Tommy Tremblay
, CIArb, ASC PartnerTommy Tremblay’s practice encompasses every aspect of commercial litigation, with a focus on corporate governance (for example, in relation to risk management and director and officer liability), competition law, securities, and white-collar defence, including regulatory investigations and interactions with government agencies in these matters.
Tommy advises directors and officers regarding best governance practices, specifically with respect to their duties and liabilities towards various groups impacted by their decisions (e.g., shareholders, investors, customers, creditors, employees) and the obligations imposed on them by law.
Tommy assists clients at various stages, including identifying the risks their organization faces and managing those risks to prevent disputes. Clients also seek his services when complaints are made against them or when lawsuits are filed against their organization or its officers. Due to his extensive expertise in governance, Tommy regularly handles shareholder disputes, including oppression remedies, representing either the aggrieved shareholder, the corporation, the board of directors, or the controlling shareholder. These cases often revolve around loss of trust or disagreements over the decision-making process and corporate management.
Moreover, Tommy advises corporations and individuals on matters related to their obligations to prevent economic crimes and ensure compliance with competition law, securities law, or other statutory rules. He represents his clients before the courts in both penal and civil proceedings (including class actions) where they are accused of an offence or alleged to be liable for damages.
Tommy also helps develop compliance programs that make it possible for corporations to verify whether their members are acting in compliance with statutory rules and exercising due diligence in various areas, including competition law, fraud prevention, corruption and lobbying.
He frequently assists clients with investigations led by regulatory agencies and helps to set up internal investigation protocols for clients who may suspect employees or executives of having committed irregularities (non-compliance with regulatory standards, fraud, etc.). He is also called upon to act as legal advisor to various boards of directors and special committees in the context of internal or regulatory investigations and crisis management events.
Tommy also appears before various bodies, such as administrative tribunals, the Superior Court and the Court of Appeal of Québec.
- Canadian Legal Lexpert Directory – Directors and Officers Liability, 2016
- Benchmark Litigation Canada:
- Litigation Star, 2019-2024
- Local Litigation Star, 2016-2018
- Best Lawyers in Canada:
- Corporate and Commercial Litigation, 2018-2025
- Corporate Governance Practice, 2022-2025
- Directors and Officers Liability Practice, 2023-2025
Memberships
- Canadian Bar Association:
- President, Québec branch, 2020-2021 (outgoing President 2021-2022)
- Honorary Member-at-Large, Business Law Section, since 2020
- Member of the Anti-Corruption Team, since 2018
- American Bar Association, Member of the Business Law section, since 2018
- East Montréal Chamber of Commerce (CCEM):
- Member of the Board of Directors, since 2022
- Member, since 2018
Teaching engagements
- Collège des administrateurs de sociétés, Trainer, since 2012
- HEC Montréal, Executive Education, Trainer
- Continuing Education Faculty of the Université de Montréal, Lecturer of the course The Law of Civil Investigation given in the context of a new program named Certificat en enquête et renseignement [Certification – Investigation and information gathering], 2019-2020
- Contributor: “Point de vue d’un praticien sur la criminalité économique et la gouvernance d’entreprise au Québec” [A practitioner’s point of view on economic crime and corporate governance in Québec], in Gouvernance d’entreprise, conformité et criminalité économique – Approche globale et comparative, Éditions Yvon Blais, December 2018.
- Co-author: “Conflicts of Interest and Confidentiality: Directors Beware!”, June 10, 2019.
- Co-author: “Compliance Programs: A Guardrail to Keep You on the Path of Good Governance”, October 16, 2018.
- Co-author: “Governance in the Era of the #Metoo Movement: an Overdue Wake-up Call”, September 28, 2018.
- Co-author: “The Competition Bureau Weighs in on Restrictions Faced by Online Eyewear Retailers”, September 14, 2018.
- Co-author: “Cybersecurity Is Also a Question of Governance”, September 14, 2018.
- Co-author: “Directors’ Liability: Get the Means to Defend Yourself!”, August 24, 2018.
