Éric Vallières 

Co-Chair, Aviation, Co-Chair, Québec, Competition, Dispute Resolution
Montréal  t: 514.987.5068  |  e: eric.vallieres@mcmillan.ca

Éric Vallières

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5068
e: eric.vallieres@mcmillan.ca

overview

Éric is a Montreal-based litigator and commercial lawyer specializing in sophisticated matters. He practices in multiple areas of the law; with the primary focus being in the area of competition.

Éric assists clients in numerous industries, including matters relating to aviation law (regulatory aspects as well as litigation and commercial matters), real estate (real estate brokerage industry) banking (credit cards and payment systems regulations), securities cases, and telecommunication (regulatory aspects). His vast litigation knowledge encompasses all levels of national courts, including specialized tribunals and disciplinary boards. 

As a seasoned defense class action litigator, Éric has acted as lead counsel for multiple Fortune 500 companies in a significant number of cartel and antitrust class actions, misleading advertising cases, as well as in numerous product liability matters and consumer protection cases.

Éric’s many appearances before the Supreme Court of Canada include cases in landmark involving the rights of indirect purchasers to sue in class proceedings, the rights and powers of the Canadian Competition law authorities, as well as the rights of bankrupt estates relating to the collection of sales taxes. He has also argued a significant number of international arbitration cases, including in front of ICC and UNCITRAL arbitration panels. His arbitration practice also includes appearing before industry specialized tribunals, such as the IATA Travel Agency Commissioner.

In commercial matters, Éric advises and represents clients in the application of Competition Law. He has been advising clients in connection with alleged price-fixing conspiracies, situations of potential abuses of dominance, disputed mergers as well as a multitude of compliance matters, including in connection with the launch and development of large-scale international industry solutions. 

Éric is one of Canada’s top-rated aviation lawyers.  He acts for the International Air Transport Association both in Canada and internationally and routinely advises international and local airlines, as well as other stakeholders of the aviation industry.

Quebec-based Real Estate Brokers also benefit from Éric’s counsel. More specifically, Éric has been retained by Real Estate Boards as well as the Quebec Federation, and has appeared before Parliamentary Commissions in connection with legislation reform. He has also acted for individual brokers in commercial matters, as well as before disciplinary boards.    

Éric is a frequent speaker locally and abroad in areas relating to class actions, aviation, general commercial litigation as well as in antitrust and bankruptcy matters.

Presentations

Product Liability Class Actions and Air Crashes
Le droit de la concurrence à toutes les sauces
Preemption Revisited
La réalisation des garanties et les fiducies présumées – Retour à la case départ?
Airports and Competition Law: is it the end of the world?
Forum Non Conveniens: the Canadian Experience
l'association des juristes pour l'avancement de la vie artistique
Bilan Jurisprudentiel et Commercial
La réforme de la LACC, evolution ou codification ?
Insolvabilités dans un contexte international
Enjeux, stratégies et opportunités pour les acquéreurs d'entreprises en difficulté
Perception de la TPS TVQ dans un contexte de faillite Le dernier chapitre?
A la rescousse des fonds communs!
Bilan jurisprudentiel en matière de restructuration
TPS-TVQ – Quand la simple lecture de la loi ne suffit pas
Faillite et droit civil: vers une approche asymétrique en matière de compensation?
The Canadian Insolvency System "A Brief Overview"

Publications

Aviation – New Regulations Regarding Passenger Rights in Canada
The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies
Final Report: Canada Transportation Act Review
Getting the Deal Through - Private Antitrust Litigation 2016, Canada Chapter
The Supreme Court of Canada Confirmed Today the Paramountcy of the Bankruptcy and Insolvency Act over License Denial Regimes
UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector
Still Kicking: Quebec Court Confirms the Constitutionality of the Charter of the French Language, Clarifies the Rule of "Marked Predominance" and Reiterates the Exemptions for Unregistered Trademarks
Hitting 'Em Where it Hurts: Canada Targets Russian Energy Sector in Latest Round of Economic Sanctions
Access by Private Litigants to Criminal Investigations' Wiretaps: Has the Supreme Court of Canada Opened the Floodgates?
Assigning Contracts in Canadian Insolvency Proceedings
Toronto Real Estate Board Abuse of Dominance Case Overturned on Appeal
Infineon Technologies AG v Option consommateurs: has the Supreme Court of Canada opened the door to purely speculative class action claims?
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Tribunal de-lists bureau's TREB case
All-inclusive air price advertising: new Canadian regulations impose important changes in advertising practices
Indalex: CAIRP's Submission Before the Supreme Court of Canada
La réforme du droit des cartels - deux ans plus tard
Quebec Court of Appeal decision in DRAM: even more class actions ahead in Quebec?
Cracks in the DIPs?
Canada Chapter in Getting The Deal Through - Private Litigation 2012
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
Supreme Court of Canada Judgment: Limiting Crown Claims for unremitted sales taxes in CCAA cases
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Supreme Court of Canada Denies Priority to Revenue Québec for Bankrupt's Unremitted Sales Taxes
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2010
Competition Law in Canada: Is Canada For Sale?
Perception de la TPS et de la TVQ: Qui arrêtra Revenu Québec
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Revenue Quebec succeeds with claim that bankrupt's GST belongs to Crown
Getting the Deal Through – Private Antitrust Litigation 2007

