Senior Lawyer, Litigation
René R. Gauthier
- QC
René R. Gauthier leads litigation at Lazarus Legal. In about 40 years before the Court of Quebec, the Superior Court and the Court of Appeal, he has built a record of reported decisions in estates, shareholder oppression, banking, employment and private international law, several of them cited by other Canadian courts.
- Commercial litigation
- Shareholder disputes
- Dismissal
- Estate litigation
- Insurance & liability
Why clients choose René
23 reported decisions
The firm’s client work lists 23 reported decisions in his files, each with a favourable outcome for his client.
Trial-tested
He is known for his cross-examination. In Succession de Moore he obtained the annulment of a will after a three-week trial.
All levels of Quebec courts
He appears before the Court of Quebec, the Superior Court and the Court of Appeal, in French and English.
Breadth across disputes
Estates, shareholder oppression, banking, construction, employment, bankruptcy and the recognition of foreign judgments.
Selected reported decisions
- Succession de Moore — 2024 QCCS 1211 — Contestation of the will of Richard W. (Dickie) Moore on grounds including incapacity and undue influence; the claim to annul the will was granted after a three-week trial.
- Moore c. Moore — 2021 QCCS 11 — Oppression and shareholder remedies.
- Cuscuna c. Ferrarelli — 2017 QCCS 2475 — Shareholder oppression remedy and forced buyout.
- Greenberg c. Gruber — 2004 CanLII 14882 (QC CA) — Oppression remedy and extinctive prescription, before the Court of Appeal.
- Toitures Trois Étoiles inc. c. Association sportive et communautaire du Centre-Sud inc. — 2015 QCCA 1850 — A subcontractor’s claim against the general contractor’s client was dismissed at a preliminary stage.
- Industries Désormeau inc. c. Désormeau — 2008 QCCA 1880 — Constructive dismissal and severance damages.
- Banque Royale du Canada c. 9096-3406 Québec inc. — 2006 QCCS 5127 — Personal liability of a shareholder and director for a company’s bank debt.
- Gameday Leadership Management Consultant Inc. c. Emirates Canadian Sport Development Inc. — 2012 QCCS 4467 — Jurisdiction of Quebec courts over foreign defendants.
- LVH Corp. (Las Vegas Hilton) c. Lalonde — 2003 CanLII 27646 (QC CS) — Recognition in Quebec of a foreign judgment.
- Francoeur c. Belzil — 2004 CanLII 76585 (QC CA) — Annulment of a claim for percentage-based legal fees.
Decisions are publicly available on CanLII. Past results do not guarantee future outcomes.
Practice areas
What types of matters does René Gauthier handle?
Civil and commercial litigation in Quebec, for businesses, shareholders, employees and estates.
Shareholder disputes and oppression
Deadlocks, exclusion of shareholders and oppression remedies.
Commercial contracts
Disputes over sales, commercial leases and partnerships.
Wrongful and constructive dismissal
Claims and defences arising from the end of employment.
Estates and contested wills
Challenges to wills and disputes between heirs and liquidators.
Bankruptcy and banking law
Insolvency proceedings and disputes involving lenders and guarantees.
Liability and insurance
Civil liability claims and coverage disputes with insurers.
Professional biography
Professional experience
René has been a member of the Quebec Bar since 1984. Several of his published judgments are regarded as key Quebec jurisprudence. His files cover commercial contracts, including sales, commercial leases and partnerships, as well as shareholder and oppression disputes, bankruptcy, employment dismissals, estates and contested wills, banking law, and liability and insurance.
Working method
René is known for his cross-examination skills. He takes each matter from the initial assessment through to trial, with a frank view of the strengths, the risks and the cost of each step.
Bar admissions: Barreau du Québec (called 1984) · Service languages: French · English
Experience at a glance
For general information only. The outcome of any matter depends on its facts, and past results do not guarantee future results.
Frequently asked questions
Questions clients ask before a consultation
General information only. The answer for your situation depends on its facts.
What is the oppression remedy?
It allows a shareholder, director or other interested person to ask the court for relief when a corporation's conduct is oppressive, unfairly prejudicial or unfairly disregards their interests. It is available under the Canada Business Corporations Act and Quebec's Business Corporations Act.
I was dismissed without good cause in Quebec. What are my options?
Depending on the facts, you may claim reasonable notice under the Civil Code, or, if you have two years of uninterrupted service, file a complaint under the Act respecting labour standards within 45 days of the dismissal. The deadline is short, so act quickly.
How long do I have to sue on a contract in Quebec?
In most cases, three years from the day the right of action arises. Some situations have shorter deadlines or require prior notice, so it is best to have a file reviewed early.
What should I prepare for the first consultation?
A short summary of the matter, the key dates and any documents you already have, such as contracts, correspondence or notices. Confidential documents can follow once our conflict check is complete.
Discuss your dispute
Tell us what happened, the key dates and the amounts involved. We will reply within one business day.
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