Profile
Pascale Cloutier is a litigator and Partner in the Toronto office of Miller Thomson. She provides legal services to businesses including franchisors, distributors and manufacturers. Her main field of expertise is general commercial litigation with a specialisation in franchising, competition, civil liability, manufacturing and class actions.
Over the years, Ms. Cloutier has acquired a wealth of experience pleading before the Court of Appeal of Québec, the Superior Court of Québec, and the Court of Québec, and has thus developed enhanced skills in mediation and commercial arbitration. In addition, she possesses a particular expertise in urgent proceedings, such as injunctions and safeguard orders.
Among her achievements, Ms. Cloutier has pleaded many important cases involving franchising and distribution networks. She also represents manufacturers in product liability cases and is involved in competition files, including a major class action competition file.
Ms. Cloutier’s clients appreciate her judicious and diligent advice, as well as her efforts to insure that they understand the legal process and all options available to them at the various stages of the proceedings. She takes a very pro-active approach to avoid potential litigation and guides and advises her clients accordingly.
Education
- Program in public and private international law, The Hague Academy of International Law, 1993
- LL.L., University of Ottawa, 1993
Professional Achievements
- Cross-border Litigation Lawyer to Watch in Canada, Lexpert, 2009-2010
- Leading Lawyer, Franchising, Lexpert, 2008-2009 and 2009-2010
- Who's Who Legal of Franchise Lawyers 2011
- Who's Who Legal: Canada 2011
Directorships
- Member, Board of Directors, Canadian Liver Foundation
Community Involvement
- Climbed Mount Kilimanjaro, a height of 5,895 meters (19,340 feet), in January 2007, to raise funds for liver research and education
Memberships
- The Canadian Bar Association
- The Legal and Legislative Committee of the Canadian Franchise Association
- International Franchise Association
- American Bar Association
Publications
- “Contracts of Adhesion: Consequences of a Franchise Contract Being Called a Contract of Adhesion in Quebec Civil Law” Franchise and Distribution, Volume XVI, No. 1, (2010)
- “The Canadian Franchising System”, 2009 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (November 2009)
- “Québec Class Action Certification Decision” Franchise and Distribution, Vol. XIV, No. 3 (2008)
- “Harmegnies v. Toyota Canada et al.”, Franchise and Distribution, Vol. XIII, No. 4 (2007)
- “Municipal Curbside Recycling in Québec”, Franchise and Distribution, Vol. XIII, No. 3 (2007)
- “Evolution of the Safeguard Order in Québec”, Franchise and Distribution, Vol. XIV, No. 2 (2007)
- “La responsabilité du franchiseur et du franchisé pour des produits défectueux“, FranNews (November 2006)
- “Contractual Legal Liability of Manufacturers and Distributors Under Québec Law”, Franchise and Distribution, Vol. XII, No. 3 (2006)
- “Manufacturers’ and Distributors’ Liability in Québec Law Related to Safety Defect of a Product”, Franchise and Distribution, Vol. XII, No. 2 (2005)
Key Practice Expertise
Areas of Focus
- Product Liability Litigation
- Consumer Litigation
- Class Actions
- Injunctions
Year of Call
- Québec Bar, 1995