News

71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan LLP recognized in the 2019 Benchmark Litigation Canada Guide
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers recognized in US/Canada Cross-Border Guide 2018
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
33 McMillan lawyers recognized in Who's Who Legal Canada 2017
McMillan lawyers recognized in Who's Who Legal: Canada 2016
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
McMillan LLP, Haynes and Boone LLP and Guanes, Heisecke & Piera Enter into a Ground Breaking Relationship with IATA for Legal Services Across the Americas
Éric Vallières named 2015 Client Choice Award winner in aviation
Who's Who Legal: Canada 2014 recognizes 17 McMillan lawyers
Éric Vallières honoured with 2014 Client Choice Award
McMillan Honoured at Global Competition Review Awards
Who's Who Legal: Canada 2013 recognizes 21 McMillan lawyers
McMillan lawyers are well represented in the 2013 Chambers Global Directory
McMillan Lawyers are well represented in the 2012 Chambers Global Directory
Who's Who Legal: Canada 2011 recognizes 25 McMillan lawyers
McMillan Lawyers are well represented in the 2011 Chambers Global Directory

Education

  • King's College London, United Kingdom, LLM (with honours) - 1993
  • Université Laval, LLB (gold medalist) - 1991

Year Of Call

  • Called to the Québec bar - 1992

Practices

litigation
arbitration
restructuring and insolvency
competition and antitrust
cartels
construction litigation
class actions
marketing and advertising

Industries

aerospace and defence
banking, finance and insurance
media, communications and entertainment
aviation
private equity - buyouts & venture capital investment
transportation

Directorships and Professional Associations

  • Canadian Bar Association
  • Association des diplômés de l'Université Laval

Awards & Rankings

  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Competition / Antitrust Law 
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Aviation (Regulation & Liability)
  • Recognized in the 2019 Benchmark Litigation Canada Guide as a Litigation Star
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Aviation (Regulation & Liability)
  • Listed in Who’s Who Legal Canada: 2018 as a leader in Aviation
  • Ranked by Lexpert Guide (2018) as a leading US/Canada Cross-Border Lawyer in Canada
  • Selected as one of the leading aviation lawyers by Who's Who Legal: Canada 2017
  • Listed in the Canadian Legal Lexpert Directory 2017 as repeatedly recommended in the area of Competition Law
  • Selected as one of the leading aviation lawyers by Who's Who Legal: Canada 2016 
  • Listed in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Competition Law
  • Client Choice Canada 2015 – Winner for Aviation Category - In association with Lexology and the International Law Office (ILO)
  • Client Choice Canada 2014 – Winner for Aviation Category - In association with Lexology and the International Law Office (ILO)
  • Selected as one of the leading aviation lawyers in Canada by the International Who's Who - Aviation Lawyers, 2014
  • Recommended in Chambers Global 2012 for Competition/Antitrust: Litigators (Canada)
  • Listed as a litigator to watch in the 2009 and 2010 Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada
  • 2008 and 2009 Finalist at the Lexpert® Rising Stars Leading Lawyers under 40
  • Commonwealth Scholar (1992)
  • Highest grades in Commercial Law, Université Laval (1991)
  • Best Pleader and Factum of the Pierre-Basile-Migneault Moot Court Competition (1991)
  • CANPRO for the best Canadian television program in Public Affairs (1985)
vcard

Éric is a Montreal-based litigator and commercial lawyer specializing in sophisticated matters. He practices in multiple areas of the law; with the primary focus being in the area of competition.

Éric assists clients in numerous industries, including matters relating to aviation law (regulatory aspects as well as litigation and commercial matters), real estate (real estate brokerage industry) banking (credit cards and payment systems regulations), securities cases, and telecommunication (regulatory aspects). His vast litigation knowledge encompasses all levels of national courts, including specialized tribunals and disciplinary boards. 

As a seasoned defense class action litigator, Éric has acted as lead counsel for multiple Fortune 500 companies in a significant number of cartel and antitrust class actions, misleading advertising cases, as well as in numerous product liability matters and consumer protection cases.

Éric’s many appearances before the Supreme Court of Canada include cases in landmark involving the rights of indirect purchasers to sue in class proceedings, the rights and powers of the Canadian Competition law authorities, as well as the rights of bankrupt estates relating to the collection of sales taxes. He has also argued a significant number of international arbitration cases, including in front of ICC and UNCITRAL arbitration panels. His arbitration practice also includes appearing before industry specialized tribunals, such as the IATA Travel Agency Commissioner.

