Jean E. Clerk, c.r.
Acknowledged as a Canadian authority on railway matters, Jean E. Clerk has significant experience in the field of mergers and acquisitions. He played a key role in negotiating and documenting numerous commercial transactions. He frequently represents sellers or purchasers of businesses of all types. He also coordinates the various multidisciplinary services that may be required to complete these transactions. He frequently represents shippers in their tariff and level of service negotiations and disputes with railroad operators.
Jean has been with the railroad industry since 1969, when he joined the legal department of the Canadian National. From 1985 to 1995, he led its legal affairs department for the Saint-Laurent area (Quebec and New England). He later went into private practice, working mostly on matters of commercial law. Throughout his career, he has provided strategic and legal services to numerous businesses in the railroad transportation industry. He has represented Class 1 railroad companies as well as regional and secondary railroads, rail passenger carriers, public and harbour administrations and numerous service providers involved with railroads. He has developed and collaborated with a wide network of contacts in all areas of expertise, which now allows him to offer the complete scope of services that could be needed by an organisation involved with railway transportation, especially shippers and other users of rail services.
As a litigator, he has appeared before all levels of Quebec courts, including the Court of Appeal, as well as before the Federal Court and Federal Court of Appeal and the Supreme Court of Canada. He has also appeared before several administrative tribunals, such as the Canadian Transportation Agency.
During his career, he has been a director of companies such as First National AlarmCap Income Fund, The Canada and Gulf Terminal Railway Company, the Compagnie de gestion de Matane (Cogéma), the Corporation de chauffage urbain de Montréal (CCUM) and Global Railway Industries Ltd. He was also a member of the CN’s Managing Committee for the Saint-Laurent area during his tenure as head of legal affairs, until 1995.
Appointed Queen’s Counsel in 1988
Canadian Legal Lexpert Directory: “Consistently Recommended” for Transportation (Road & Rail)
Best Lawyers in Canada: rated since 2006 for Railroad Law
Chambers Canada: Band 2 Practitioner, Nationwide, Transportation: Rail & Road
Canadian Transport Lawyers Association: past president
Association des secrétaires et chefs de contentieux du Québec: past president
Publications and Conferences
“Le transport ferroviaire et les minières du Québec”, Les affaires — Objectif Nord conference, October 2013
“Le transport ferroviaire dans la région du Plan Nord”, Insight — Mining forum, May 2012
“Le Plan Nord, les mines de fer et les chemins de fer”, Les Affaires conference, 2012
Mr. Clerk was a director of organizations such as the Hôtel-Dieu de Montréal, Oxfam Québec (Chairman of the Board), the Fondation du Barreau du Québec, The Lighthouse, Children and Families and the Cavendish Health and Social Services Centre.
Bachelor of Laws (LL.L.), University of Ottawa
Bachelor of Arts, Major in History, University of Montréal
Call to Bar