Mark Phillips

Mark Phillips  

Counsel

Executive Summary

Mark Phillips is Montréal Regional Leader of our Public Law Group. Mark represents clients before the courts in proceedings of all kinds, including commercial litigation, judicial review, declaratory judgment and injunction proceedings, as well as constitutional challenges under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

Mark has pleaded before the Supreme Court of Canada, the Quebec Court of Appeal, the Superior Court, the Federal Court and many other judicial and administrative tribunals, as well as arbitral tribunals and discipline committees.

Representative Work

  • Has acted in several major cases where fundamental freedoms were at stake, notably freedom of conscience and religion, freedom of expression, freedom of association and equality rights.
  • Has acted and advised in constitutional matters involving the division of legislative powers, inter-jurisdictional immunity and unwritten constitutional principles.
  • In administration law, has argued cases involving judicial review and declarations of nullity of administrative decisions and executive orders-in-council. Has also appeared before numerous administrative tribunals in cases involving access to information and regulatory matters.
  • Has pleaded in numerous commercial, civil, disciplinary and penal cases, particularly suits involving corporate governance, personal liability of directors and officers of companies, shareholders' remedies, professional and civil liability.
  • Has acted for clients in several areas, notably education, energy, natural resources, manufacturing, telecommunications, agriculture, sports and healthcare services.
  • Has advised a foreign state on matters of public international law.

Publications & Presentations

  • Author of the most complete book on the Québec law of electronic evidence, La preuve électronique au Québec, LexisNexis Canada, 2010.
  • Author of the chapter on declaratory judgments in a volume on civil procedure.
  • Has published and spoken on various topics, notably electronic documents, expert testimony, cross-examination, professional ethics and appeals to the Supreme Court of Canada.
  • Former Editor-in-Chief of the Revue de droit de McGill/McGill Law Journal, 1992-93.