- Co-author: “Statutory Liabilities of Directors: Marking the Risk Areas to Avoid Sliding out of Control”, August 9, 2018.
- Co-author: “Beyond the Duties of Care and Loyalty … the Civil Liability of Directors”, July 24, 2018.
- Co-author: “Duties and Obligations of Directors: a Brief Overview”, July 11, 2018.
- Co-author : “Processus d’examen des transactions devant faire l’objet d’un préavis” [Review process for transactions requiring prior notice under the Competition Act], in JurisClasseur Québec, coll. « Droit des affaires », vol. « Droit de la consommation et de la concurrence », fasc. 29, LexisNexis Canada, 2014.
- Co-author: “Jurisprudence récente sur les clauses de non-concurrence en matière de contrats de travail et de conventions commerciales” [Recent Case Law on Non-Competition Covenants With Respect to Employment Contracts and Commercial Agreements], Développements récents en droit de la non-concurrence, Service de la formation continue, Barreau du Québec, Éditions Yvon Blais, vol. 377, 2013.
- Co-author: “Inscription, conférence préparatoire, assignation des témoins, marche de l’instruction, ajournement et prise de déposition” [Setting the matter down for trial, pre-trial conference, summoning witnesses, conduct of trial, adjournment and taking depositions], in JurisClasseur Québec, coll. “Droit civil”, vol. “Procédure civile”, fasc. 16, LexisNexis Canada, 2009.
- Co-speaker: Lumière sur les facteurs ESG : piliers de durabilité en entreprise [Shedding light on ESG factors: Pillars of corporate sustainability], as part of the workshop series Ensemble vers un avenir durable, Langlois Knowledge, webinar, March 14, 2024.
- Co-speaker: Les modifications à la Loi sur la concurrence [Amendments to the Competition Act], Langlois Knowledge, webinar, December 17, 2022.
- Co-speaker: Rôle des administrateurs et du conseil : délimiter leurs devoirs et responsabilités [The role of directors and the board: defining duties and responsibilities], Langlois Knowledge, webinar, September 23, 2021.
- Panelist: Fraud and Corruption: Trends During Times of Crisis, organized by the Canadian Bar Association, Business Law Section, webinar, June 2, 2020.
- Panelist: Responsabilité pénale des entreprises : gouvernance et stratégie des entreprises en regard du régime de traitement alternatif de la criminalité [The criminal liability of enterprises: corporate governance and strategy regarding the alternative treatment of economic crime], as part of the event Les rendez-vous juridiques 2018-2019, Faculty of law of Université de Montréal, Montréal, March 13, 2019.
- Speaker: Point de vue d’un praticien sur la criminalité économique et la gouvernance d’entreprise au Québec [A practitioner’s point of view on economic crime and corporate governance in Québec], as part of the Discussion forum entitled La conformité et la gouvernance dans tous leurs états, Université Laval, Québec City, February 6, 2019.
- Speaker and trainer on directors’ and officers’ liability, shareholders’ disputes, competition law, securities, as well as internal and regulatory investigations.
- Speaker for several years at the Federated Press’ annual conferences Directors’ and Officers’ Liability and Reinventing the Corporate Secretary.
- Speaker for the Canadian Bar Association – Québec Branch, together with other lawyers, in preparing annually a list of major decisions in commercial disputes.
- Trainer in competition law, internal investigation processes in cases of fraud or irregularities, and rules governing lobbying for in-house training courses for clients.
- Quoted: “Cruel and unusual punishment”, National Magazine, article by Doug Beazley, Canadian Bar Association, August 9, 2019.
- Interviewed: “The law of remediation agreements: Why it needs to be rewritten”, National Magazine, article by Doug Beazley, Canadian Bar Association, April 12, 2019.
ASC (Certified Corporate Director), Collège des administrateurs de sociétés, 2019
Fellow of the Chartered Institute of Arbitrators (CIArb), 2018
LL.B., Université Laval, 1998
B.A., Sociology, Université Laval, 1993