Patrick Henry

Lawyer, Partner

Expertise

Insurance Law

Language

English, French

Office

Montréal

LinkedIn

 

Mr. Patrick Henry is a litigator and a Partner in our Insurance Law Group. His practice focuses on insurance law, civil litigation, civil and professional liability and product liability law.

Mr. Henry has pleaded before all judicial instances and appeal levels including on four occasions before the Supreme Court of Canada. His fields of practice include insurance law, civil litigation, civil and professional liability and product liability law.


Representative files and mandates

Mr. Henry has substantial experience before the courts with most aspects of the insurance industry, including:

  • Numerous cases arising from fires in commercial or residential buildings, and involving all possible causes such as a defective equipment or human negligence
  • Construction-related matters, such as the collapse of the Concorde overpass, the collapse of the tunnel portal beams and louvre grids in the Ville-Marie Tunnel in 2011 and the collapse of a concrete parking near the Saputo Soccer Stadium in 2011
  • Defending multiple claims experts in disciplinary hearings before the Chambre de l’assurance de dommages
  • Defending insurers against the Autorité des marchés financiers, the regulatory authority on insurance matters in Quebec
  • Appearing in several cases of professional liability involving notaries, lawyers and auditors
  • Appearing before the Supreme Court in various matters, such as the consequence of a conflict between an insurance proposal and the policy, or the rescission of an emphyteusis
  • In 2007, representing the designing engineers as participant in the public hearings of the Commission of inquiry into the collapse of a portion of the de la Concorde overpass a year earlier.


Honours

Mr. Henry has been and is highly ranked in several peer review-based directories:

  • Lexpert
    • Consistently Recommended, Litigation — Commercial Insurance
    • Repeatedly Recommended, Litigation — Product Liability
  • Best Lawyers
    • Appearing since 2006
    • Lawyer of the Year, Montréal, Insurance Law, 2020
    • Lawyer of the Year, Montréal, Product Liability, 2017
    • Lawyer of the Year, Montréal, Personal Injury Litigation, 2014
    • Lawyer of the Year, Montréal, Legal Malpractice Law, 2012
    • Currently (2022 Edition) rated for Insurance Law, Legal Malpractice Law, Personal Injury Litigation, Product Liability Law
  • Benchmark Litigation: Rated as Litigation Star for Insurance and Commercial Litigation since 2012
  • Who’s Who Legal Canada: Rated in Insurance & Reinsurance
  • Martindale-Hubbell: Rated Distinguished for ethical standards and legal ability

In April 2011, he was the 8th Quebec lawyer, and only the 60th in Canada, to be named Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society established to reflect the new face of the American bar. He was named a Senior Fellow in 2018.



Associations

Bar of Quebec: Disciplinary Committee (1991–); Past lecturer on civil procedure at the Quebec Bar School; past member, Civil Procedure Reform, and Image and Ethics Committees

Bar of Montréal: Best Practices Handbook Committee (2008–)

Canadian Bar Association



Bulletins

Is a Recording Made Unbeknownst to a Party Admissible in Evidence?

4 March 2022

That question was answered by the Superior Court in Droit de la famille — 2260, 2022 QCCS 136, a decision of January 18, 2022. The fact that the case was a family law dispute influenced the Court’s approach. Separating parents were arguing about custody and parenting time for their three-year-old daughter. At the hearing, the […]

Theft, Polygraph, and Presumptions: The Court of Appeal Sets the Record Straight

4 February 2022

The Court of Appeal of Quebec has rendered a very important decision just before the holidays in Michael Bruni Transport Inc.c. Aviva Insurance Company of Canada, 2021 QCCA 1979, reversing a decision of the Superior Court  (2018 QCCS 3520) and ordering the insurer to compensate its insured for the theft of its truck. This judgment […]

Insurers: Bill 96 May Affect Your Civil Litigation Proceedings in Quebec

9 November 2021

Bill 96, An Act respecting French, the official and common language of Québec, proposes a certain number of substantial modifications to Quebec civil procedure. The Bill is presently making its way through various stages of consideration at the National Assembly of Quebec and it is possible that additional changes will be made prior to the […]

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Webinars

Evidence by Presumption: Utility and Pitfalls

16 June 2022

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law. Description Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume […]

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Publications and Conferences

Mr. Henry is a regular lecturer on insurance law and civil and professional liability. He the author of several papers, such as:

  • “L’impact des enquêtes publiques sur les procédures civiles”, in Colloque sur les organismes d’enquête, Actes de la formation juridique permanente 2009, volume 6, Canadian Bar Association — Quebec Division
  • “Le mensonge : du polygraphe à la déchéance”, in Développements récents en droit des assurances, 2001, volume 147, Service de la formation permanente du Barreau du Québec
  • “Analyse des procédés de preuve et de leur force probante”, in Les règles de preuve: Application pratique et analyse des plus récents jugements, Montréal, Insight, October 1995

He is also a coauthor of:

  • Commercial Insurance Policies, Annotated, Thomson Reuters / Carswell, 1996 (looseleaf with continuing updating)
  • Residential Insurance Policies, Annotated, Thomson Reuters / Carswell, 1994 (looseleaf with continuing updating)


Education

Licentiate in Law (LL.L.)

University of Montréal

1972


Call to Bar

Quebec

1974