Robert Kugler

Robert litigates civil and commercial matters, including class actions, personal injuries, defective product claims, shareholder disputes, medical malpractice, banking and insurance matters. He handles cases for individuals and companies, and has won and settled numerous multi-million-dollar cases for his clients.

Best Lawyers® has recognized Robert as being among the best lawyers in Canada, as selected by his peers.

Robert has worked on numerous cases of significant importance, and has helped many clients access justice. For example::

• Compensation for sexual abuse victims – A landmark decision was obtained on behalf of numerous victims of sexual abuse by members of the religious order “The Redemptorists”.  The Judgment marked the first time in Quebec history that a Court condemned a religious order to pay damages to victims of sexual abuse perpetrated by its members.  Robert’s clients ultimately recovered $20 million in total, allowing more than 100 individuals to receive substantial compensation for the harm they suffered arising from sexual abuse.

Robert has also represented thousands of individuals obtain significant compensation following abuse suffered at the hands of members of religious orders and other institutions, including: $60 million from Les Frères du Sacré-Coeur; $30 million from Les Clercs de Saint-Viateur du Canada; $65 million from Les Soeurs de la Charité du Québec and the CIUSSS de la Capitale-Nationale; several million dollars from the City of Longueuil for victims of hockey coach François Lamarre.

• Compensation for First Nations children and families – Robert was honoured to represent hundreds of thousands of First Nations children and families against the Attorney General of Canada in a class action that resulted in a Judgment approving a settlement exceeding $23 billion, the largest settlement in the history of the country. Hundreds of thousands of First Nations individuals are eligible to receive substantial compensation for the harms they have suffered.

• Compensation for individuals whose constitutional rights have been violated – Robert is representing tens of thousands of individuals in Quebec against the Quebec government, claiming substantial compensation arising from the failure to respect various rights of individuals who are arrested and who are presumed innocent.

Robert obtained a Judgment approving a $25 million settlement on behalf of thousands of individuals who were denied the right to have a Court consider whether their pre-trial detention remained necessary. Robert obtained a Judgment condemning the Attorney General of Quebec to pay in excess of $164 million to individuals who were deprived of their right to appear before a justice of the peace within 24 hours of arrest, as required by the Criminal Code. Robert represents hundreds of Inuit individuals in Nunavik whose right to a bail hearing within a 3-day delay was denied for many years, and advocates on behalf of vulnerable individuals in order to assist them in accessing justice.

• Personal injury – Robert obtained a Judgment from the Court of Appeal,  upholding the largest amount ever awarded in a case against a ski hill on behalf of a child who suffered brain injuries during a group ski lesson in Quebec history.

Robert has also handled multi-million dollar cases on behalf of individuals who have suffered significant damages arsing from injuries taking place during football games, snowmobile accidents, cycling accidents, etc..

• Victims of fraud  -Robert obtained a Judgment approving a multi-million dollar settlement in a class action against the Royal Bank of Canada on behalf of numerous victims of a Ponzi scheme perpetrated by Earl Jones, commonly referred to as Montreal’s “mini-Madoff”.

• Product liability – Robert obtained Judgments approving settlements in class actions on behalf of individuals who received defective hip implants in excess of $20 million, enabling hundreds of individuals to receive substantial compensation for harm that they suffered.

• Consumer Protection Act violations – Robert obtained a Judgment approving a $22 million settlement in a class action on behalf of tens of thousands of Quebec consumers of SiriusXM Canada Inc., whose subscription fees were alleged to have been unilaterally increased in contravention of the Consumer Protection Act.

Understanding that many individuals and companies are unable to afford to pay legal fees on an hourly-rate basis, Robert regularly accepts to work on a contingency fee basis, assuming the risk that if the case is unsuccessful, his clients will not owe legal fees.

Testimonials – Many clients have written to the Court to express their appreciation for Robert and his team’s efforts, professionalism and empathy. For example:

« I for one, am very grateful for all the help and support l’ve received from you and your colleagues. My statement is one of many. We all had this secret we kept to ourselves due to fear, but at least there will be an end to our childhood nightmare. »

« Votre approche humaine, votre grande écoute, votre respect envers notre fils en le laissant cheminer à son rythme ont fait en sorte qu’il a accepté de vous livrer son témoignage, ce qui nous semblait impossible au début des démarches. Même nous ses parents n’avons pas eu le droit à toutes les confidences qu’il vous a faites. Il n’avait jamais été capable de parler de l’agression. »

« Aussi, je tiens à vous remercier personnellement vous, vos collaborateurs ainsi que votre firme qui ont su et compris ma détresse. L’accompagnement, le soutien et l’encadrement ont fait que j’ai pu vous faire confiance et ainsi ouvrir mon passé et le livrer du mieux que j’ai pu pour permettre ainsi à plusieurs victimes qui n’en n’ont pas eu la chance ou la capacité, de le faire aussi pour eux. Depuis le premier jour où je vous ai contacté, j’ai ainsi pu cheminer même si cela n’a pas été facile. Je suis bien heureux du parcours réalisé jusqu’à maintenant et votre contribution en fait partie. »

« Sachez que je me suis sentit respecté à chacune des étapes du procès. Même si je n’ai pas eu besoin de témoigner, j’ai quand même l’impression que mon histoire a été entendue et cela m’a fait du bien d’avancer dans mon cheminement personnel au sujet des abus sexuels que j’ai vécus lors de mon enfance. »

Teaching and committee involvement -Robert has been a guest lecturer at the Faculty of Law of McGill University for many years, and a regular speaker at legal conferences in litigation and class action matters. In 2024, Robert was honoured to become a course instructor of class actions at the Faculty of Law of McGill University.

Robert has also been a guest lecturer at the Université de Montréal.

For many years Robert was a member of the Comité consultatif du Barreau du Québec , Groupe d’experts sur les actions collectives and the Canadian Bar Association Executive Committee – Class Actions Division.

Philanthropy – On behalf of Kugler Kandestin, Robert established the Kugler Kandestin LLP Entrance Scholarship (McGill University – Faculty of Law) and the Kugler Kandestin Prize of Excellence at the Legal Clinic for Victims of Crimes (University of Montreal – Faculty of Law), in order to assist and encourage students to devote efforts towards social justice.

Practice Areas

• Civil and Commercial Litigation
• Class Actions
• Personal Injury and Medical Malpractice
• Insurance and Professional Liability

Year of Call to the Bar

2001

Recognition

• Named a “Litigation Star” by  Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys.
• Best Lawyers® has recognized Robert as being among the best lawyers in Canada, as selected by his peers.
• Regularly recognized and shortlisted for the Plaintiff (Class Action) attorney of the year, Quebec, and Plaintiff Litigator of the Year by Benchmark Canada Litigation Awards.

Education

• McGill University, Bachelor of Commerce (1996) (Dean’s Honour List)
• McGill University, Faculty of Law, B.C.L., L.L.B. (2000) (Dean’s Honour List)

Professional Affiliations

• Barreau du Québec
• The Bar of Montreal
• The Canadian Bar Association
• Executive committee member of The Canadian Bar Association, class action division (2012-2016)
• Comité consultatif du Barreau du Québec , Groupe d’experts sur les actions collectives (2022-2024)