Patrick Henry

Lawyer, Partner

Expertise

Insurance Law

Language

English, French

Office

Montréal

LinkedIn

 

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

Patrick has pleaded before all judicial instances and appeal levels, including before the Supreme Court of Canada on four occasions.


Representative files and mandates

Patrick has substantial experience before the courts, 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 lot near the Saputo Soccer Stadium in the same year
  • 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 professional liability cases 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, and the termination of an emphyteutic lease
  • In 2007, representing design engineers as participants 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

Patrick has been highly ranked in several peer review-based legal directories:

  • Lexpert:

Consistently Recommended, Litigation – Commercial Insurance

Repeatedly Recommended, Litigation – Product Liability

  • Best Lawyers in Canada:

Recognized for Insurance Law, Legal Malpractice Law, Personal Injury Litigation, and Product Liability Law (since 2006)

Lawyer of the Year, Montreal, Insurance Law (2020)

Lawyer of the Year, Montreal, Product Liability (2017)

Lawyer of the Year, Montreal, Personal Injury Litigation (2014)

Lawyer of the Year, Montreal, Legal Malpractice Law (2012)

  • Benchmark Litigation: recognized as a “Litigation Star” for Insurance and Commercial Litigation since 2012
  • Who’s Who Legal Canada: rated in Insurance & Reinsurance
  • Martindale-Hubbell: rated “Distinguished” for his ethical standards and legal abilities

In April 2011, he was the 8th Quebec lawyer, and only the 60th lawyer in Canada, to be named a Fellow of the Litigation Counsel of America, an invitation-only 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
    • Past lecturer on civil procedure at the Quebec Bar School
    • Past member of the Civil Procedure Reform, and Image and Ethics Committees
  • Bar of Montreal: Best Practices Handbook Committee
  • Canadian Bar Association


Bulletins

Is Loss Of Enjoyment A Covered Loss?

April 3, 2024

The Court of Quebec recently ruled on this issue in Long BÉ Express Limited v. Service Routier ML Inc. and Intact Insurance Company. In the context of a “Wellington” Motion, Service Routier requested that its insurer take up its defence and assume its costs in the lawsuit brought by Long‑BÉ Express Limited. Service Routier offered […]

The Excavator Lost Its Head

July 17, 2023

The Civil Code of Quebec places a heavy burden on manufacturers. But can it be reversed? This question was addressed by the Superior Court in a judgment rendered on June 6, 2023 by the Honourable Suzanne Hardy-Lemieux in AIG Insurance Company of Canada et al v. Mécano Mobile R.L. inc. et al, 2023 QCCS 1935 […]

Is Standard Mortage Endorsment a Shield for the Creditor?

March 30, 2023

The scope and protection afforded to a mortgage creditor by the standard mortgage endorsement was again analyzed by the Court of Appeal in Roma Capital inc. 2023 QCCA 307. It should be noted that in this decision rendered on March 7, 2023, the Court of Appeal was hesitant since the decision was rendered on a […]

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Webinars

Evidence by Presumption: Utility and Pitfalls

June 16, 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 […]


Publications and Conferences

Patrick is a regular lecturer on insurance law and civil and professional liability. He has also written several journal articles, 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, Montreal, Insight, October 1995

He is also a co-author 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.)

Université de Montréal

1972


Call to Bar

Quebec

1974