Expertise

The attorneys at Mitchell Gattuso practice mainly in the following areas of law:

The Mitchell Gattuso team has several highly qualified business law advisors with specialized skills and experience to effectively counsel entrepreneurs at all stages of structuring their business.

We offer a wide variety of services in business law, including incorporations, the organisation and structuring of companies, updating minute books and corporate registries and filing all necessary government forms, financing private companies, establishing joint ventures, creating partnerships and trusts, financing projects, mergers and acquisitions, reorganisations of enterprises, franchising, negotiating and drafting commercial leases, negotiating and drafting shareholder agreements, finding appropriate business names and addressing issues of tax law.

Our tax attorneys can advise you on your corporate and fiscal reorganisation, as well as the creation of various types of trusts. Our labour and employment team can look after all employment issues that may arise relating to your human resources.

The firm’s primary objective is to offer its clients a personalised service oriented towards their unique needs and aspirations. We invite you to contact us in order to discuss your future business projects and allow us to support you in developing solutions tailor-made to your needs.

Over the years Mitchell Gattuso has acquired a solid reputation and recognised expertise in construction law. Our firm represents general contractors, subcontractors as well as owner-developers.

Our team has extensive experience in the incorporation, corporate organisation and reorganisation of construction companies, the knowledge and skills required to quickly pursue all available recourses related to legal and construction hypothecs and the enforcement of secured claims (taking in payment, sale under judicial authority, etc.).

Mitchell Gattuso has represented both plaintiffs and defendants, and been highly effective in settling or, where necessary, achieving favourable decisions in many litigious files involving construction defects, latent defects, unpaid additional work, among others.

The firm counsels and represents the interests of its clients at all stages of construction projects, from project design, submission of bids for tender in response to requests for proposals in both public and private sectors), the awarding of the contract, negotiation of terms and conditions and the full scope of legal issues arising from diverse projects including excavation work, foundation formwork, plumbing, electricity, carpentry, and interior finishing.

Mitchell Gattuso represents its clients in large public infrastructure and civil engineering projects, as well as for residential and commercial work.

Our litigation department is formed by numerous seasoned lawyers, vigorously defending our clients’ interests, whether it be before tribunals or during the course of negotiating out of court settlements.

Over the years our firm has developed a solid reputation in contentious matters in having successfully resolved a diversity of litigation files. In this regard, our firm has successfully represented clients, acting for both defendants and plaintiffs, in civil liability matters, cases of manufacturer’s liability and in the context of professional fault and liability.

Mitchell Gattuso’s corporate litigation team also has significant experience in representing both shareholders and corporations in the context of securities and corporate litigation. Whether it be representing minority shareholders before the Commercial Division of the Superior Court for oppression remedies (pursuant to the Quebec Business Corporations Act and the Canada Business Corporations Act), a shareholder derivative suit or contract disputes, the attorneys at Mitchell Gattuso have the necessary skills and experience to represent their clients’ interests for all matters of corporate and securities litigation.

Our firm has considerable experience in the enforcement and efficient collection of claims on behalf of its clients. We are practiced in the institution of hypothecary and other secured claims and in the assertion of priority of claims.

Often situations may become difficult or present unforeseen complications and we will favour a pro-active approach in order to achieve a satisfactory solution through an out-of-court settlement.

In order to protect our clients’ rights and optimize the ultimate respect of financial obligations, our firm has specialized expertise in the drafting of contracts providing for appropriate collateral security (personal guarantees and suretyships, hypothecs, etc.). Our litigation team will institute proceedings and seek attachment and garnishment of property, where appropriate before judgment or in execution of court orders, resulting ultimately in forced sale by bailiff or sheriff, taking in payment, or other such measures.

The Mitchell Gattuso team has developed an expertise in the protection of individual rights, including representing individuals directly or families concerned with the protection of their loved ones.

Our firm has acted in contested files involving mandates in the event of incapacity as well as estates. We also assist our clients in the non-litigious process of opening protective supervision for adults in need of assistance for managing their assets and health. We frequently counsel clients directly from the initial stage of drafting wills and mandates in the event of incapacity.

Furthermore, our firm also acts in matters of fundamental human rights matters, representing both individuals and corporate entities seeking the enforcement of their rights, such as the right to integrity, dignity, freedom of expression and the protection of their image.

Whatever your needs and your situation, our team is available to listen and help you develop and adopt the best possible solution.

