Marc James Tacheji

Overview

Marc James is a versatile pleader working in the Litigation and Conflict Resolution Group at our Montreal office. His practice focuses mainly on real estate, contract and commercial litigation. He regularly pleads before all civil courts and administrative tribunals, notably in the context of extraordinary remedies such as provisional and interlocutory injunctions, seizures and safeguard measures.

Known for his efficiency, as well as his practical and innovative solutions, Marc James advises a clientele composed of both landlords and tenants, as well as entrepreneurs. His extensive experience allows him to assist clients in all aspects of their business, including questions pertaining to their leases, servitudes (easements), hidden defects, disturbances, zoning and urban planning, permit applications, construction, and expropriation. He also practises in co-ownership law in favour of real estate developers and promoters.

In addition, Marc James taught advocacy at the McGill Law Faculty for 7 years. He presides the Middle East and North Africa (MENA) Committee at Fasken and serves as an administrator on the Board of the Canada-Arab Business Council, as well as a secretary on the board of Hay Doun, a non-profit organization serving the Armenian community in Montreal.

Achievements

Recognized as Lawyers of the Year in Administrative and Public Law in Montreal, The Best Lawyers in Canada 2024 to 2025
Recognized nationwide as a Rising Star in Litigation, IP Stars 2022
Recognized as Ones to Watch in Class Action Litigation in Montreal, The Best Lawyers in Canada 2022

Best Lawyers Publication name with laurels

2024 to 2025 The Best Lawyers in Canada Recognized as Lawyers of the Year in Administrative and Public Law in Montreal Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties. Read more

2022 2022 IP Stars Recognized nationwide as a Rising Star in Litigation The Rising Stars Awards aim to recognize the outstanding work being done by emerging leaders. Read more

2022 The Best Lawyers in Canada Recognized as Ones to Watch in Class Action Litigation in Montreal Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties. Read more

Client Work

A well-placed objection wins a case and shortens the trial, [Case - BMMT Investissement Inc.], A pre-trial objection shortens trial and limits same to the crux of the matter in favour of our client.
RAMQ Administrative investigation of Pharmaprix owner-pharmacists, [Case - Pharmaprix /Shoppers Drug Mart/Pharmaciens propriétaires], On October 28, 2013, the Régie de l’assurance maladie du Québec [Québec health insurance board] (the “RAMQ”) opened an administrative investigation of owner-pharmacists working under the Pharmaprix banner. In its investigation the RAMQ sought to determine if Pharmaprix owner-pharmacists had rec...
The Court of Appeal exceptionally grants permission to hear the appeal of a safeguard order, [Case - Confidential Client], In November 2019, the Court of Appeal of Québec exceptionally granted our application for permission to appeal of a safeguard order. The appeal aims at determining whether depositing on amount in excess of 4 million $ in exchange for the termination of a real conventional right constitutes « suff...
Settlement of an application for cancellation of a deed of sale of a company, [Case - Confidential Client], In July 2019, a claim of approximately $200,000 was filed in the Superior Court of Quebec, with a motion to cancel the deed of sale of a company. Following the examination of the opposing party, the lawyers on file undertook negotiations that resulted in broad concessions in favour of our clients...
Settlement of a claim of approximately $1.4 million following the cancellation of a government grant and the revocation of a licence, [Case - Confidential Client], In March 2019, a claim of approximately $1.4 million was filed with the Tribunal administratif du Québec. This claim was presented together with an application to the Tribunal administratif du Québec for the cancellation of a daycare grant and an application to the Superior Court of Québec for th...
Superior Court of Québec renders judgment in favour of a Montreal shopping mall, [Case - Confidential Client], On April 9, 2018, the Superior Court of Québec rendered a judgment in favour of a Montreal shopping mall. Pursuant to this judgment, the mall’s commercial tenant was ordered to pay its proportional share of the real estate taxes, as well as other amounts illegally withheld. This matter was presen...
Court of Quebec rules in favour of our clients regarding subcontractor, [Case - Confidential Client], In May 2017, the Court of Quebec ruled in favour of our clients in a case in which a subcontractor was unfairly demanding additional payments for its work. The case raised issues of mandate, apparent mandate and contract formation. Our argument was upheld to the effect that no contract had been ...
Mining development C$10 million claim successfully negotiated before the Canadian Commercial Arbitration Center, [Case - Confidential Client], In May 2017, investment brokers in the mining industry filed a claim for roughly 10 million against our client, a flourishing mining development, before the Canadian Commercial Arbitration Center. This claim was based on their interpretation of the commission allegedly owed. The brokers were resp...
Procureur général du Québec et Agence métropolitaine de transport v. Pièces d’autos de Montréal-Nord inc., 2016 QCCS 4620 (Superior Court, Court of Québec and the Administrative Tribunal of Québec), [Case - Confidential Client], Fasken Martineau successfully defended the interests of Pièces d’autos de Montréal-Nord inc. against the Attorney General of Quebec and the Metropolitan Transport Agency (AMT) in an expropriation proceeding. The Superior Court rendered a final judgment in favour of PAMN, confirming the judgments ...

