Simon advises construction industry players both “upstream,” for example, concerning governance and integrity programs, and “downstream.” He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and has acted as both a pleader and an arbitrator.
Specializing in complex litigation, Simon has handled a large number of important cases, before both courts and arbitration tribunals. He has pleaded a number of landmark cases in the field of construction law in recent years.
Simon has published numerous articles and given many presentations in Canada, the United States and other countries in the Americas and Europe, on subjects related to the fields of litigation and construction, and he regularly serves as a trainer in workshops for younger lawyers on the art and techniques of trial advocacy.
Negotiated settlements:
- Negotiated favourable settlements for contractors, project owners, consulting engineering firms, and equipment manufacturers in several major claims relating to civil engineering projects (site preparation, roads, bridges, hydroelectric facilities), industrial projects (mines, petrochemical plants, sawmills), buildings (hospitals, stadiums, office buildings), and engineering services.
- Negotiated favourable settlements for contractors, project owners, consulting engineering firms, and equipment manufacturers in several major claims relating to civil engineering projects (site preparation, roads, bridges, hydroelectric facilities), industrial projects (mines, petrochemical plants, sawmills), buildings (hospitals, stadiums, office buildings), and engineering services.
Favourable ruling obtained in about thirty major cases in recent years, including:
- A ruling obtained from an international arbitration tribunal (Geneva) granting in full the compensation claim filed by a Canadian engineering firm against a public corporation based in Europe.
- Construction Polaris Inc. v. Hydro-Québec: The contractor, who was denied a receipt in full discharge, was awarded fair compensation for additional costs incurred with regards to a major construction site. This ruling, upheld on appeal, was one of the first to annul a release (transaction) for defect of consent resulting from economic violence.
- Couillard Construction Limitée v. Procureur général du Québec: The contractor was granted payment in full for additional work caused by soil contamination, and their client's counterclaim was dismissed in its entirety.
- Couillard Construction Limitée v. Procureur général du Québec (Ministère des Transports du Québec): The contractor was awarded compensation for damages suffered following the unlawful rejection of their bid by the Ministère des Transports.
- Successful arbitration in favour of the client owner consisting of the dismissal of a claim for additional compensation filed by a contractor and their subcontractor in connection with the rehabilitation and expansion of an airport.
- Inter-Cité Construction Ltée c. Procureur général du Québec (MTQ): secured a judgment awarding the contractor, against whom a privilege clause was invoked to justify cancelling a call for tenders, more than one million dollars in compensation to cover costs incurred when the contractor placed resources (management staff and machinery) on hold for the project in vain for the period that preceded the notice of cancellation.
- Constructions du St-Laurent c. Aluminerie Alouette: secured a judgment awarding the contractor, who was responsible for preparing an industrial site, compensation to cover additional costs resulting from changes to the contract and differing soil conditions.
- Kiewit c. Hydro-Québec: secured a judgment awarding the contractor, who was responsible for concrete formwork at a hydroelectric power plant, compensation to cover additional costs resulting from design issues, delayed handovers, delayed answers to technical questions arising from the design issues, union pressure tactics, and unreasonable application of rules governing construction quality control.
- Dawcolectric c. Hydro-Québec: secured a judgment awarding the contractor, who was responsible for mechanical and electrical refurbishment work at an operational hydroelectric power plant, compensation to cover additional costs resulting from design issues, delayed handovers, delayed answers to technical questions arising from the design issues, unreasonable application of safety measures, and interference with the contractor’s work methods.
- Secured several arbitral awards granting additional compensation for companies behind major projects, including gas pipelines and terephthalic acid plants.
- Lepage c. Aecon Group Ltée: secured a judgment dismissing a claim for additional compensation of several million dollars filed by former employees of a construction company.
- Ministre de l’Environnement c. 9007-5193 Québec Inc.: secured a court order against the Minister of the Environment compelling the government to issue a certificate of authorization permitting a landfill to continue operations.