Our team of highly experienced family law professionals, is available to meet with you, support you and guide you in the management of difficult circumstances which can arise in your personal life. We know that the breakdown of a marriage or family unit may be a difficult challenge and give rise to many questions having legal implications. At Mitchell Gattuso, we will listen carefully to your concerns and counsel you on tailor-made solutions adapted to your needs. Our team is fully equipped to assist you in every step of a negotiation process in order to reach a settlement out of court.

We offer a full range of services pertaining to family and matrimonial law including mediation services, annulment of marriage proceedings, and separation and divorce proceedings, through all of the stages of the process. Where appropriate we will seek interim or provision measures on custody issues or spousal and alimentary support or take proceedings to vary or cancel a court order. For complex issues relating to child custody or division of the family patrimony we are able to call on the assistance of highly specialized child experts or financial professionals. We are able to represent children directly before the courts.

Other services we offer include, confirmation or contestation of parental authority and paternal recognition, drafting of contracts relating to civil union or “common law” cohabitation.

Our team of legal experts with specialized experience in employment and labour law is positioned to offer you guidance and support on a variety of issues in this increasingly complex field.

We advise our clients on a full spectrum of employment and labour law issues, from hiring to termination, from the negotiation and drafting of contracts and workplace policies, to providing advice for disciplinary measures, restructuring, compensation issues, human rights matters, psychological and sexual harassment, union activities, accommodation requests and workplace safety.

Our attorneys have extensive experience in collective bargaining and arbitration. We represent employers from many different sectors and industries as well as executives and other employees and have a particular expertise in university-related employment and labour law matters. We plead before administrative tribunals as well as in the civil courts, at all levels of the judicial process, including the Commission des relations du travail, the Commission des lesions professionnelles, the Superior Court, the Court of Appeal and the Federal Court of Canada. We are also proud to be able to offer alternative dispute resolution through mediation services from a trained and certified mediator. Our labour law and employment group is headed by Me Tetiana M. Gerych.

Our trade-marks group assists clients in the acquisition, protection and prosecution of applications and registration of trade-marks in Canada particularly as well as in other countries.

Our expertise is sought by many commercial clients for trade-mark searches and opinions and includes the preparation, prosecution and filing of applications and various corporate aspects relating to trade-marks, such as transactions involving their acquisition and/or sale (whether as part of a sale transaction or independently) and the negotiation and drafting of various such agreements.

Our trade-mark group is headed by Me Irving Shapiro whose extensive Canadian and international experience covers all phases of the trade-mark lifecycle as well as trade-mark portfolio management and international filings. He has worked with clients ranging in size from start-up businesses to established and multinational clients.

Our team is driven by the needs and objectives of clients’ business requirements which are always considered as its prime goal.

For cases involving a simple accusation of infringing a statute or regulation, the management of claims involving the SAAQ (Société de l’assurance automobile du Québec) against corporations with large fleets of motor vehicles, or fines issued by the CSST (Commission de la santé et de la sécurité du travail) or municipalities for any number of reasons, the professionals at Mitchell Gattuso have the skills and experience necessary to effectively settle penal, regulatory and administrative matters with minimal impact to individuals or to the ongoing business of enterprises.

Our tax team offers a complete range of services, ranging from tax planning, assisting with negotiations with tax authorities and, where necessary, tax litigation.

Tax Planning

Our tax lawyers can assist you with organising a corporate structure that reflects your particular needs, optimized to reducing your fiscal burden. We are particularly skilled at creating unique solutions for start-ups, financing enterprises, mergers and acquisitions, corporate re-structuring, commercial transactions and estate planning. Our employment and labour law team has an expertise in tax planning relating to employment termination.

Tax Litigation

Over the years, Mitchell Gattuso has developed an extensive practice in tax litigation, including litigating matters relating to goods and services taxes, corporate taxes and personal income taxes. More particularly, our tax team is there to assist you with:

  • Voluntary disclosures;
  • Audits;
  • Notices of Assessment;
  • Drafting and filing Notices of Objection;
  • Representing you before various tribunals, including the Court of Quebec and the Tax Court of Canada at trial and in appeal before the Federal Court of Appeal or the Quebec Court of Appeal;
  • In negotiations with the Agence du revenu du Québec and the Canada Revenue Agency.

Mitchell Gattuso offers personalized and flexible mediation services in civil matters.