Case November 2023 Represented BMMT Investissement Inc. A well-placed objection wins a case and shortens the trial A pre-trial objection shortens trial and limits same to the crux of the matter in favour of our client. Read more

Case December 2019 Represented Pharmaprix /Shoppers Drug Mart/Pharmaciens propriétaires RAMQ Administrative investigation of Pharmaprix owner-pharmacists On October 28, 2013, the Régie de l’assurance maladie du Québec [Québec health insurance board] (the “RAMQ”) opened an administrative investigation of owner-pharmacists working under the Pharmaprix banner. In its investigation the RAMQ sought to determine if Pharmaprix owner-pharmacists had rec... Read more

Case November 2019 Represented Confidential Client The Court of Appeal exceptionally grants permission to hear the appeal of a safeguard order In November 2019, the Court of Appeal of Québec exceptionally granted our application for permission to appeal of a safeguard order. The appeal aims at determining whether depositing on amount in excess of 4 million $ in exchange for the termination of a real conventional right constitutes « suff... Read more

Case July 2019 Represented Confidential Client Settlement of an application for cancellation of a deed of sale of a company In July 2019, a claim of approximately $200,000 was filed in the Superior Court of Quebec, with a motion to cancel the deed of sale of a company. Following the examination of the opposing party, the lawyers on file undertook negotiations that resulted in broad concessions in favour of our clients... Read more

Case March 2019 Represented Confidential Client Settlement of a claim of approximately $1.4 million following the cancellation of a government grant and the revocation of a licence In March 2019, a claim of approximately $1.4 million was filed with the Tribunal administratif du Québec. This claim was presented together with an application to the Tribunal administratif du Québec for the cancellation of a daycare grant and an application to the Superior Court of Québec for th... Read more

Case March 2018 Represented Confidential Client Superior Court of Québec renders judgment in favour of a Montreal shopping mall On April 9, 2018, the Superior Court of Québec rendered a judgment in favour of a Montreal shopping mall. Pursuant to this judgment, the mall’s commercial tenant was ordered to pay its proportional share of the real estate taxes, as well as other amounts illegally withheld. This matter was presen... Read more

Case May 2017 Represented Confidential Client Court of Quebec rules in favour of our clients regarding subcontractor In May 2017, the Court of Quebec ruled in favour of our clients in a case in which a subcontractor was unfairly demanding additional payments for its work. The case raised issues of mandate, apparent mandate and contract formation. Our argument was upheld to the effect that no contract had been ... Read more

Case May 2017 Represented Confidential Client Mining development C$10 million claim successfully negotiated before the Canadian Commercial Arbitration Center In May 2017, investment brokers in the mining industry filed a claim for roughly 10 million against our client, a flourishing mining development, before the Canadian Commercial Arbitration Center. This claim was based on their interpretation of the commission allegedly owed. The brokers were resp... Read more

Case December 2016 Represented Confidential Client Procureur général du Québec et Agence métropolitaine de transport v. Pièces d’autos de Montréal-Nord inc., 2016 QCCS 4620 (Superior Court, Court of Québec and the Administrative Tribunal of Québec) Fasken Martineau successfully defended the interests of Pièces d’autos de Montréal-Nord inc. against the Attorney General of Quebec and the Metropolitan Transport Agency (AMT) in an expropriation proceeding. The Superior Court rendered a final judgment in favour of PAMN, confirming the judgments ... Read more

All Client Work

Career & Education

Education

BCL / LLB McGill University 2013
Certificate China University of Political Science & Law 2010
MA, Philosophy Université de Montréal 2009
BA, Political Science Université de Montréal 2007

Community involvement

Team Coach, Concours de plaidoirie Pierre-Basile-Mignault, McGill University Law Faculty
Secretary, Board of Directors of the non-profit organization Hay Doun

Memberships & Affiliations

Member, Young Board of Trade of Metropolitan Montréal
Member, Canadian-Armenian Business Council
Member, Armenian Bar Association

Knowledge

What is The Extent of The Developer's Loss of Power to The Syndicate of Co-Owners?, 5/4/2023
Can the Pandemic Still Justify a Reduction or Non-Payment of Commercial Rent?, 4/20/2023
Preservation of Balance between Landlords and Tenants in Light of COVID-19, 8/17/2020

Bulletin May 4, 2023 What is The Extent of The Developer's Loss of Power to The Syndicate of Co-Owners? The Court renders a judgment in favour of a syndicate of co-owners and discusses the application of new legal provisions. Read more

Bulletin April 20, 2023 Can the Pandemic Still Justify a Reduction or Non-Payment of Commercial Rent? As of March 14, 2022, arguments based on the detrimental effects of the Covid-19 pandemic no longer hold up in matters of commercial leasing. Read more

Bulletin August 17, 2020 Preservation of Balance between Landlords and Tenants in Light of COVID-19 The GAP Judgment: this third Superior Court decision clarifies landlord-tenant obligations in the context of the COVID-19 2020 pandemic, the exception for non-performance of an obligation and the preservation of the balance between the parties. Introduction and Description of the Factual Context ... Read more

Events

Bail commercial developpements recents et lecons a tirer de la pandemie, 11/23/2022
10/14/2020

Webinar | Hybrid | Pre-recorded Webinar | In-Person Seminar November 23, 2022 Bail commercial developpements recents et lecons a tirer de la pandemie

QC About the event

Webinar October 14, 2020 About the event

News

Thirty-Four Fasken Lawyers Join Firm Partnership, 12/17/2021
Droit-inc quotes Marc James Tacheji in an article on the race for the vice presidency of the YBM, 5/14/2019
Droit-inc mentions Marc James Tacheji in an article on the board of directors of the Young Bar of Montréal, 4/23/2018