Marcel-Olivier
Nadeau

Title : Lawyer, Partner Year of call : 2010

Expertise : insurance law | litigation | construction law

Marcel-Olivier Nadeau joined Cain Lamarre in 2024. Before, he was a partner at another major firm. His practice focuses on civil litigation, construction law, and insurance law, and he regularly appears before Quebec courts, including the Court of Appeal.

Marcel-Olivier has been vice-president of the Quebec Bar since 2022.

In his construction law practice, he represents major companies in Saguenay–Lac-St-Jean and across Quebec, and also government organizations and municipalities. He is notably involved in several cases of contract claims.

Marcel-Olivier also focuses his work on general civil liability, professional liability, and the liability of municipalities and school boards. In this regard, he has developed cutting-edge expertise in matters of fundamental rights and freedoms, representing employers and public bodies against individual lawsuits and before the Commission des droits de la personne et des droits de la jeunesse and the Canadian Human Rights Commission. This brings him to appear before the Human Rights Tribunal and the Canadian Human Rights Tribunal.

With his bachelor's degree in actuarial science, Marcel-Olivier has a unique perspective on the insurance market. On this matter, he advises Canadian and foreign insurers on the scope of commercial general liability policy coverage (CGL). He also excels in matters of fraudulent claims (e.g., Soucy v. Intact, 2023 QCCS 3098); he handles this type of case at all its stages, from the initial analysis to the final pleading. Incidentally, he is the author and the person in charge of updating the Insurance Law section of the Law Collection, École du Barreau du Québec.

Marcel-Olivier has been appearing in the Best Lawyers in Canada directory since 2021 for his practice in insurance law.

In 2014, he took time off from his practice to complete a master's degree in comparative private law at the University of Lausanne. He took advantage of this stay in Europe to teach certain specificities of Quebec law at the University of Neuchâtel.

Expertise

  • Insurance Law (construction insurance, professional liability insurance, liability insurance, defence of the insured, interpretation and application of all types of insurance policies, statutory examination, duty to defend, insurer’s duty to defend, fraudulent claims)
  • Litigation (insurance, construction, commercial litigation, remedies of all types, extraordinary remedies, civil liability)
  • Construction Law (civil engineering, institutional)

Education

  • L.L.M., Université de Lausanne (2015) (summa cum laude honour)
  • LL.B., Université de Montréal (2009)
  • Bachelor in Actuarial Science , Université de Montréal (2006)

Professional experience

  • Cain Lamarre (since 2024)
  • Robinson Sheppard Shapiro, Montréal and Saguenay (2009-2023)

Lecturing, conferences, publications 

Conferences: 

  • “Insurance clauses in commercial leases: Quebec and Canadian case law developments” (in French), conference for the Colloque Développements récents en droit des assurances, Service de la qualité de la profession du Barreau du Québec, December 2022
  • “Discrimination remedies under the Charter of human rights and freedoms” (in French), RSS webinar offered to the legal community and the insurance industry, September 2022
  • “Subrogation and assignment of a claim: two distinct legal regimes” (in French), RSS webinar offered to the legal community and the insurance industry, April 2021
  • “Production of evidence in matters of arson” (in French), conference for the Colloque Développements récents en droit des assurances, Service de la qualité de la profession du Barreau du Québec, December 2022
  • “Case law developments in insurance law” (in French), conference given in October 2019 (Montreal) and in November 19 (Québec) for the Colloque Droit de l’assurance, 4th edition, organized by Les Éditions Yvon Blais
  • “Recent decisions in the liability of construction stakeholders and in construction insurance law” (in French), conference given for the annual RSS training on insurance, which was accredited by the Chambre de l’assurance de dommages and recognized by the Barreau du Québec and the Chambre des notaires, June 2019
  • “Recent developments in civil liability” (in French), conference given at the convention of the Association des avocats et avocates de province, recognized as a continuing education activity by the Barreau du Québec, September 2017
  • “Recent developments in civil liability” (in French), conference given on the occasion of the annual RSS training on insurance, June 2016

Publications :

  • “Insurance Law” (in French), in École du Barreau, Collection de droit 2024-2025, vol. 7
  • “Contracts, securities, publication of rights and private international law” (in French), Cowansville, Yvon Blais, 2024
  • “Recent case law in insurance law in construction” (in French), conference for the Colloque Développements récents en droit des assurances, Service de la qualité de la profession du Barreau du Québec, June 2021
  • The Wellington Application and the Right to Choose One’s Lawyer - May 6, 2021: In Pelletier c. Gauthier (Decision issued April 13, 2021 by the Honourable Jocelyn Pilote, j.c.s., C.S. – 150-17-004304-207), defendants Gauthier et Simard filed a Wellington application against Intact Compagnie d’assurance and Desjardins Assurances générales as impleaded parties, requesting only the right to select their lawyer.
  • The Supreme Court of Canada rules: the indirect victim’s right is subject to a three-year prescription - October 19, 2017: Marcel-Olivier Nadeau examines a recent decision from the Supreme Court of Canada that sheds light on the prescription applicable to an indirect victim’s right of action.