- Planification-organisation-publications systèmes (POPS) Ltée et Elizabeth Posada c. 9054-8181 Québec inc., Philippe Chapuis et Benoît Bazoge: secured a judgment dismissing a copyright infringement lawsuit.
- Minister of National Revenue v. Greater Montréal Real Estate Board: The Federal Court of Canada annulled an ex parte order authorizing the Minister of National Revenue to force the GMREB to disclose information and documents (digital files) regarding a group of unnamed taxpayer
- Fédération canadienne d’escrime c. Pound: secured a judgment dismissing a motion to set aside an arbitral award issued by the Sport Dispute Resolution Centre of Canada.
- A ruling obtained from an international arbitration tribunal (Geneva) granting in full the compensation claim filed by a Canadian engineering firm against a public corporation based in Europe.
- Construction Polaris Inc. v. Hydro-Québec: The contractor, who was denied a receipt in full discharge, was awarded fair compensation for additional costs incurred with regards to a major construction site. This ruling, upheld on appeal, was one of the first to annul a release (transaction) for defect of consent resulting from economic violence.
- Couillard Construction Limitée v. Procureur général du Québec: The contractor was granted payment in full for additional work caused by soil contamination, and their client's counterclaim was dismissed in its entirety.
- Couillard Construction Limitée v. Procureur général du Québec (Ministère des Transports du Québec): The contractor was awarded compensation for damages suffered following the unlawful rejection of their bid by the Ministère des Transports.
- Successful arbitration in favour of the client owner consisting of the dismissal of a claim for additional compensation filed by a contractor and their subcontractor in connection with the rehabilitation and expansion of an airport.
- Inter-Cité Construction Ltée c. Procureur général du Québec (MTQ): secured a judgment awarding the contractor, against whom a privilege clause was invoked to justify cancelling a call for tenders, more than one million dollars in compensation to cover costs incurred when the contractor placed resources (management staff and machinery) on hold for the project in vain for the period that preceded the notice of cancellation.
- Constructions du St-Laurent c. Aluminerie Alouette: secured a judgment awarding the contractor, who was responsible for preparing an industrial site, compensation to cover additional costs resulting from changes to the contract and differing soil conditions.
- Kiewit c. Hydro-Québec: secured a judgment awarding the contractor, who was responsible for concrete formwork at a hydroelectric power plant, compensation to cover additional costs resulting from design issues, delayed handovers, delayed answers to technical questions arising from the design issues, union pressure tactics, and unreasonable application of rules governing construction quality control.
- Dawcolectric c. Hydro-Québec: secured a judgment awarding the contractor, who was responsible for mechanical and electrical refurbishment work at an operational hydroelectric power plant, compensation to cover additional costs resulting from design issues, delayed handovers, delayed answers to technical questions arising from the design issues, unreasonable application of safety measures, and interference with the contractor’s work methods.
- Secured several arbitral awards granting additional compensation for companies behind major projects, including gas pipelines and terephthalic acid plants.
- Lepage c. Aecon Group Ltée: secured a judgment dismissing a claim for additional compensation of several million dollars filed by former employees of a construction company.
- Ministre de l’Environnement c. 9007-5193 Québec Inc.: secured a court order against the Minister of the Environment compelling the government to issue a certificate of authorization permitting a landfill to continue operations.
- Planification-organisation-publications systèmes (POPS) Ltée et Elizabeth Posada c. 9054-8181 Québec inc., Philippe Chapuis et Benoît Bazoge: secured a judgment dismissing a copyright infringement lawsuit.
- Minister of National Revenue v. Greater Montréal Real Estate Board: The Federal Court of Canada annulled an ex parte order authorizing the Minister of National Revenue to force the GMREB to disclose information and documents (digital files) regarding a group of unnamed taxpayer
- Fédération canadienne d’escrime c. Pound: secured a judgment dismissing a motion to set aside an arbitral award issued by the Sport Dispute Resolution Centre of Canada.
