Charles E. Flam
Mr. Charles E. Flam is a partner in our Commercial Litigation Group. His practice focuses on commercial and civil litigation, shareholder disputes, and the liability of professionals and corporate directors and officers.
After almost four decades as Managing Partner and CEO of the firm, Charles E. Flam retired from these positions at the end of 2019. He continues to practice as a senior member of our Litigation Group and continues to serve as a member of our Management Committee. He regularly appears before the courts of Quebec and Canada at all levels, including the Supreme Court of Canada, representing a multitude of Canadian, American and European clients.
Drawing from his extensive experience, he frequently acts as lead counsel and strategic advisor in litigation files, especially cases with international aspects raising questions on the applicable legislation, the jurisdiction of the courts and the enforcement of foreign decisions.
Mr. Flam has been involved in a variety of complex, high-stakes and high-profile cases that have become milestones in the development of Quebec and Canadian law. His experience includes:
- Morgentaler case — Defending Dr. Henry Morgentaler, accused of performing abortions, a leading case raising arguments based on constitutional law and on the Canadian Charter of Rights and Freedoms
- Castor Holdings case — Representing some 15 European investors whose claims total over $300M (principal and interest), in a massive case arising from the professional liability of auditors
- John C. Doyle — The withdrawal of criminal charges against John C. Doyle after a decision of the Supreme Court, a key step in a long judicial saga that redefined important parts of Canadian corporate law
- Numerous disputes involving the government of Newfoundland and Labrador, including the decision of the Supreme Court on the constitutional validity of the Newfoundland Mining and Mineral Rights Tax Act
- Defending Burger King Corporation against a claim for payment of a real estate brokerage commission
- Defending a foreign bank against a cross-border claim for over $11M arising out of international consumer transactions involving credit cards and a plaintiff in the Caribbean
- Representing shareholders of the Kruger paper company in a landmark oppression remedy case
- Defending a dealer against a $22M cross-border claim caused by a sudden drop in the market price between the expected and effective delivery date of a shipment of oil
Litigation Counsel of America (LCA): in March 2011, Mr. Flam was the seventh Quebec lawyer, and only the 59th in Canada, to be nominated Fellow of the LCA. He was named Senior Fellow in 2018.
American Institute of Appellate Practice: in April 2013, he was nominated as the first Canadian member of the Institute
Best Lawyers in Canada: listed since 2008, appearing as leading practitioner for corporate and commercial litigation
Canadian Bar Association
American Bar Association
American Association for Justice
Quebec Bar Foundation: Governor Emeritus
Trial Law Institute
Diversity Law Institute
Quebec Bar: former member of Disciplinary Committee
Montréal Bar: former member of Committee on the Illegal Practice of Law and Deliberations Committee
Publications and Conferences
Mr. Flam has been a frequent lecturer and guest speaker on various aspects of commercial litigation, especially cross-border issues
Canadian Friends of Boys Town Jerusalem: Honorary Chairman
Bachelor of Civil Law, First Class Honours, McGill University, 1966
Bachelor of Arts, McGill University, 1963
Call to Bar