In commercial matters, Éric advises and represents clients in the application of Competition Law. He has been advising clients in connection with alleged price-fixing conspiracies, situations of potential abuses of dominance, disputed mergers as well as a multitude of compliance matters, including in connection with the launch and development of large-scale international industry solutions. 

Éric is one of Canada’s top-rated aviation lawyers.  He acts for the International Air Transport Association both in Canada and internationally and routinely advises international and local airlines, as well as other stakeholders of the aviation industry.

Quebec-based Real Estate Brokers also benefit from Éric’s counsel. More specifically, Éric has been retained by Real Estate Boards as well as the Quebec Federation, and has appeared before Parliamentary Commissions in connection with legislation reform. He has also acted for individual brokers in commercial matters, as well as before disciplinary boards.    

Éric is a frequent speaker locally and abroad in areas relating to class actions, aviation, general commercial litigation as well as in antitrust and bankruptcy matters.

March 2016
Final Report: Canada Transportation Act Review
Transportation Bulletin
July 2014
Assigning Contracts in Canadian Insolvency Proceedings
Restructuring and Insolvency Bulletin
June 2013
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Toronto Law Journal
April 2013
Tribunal de-lists bureau's TREB case
Competition Bulletin
Fall 2012
Indalex: CAIRP's Submission Before the Supreme Court of Canada
Rebuilding Success, Vol. 11, Issue 2
October 2012
La réforme du droit des cartels - deux ans plus tard
La Collection Blais Volume 13– Rendez-vous 2012 en droit des sociétés, Les Éditions Yvon Blais
November 2011
Cracks in the DIPs?
Rebuilding Success - CAIRP, Volume 10, Issue 2
January 2011
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
2011
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.
October 2009
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2010
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2010 (published in October 2009).
December 2007
Competition Law in Canada: Is Canada For Sale?
Consulegis Newsletter, Winter 2007-08
December 2007
Perception de la TPS et de la TVQ: Qui arrêtra Revenu Québec
Published in the Annual Review of Insolvency Law
October 2007
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Global Competition Review, October 2007
March 2007
Revenue Quebec succeeds with claim that bankrupt's GST belongs to Crown
Article : The Lawyers Weekly - March 2007
October 2006
Getting the Deal Through – Private Antitrust Litigation 2007
Global Competition Review
May 20, 2016
Product Liability Class Actions and Air Crashes
Ninth Annual Conference on Internation Aviation Law & Insurance, Edinburgh, Scotland
September 16, 2014
Aircraft Noise - A Legal Perspective
ABA Forum on Air & Space Law 2014 Annual Meeting
March 2014
Le droit de la concurrence à toutes les sauces
Colloque national sur les recours collectifs, Barreau du Québec
February 2014
Preemption Revisited
IATA Legal Symposium, San Francisco
January 2014
La réalisation des garanties et les fiducies présumées – Retour à la case départ?
Conférence sur le Financement et les sûretés, Institut Canadien
September 2013
Airports and Competition Law: is it the end of the world?
WALA Annual Meeting, Montreal
February 2011
Forum Non Conveniens: the Canadian Experience
IATA Legal Symposium, Vancouver
October 2010
l'association des juristes pour l'avancement de la vie artistique
Conférence de l'AJAVA, le 29 octobre 2010, à l'institut du Tourisme et de l'hôtellerie du Québec
May 31, 2010
Bilan Jurisprudentiel et Commercial
CAIRP Seminar on Insolvency and Commercial Restructuring
April 28, 2010
La réforme de la LACC, evolution ou codification ?
Conference on Insolvency and Commercial Restructuring, Insight, Montréal
February 2010
Insolvabilités dans un contexte international
Faillite et Insolvabilité, Montréal
April 21, 2009
Enjeux, stratégies et opportunités pour les acquéreurs d'entreprises en difficulté
Insight Conference on Insolvency and Commercial Restructuring, Hôtel InterContinental, Montréal
October 2008
Perception de la TPS TVQ dans un contexte de faillite Le dernier chapitre?
Article and Présentation: 8e conférence avancée, Insolvabilité, Restructuration, Faillite, October 17, 2008
September 2007
A la rescousse des fonds communs!
Présentation donné à la 7e conférence annuelle en faillite et en insolvabilité de l'Institut Canadien, à Montréal
August 18, 2007
Bilan jurisprudentiel en matière de restructuration
Conference given at the Canadian Association of Insolvency and Restructuring Professionals Annual Conference, Mont-Tremblant, August 18, 2007
May 2007
TPS-TVQ – Quand la simple lecture de la loi ne suffit pas
Conférence donnée au forum sur l'insolvabilité de l'Association Canadienne des professionnels de l'insolvabilité et de la réorganisation, au Centre Mont-Royal
September 2006
Faillite et droit civil: vers une approche asymétrique en matière de compensation?
Presentation: Canadian Institute – Bankruptcy and Insolvency, September 27, 2006
February 2006
The Canadian Insolvency System "A Brief Overview"
Panel discussion: IATA Legal symposium, Hong Kong