawyers for Business 2014 to 2016
  • Leader in Transportation - Canada in Chambers Canada 2014 to 2016
  • Leader in Competition/Antitrust Law in Best Lawyers in Canada 2011 to 2016
  • Leader in Competition Law, The Canadian Legal LEXPERT Directory 2011 to 2015
  • Leader in Transportation (Road & Rail) Law, The Canadian Legal LEXPERT Directory 2011 to 2015
  • "AV Preeminent" Peer Review Ranking, Martindale-Hubbell 1996 to 2016

Media Mentions

vcard
* Law Corporation

François is listed in several domestic and international directories as one of the leading transportation and competition lawyers in Canada. He has been rated as AV® Preeminent™ by Martindale-Hubbell since 1996 and has been repeatedly listed in Chambers Global, Chambers Canada, LEXPERT and Best Lawyers.

He is a Band 1 rated lawyer by Chambers and Partners, who state: "François Tougas of McMillan LLP receives sterling praise for his work in the rail sector, with one interviewee hailing him as a strategic thinker who gives very good, practical advice."

François has written extensively on a variety of legal matters, and is particularly recognized for his work in competition issues in the railway industry. He has been instrumental in statutory reform in the transportation sector, has taught competition and antitrust law at Allard Hall School of Law at the University of British Columbia since 2006, transportation regulation in the MBA program at the Sauder School of Business at the University of British Columbia and is a frequent speaker in both transportation law and competition law.

Competition/Anti-trust:

  • Practices: Merger notification and compliance in Canada, Europe and the United States (and other jurisdictions), counsel in conspiracy/anti-cartel and distribution practices, representations before the Competition Bureau (Canada)
  • Industries: Transportation, shipping and distribution, railways, marine and inland terminals, trucking, forestry, mining, energy, technology


Transportation:

  • Practices: Railway and terminal rate and service negotiations, arbitration, mediation, regulatory proceedings (Canadian Transportation Agency), project management, government relations, and corporate and commercial transactions
  • Industries: Bulk shippers, short-line and regional railways, terminal, port and trans-loading facilities, trucking and marine

Transportation Matters (publicly disclosed)

  • Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company, 2003-2004)
  • Canadian National Railway Company and Burlington Northern Santa Fe Railway Company v. Normerica Inc. (Federal Court, demurrage claims and service counterclaims, 2006)
  • Canadian National Railway Company v. Western Canadian Coal Corp. (Final offer arbitration and application for judicial review, contesting operability of final offer arbitration provisions of Canada Transportation Act, 2004-2005)
  • Canadian Pacific Railway Company v. Teck Coal Limited (defence of CP's application for leave to appeal decision of Canadian Transportation Agency to refer matter to final offer arbitration; application denied, 2009)
  • Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
  • Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company
  • Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
  • Elk Valley Coal Partnership et al. v. Canadian Pacific Railway Company (final offer arbitration and related proceedings, 2004)
  • Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
  • Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
  • Normerica Inc. v. Canadian National Railway Company and The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, level of service complaint, 2006)
  • Seaspan International v. The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, abandonment opposition, 2005)
  • Teck Corporation, Weldwood of Canada, West Fraser Timber (before the Canada Transportation Act Review Panel, Transport Canada, 2000)
  • Teck Coal Limited v Canadian Pacific Railway Company, final offer arbitration (May and June 2009)
  • Teck Coal Limited before the Cost of Capital Review, Canadian Transportation Agency (2010)
  • Teck Resources Limited and affiliates before the Federal Rail Freight Service Review, Transport Canada (2008-2013)
  • Teck Resources Limited, 10-year handling agreement with Ridley Terminals Inc. (2011)
  • Teck Resources Limited, agreement with Westshore Terminals Limited (2010) and extension (2012)
  • Teck Resources Limited, ten year agreement with Canadian Pacific Railway Company (2010)
  • TransLink (Greater Vancouver Transportation Authority) re application in support of City of Port Coquitlam's Coast Mountain Overpass over Canadian Pacific Railway Company's Coquitlam Yard (2006)
  • Weldwood of Canada, West Fraser Timber and Weyerhaeuser (legislative reviews of the Canada Transportation Act, 1999)
  • West Coast Express re negotiations with Canadian Pacific Railway Company (2005)Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company)
  • (Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forest, mineral and grain products) and passenger/commuter rail operations with Canadian National Railway, Canadian Pacific Railway, The Burlington Northern Santa Fe Railway and Union Pacific Railroad; submissions to federal legislative review panels and parliamentary committees; numerous negotiations with export, domestic and international cargo terminals