Title: Corporate / Business Litigation
M. Christian E. MICHAUD is a partner with the Moncton office of Cox & Palmer. In addition to having served as managing partner of the Moncton office, Christian continues to lead the commercial litigation department within the office in the fields of bankruptcy and insolvency, debt recovery, construction law and in other fields such as public and constitutional law litigation. Christian also has extensive experience in administrative law. Christian practices in both English and French with limited knowledge of German. Constitutional and Public Law Litigation: Christian has participated in a number of important constitutional challenges dealing with various sections of the Canadian Charter of Rights and Freedoms, namely the right to vote provisions (sec. 3 of the Charter), mobility rights (sec. 6), right to equality (sec. 15), language rights (sec. 16 to 20) and the minority education rights (sec. 23). As such, Christian has had the opportunity to argue cases at all Canadian court levels, in the Supreme Court of Canada in a number of reported cases, the Federal Court of Appeal, the Court of Appeal of New Brunswick, the Federal Court of Canada, the Court of Queen’s Bench of New Brunswick, and the Provincial Court of New Brunswick. Christian is considered to be one of the youngest lawyers to have argued a case in the Supreme Court of Canada in 1999, at the time when he was 28 years old in the Arsenault-Cameron, a case that is part of the new trilogy on language rights. Christian also acts in public law dispute matters involving both provincial and federal governments. He has been involved in complex litigation affecting the management of public resources such as Atlantic fisheries, Native Rights cases and in matters relating to law enforcement officials. Corporate / Commercial: Christian continues to provide quality assurance services in various complex corporate and commercial transactions, namely in the field of restructuring and refinancing. He also provides legal opinions on a plethora of governance issues and in the area of directors’ responsibility and liability to various “for” and “not for” profit corporate organizations.
Languages: English and French (fluently) with limited knowledge of German.
Areas of Practice
Litigation Percentage 90%
Law Society of New Brunswick
Association des juristes d’expression française du Nouveau-Brunswick
R. v. McGraw, a matter of principle: the principle of an active offer..., published in La Clef, the Canadian Bar Association National Conference of French-Speaking Common Law Members Newsletter, August 2008.
Appeared as expert witness at the Standing Committee on Justice and Human Rights, 40th Parliament, 2nd Session, on Bill C-232, June 15, 2009.