Francis Arnaud Marcotte
Bar Admission 2016
Law degree, Université de Montréal (LLB)
DESS in Business Law, Université de Montréal
Master’s Degree in Business Law, Université de Montréal
Chinese Law Certificate, Chinese University of Political Science and Law (Beijing)
A Montreal lawyer, Francis works in commercial and civil litigation as well as real estate law.
He makes several representations before the courts, particularly in the context of injunctive proceedings, in addition to acting generally, both in defense and in demand, in litigation matters involving civil, commercial and real estate issues. He represents important players in the real estate industry as well as small real estate owners.
Francis is also a member of the Young Bar Association of Montreal and the Association of Law Graduates of the University of Montreal.
His rigor, professionalism and pragmatism make him a valued lawyer for his clients.
- Banking Litigation
- Civil Litigation
- Class Actions
- Commercial Litigation
- Construction Law
- Debt Collection
- Hypothecary Recourse
- Latent Defects
- Real-Estate/Leasing Litigation
- Shareholder Disputes
In the course of my practice, I have successfully represented a leading real estate company in Quebec, as well as its President, in connection with "Norwich" type orders. I also represented a shopping centre owner in a commercial non-competition clause challenge against one of the largest food retailers in Quebec. Finally, I have on various occasions represented major property managers in injunctive proceedings in commercial lease matters.
Publications and Conferences
- The Validity and Contestation of Arbitration Clauses in Contracts of Adhesion: Some Order for the Public - Masters Supervised Work, 2018
- Challenging the Validity of Arbitration Clauses in Contracts of Adhesion: Presentation on the Notions and Analysis of their Difficult Coexistence - conference, 2018
I am a member of the Fondation Gouverneurs de la relève du Barreau du Québec. I am also a member of the Association des diplômés en droit de l'Université de Montréal since 2019 and of the Jeune Barreau de Montréal since 2016.
Technology, Intellectual Property and Communications
Requests for expedited examination of trademark applications: rights at risk and impact of COVID-19
The current average delay of the Canadian Intellectual Property Office ("CIPO") between the date of filing of a trademark application and its examination is 30 months.
Immigration and International Mobility
Business Travel and COVID-19 Restrictions
For well over a year, businesses have been grappling with the effects of COVID-19 including the various travel restrictions imposed by provincial, federal, and foreign governments.
Canada-UK Continuity Agreement: A First Step Towards the Future
It's done, the Brexit has happened.
Contact Francis Arnaud Marcotte