Associations, committees, boards 

Associations 

Barreau du Québec

  • Vice-president (2022-2024)
  • Director (2021-2022)
  • Management Commitee
  • Finance and audit Committee
  • Sections council
  • Working group on the North Shore Traveling Court
  • Working group on the justice system in Nunavik
  • Working group on the future of the profession


Barreau du Saguenay–Lac-Saint-Jean

  • Bâtonnier (2020–2021)
  • Treasurer (2018–2020)
  • Advisor (2017-2018)
  • Member of the Working Group on Access to Justice
  • Association of former students and friends of the Swiss Institute of Comparative Law (AiSDC)

Committees 

  • Governance and ethics committee
  • Working group on the succession shortage in regions
  • Working Group on Equity, Diversity and Inclusion
  • Working group on the purpose of section bars

Boards 

  • Director, Saguenay Blues and Jazz Festival, 2023 to date
  • Director, Cegerco Inc., 2023

Distinctions 

  • Ranked in the Best Lawyers in Canada directory, Insurance category (since 2022)
  • Summa cum laude honour, L.L.M., Université de Lausanne (2015)

Significant mandates

Civil and commercial litigation

  • Cyr v. Gagné, 2020 QCCS 3374 — Defence of individuals sued in their capacity as former school commissioners by a general director who was the victim of psychological harassment and illegal dismissal. Marcel-Olivier had the claim against them dismissed pursuant to the Act respecting industrial accidents and occupational diseases.
  • Cohen Stolovitsky v. Côte St-Luc (City of), 2013 QCCQ 2160 — Successful representation of the defendant against a personal injury claim after a fall on a sidewalk.
  • Zurich, Insurance Company of Canada and Service Louis Letarte Inc v. Beaudoin truck center inc., 2013 QCCS 1985 — Subrogatory remedy following the theft of a truck, in which Marcel-Olivier represented Zurich and its insured, a major transportation company in Drummondville. The defendant was accused of negligence in the execution of its storage contract. The submission in evidence, by Marcel-Olivier, of the confessions of an employee of the defendant was crucial, and the Court allowed the claim.
  • Missisquoi Insurance Company v. Laval (City of), 2012 QCCQ 1202 — Successful representation of the plaintiff in a subrogatory remedy following the damage to a truck in a quarry in Laval.

Civil rights

  • Bacon St-Onge v. Conseil des Innu de Pessamit, 2021 QCCA 1765, 2019 QCCS 5509 — Successful defence, at trial court and appellate court, of the Conseil des Innu de Pessamit sued for defamation and violation of a confidentiality agreement by one of its council members, following proceedings before the federal authorities on the cancellation of elections in Council

Insurance

  • Soucy v. Intact Insurance Company, 2023 QCCS 3098 - Representation of the defendant/cross-applicant following the latter's refusal to compensate its insured for the fire in his residence. Intact alleged the intentional act and the void ab initio of the policy due to a previous loss compensated but of which the intentional nature was discovered and proven during the investigation and hearing of the case. The Court ruled in favor of the insurer on all counts after eight (8) days of hearing: she recognized the various lies and deceptions of the insured and ordered him to reimburse Intact for the sums paid for the two losses.
  • Pelletier v. Gauthier, 2021 QCCS 2374 — Defence of insurers against a Wellington application seeking recognition of the right of insured defendants to choose their lawyers; request rejected, this choice being the prerogative of the insurers.
  • Després v. Aviva Canada Inc., Insurance Company of Canada, 2019 QCCS 724— Representation of defendants/cross-applicants after the dismissal of a claim for compensation for a house fire. The Court concluded that the insurance policy was void ab initio. The contradiction of the plaintiff/cross-defendant with his previous statements during his cross-examination, as well as the careful preparation of the brokers' interrogations, made the difference.
  • Corbeil v. Missisquoi Insurance Company, 2014 QCCQ 5973 — Representation of the defendant after the dismissal of a claim for compensation for vehicle theft. The Court concluded that the plaintiff had simulated this theft. The preliminary examination, the meticulous investigative work which made it possible to find the applicant's accomplice, and the close cross-examination of the latter were decisive.
  • Khazali (Succession of) v. CAPREIT (Canadian Apartment Properties Real Estate Investment Trust), 2013 QCCS 1864 — Representation of the defendant, a major real estate owner in the Montreal region. This was a claim following the collapse of an underground parking lot which caused the death of a person in their car. The claim was dismissed at the preliminary stage, the death having been considered an accident within the meaning of the Automobile Insurance Act, which prohibits any civil action if the damage is caused by an automobile. The Court of Appeal allowed the motion to dismiss the appeal (2013 QCCA 1975) and the Supreme Court of Canada dismissed the application for leave to appeal (2014 CanLII 13645). Marcel-Olivier led the case before the three authorities.

Evidence and civil procedure

  • Soucy v. Intact Insurance Company, 2021 QCCS 4838 — Successful objection to opposing party's attempt to introduce out-of-court settlement discussions into evidence. It was recognized by the Court that these discussions are privileged and cannot be used to assess the good or bad faith of a party.
  • Soucy v. Intact Insurance Company, 2021 QCCS 2328 — Despite the context that prevailed in June 2021 (COVID-19), Marcel-Olivier convinced the court to order an in-person appearance for the plaintiff, to allow a more faithful assessment of their credibility. The established criteria were subsequently taken up in other decisions.
  • Ceger inc. v. Tremblay Assurances ltée, 2017 QCCS 4251 —
  • Successfully challenged an application for an adjuster's report, in violation of litigation privilege. Marcel-Olivier also obtained that the defense allegations dealing with the content of this report be struck out.