Raphaëlle Mignault

Raphaëlle Mignault
Biography
Raphaëlle Mignault, a lawyer in the litigation and disputes group, practises primarily in construction law and professional liability. She frequently represents work providers, contractors, subcontractors, suppliers, professionals, insurers and surety companies in complex construction litigation. Ms. Mignault provides legal advice, drafts proceedings, manages court files, conducts examinations on discovery and represents clients in trials before various judicial bodies, as well as in alternative dispute resolution methods.
Ms. Mignault studied both civil law and common law in the University of Ottawa's National Program. While completing her J.D., she participated in a summer program in international arbitration at McGill University (in partnership with Penn State University). She also participated in the Laskin Moot Court Competition. Ms. Mignault joined the Québec office after she was called to the bar.
Professional experience
Representative experience
Representative experience
Ms. Mignault recently represented the following clients:
- A surety company against a lawsuit for $23 million in additional costs and impact costs incurred during the execution of a construction contract and a claim for moral damages brought by the general contractor that took over the site following the bankruptcy of the first contractor in connection with the construction of Route 167.
- A general contractor making a claim for $72 million for additional costs and productivity losses in connection with three projects for the creation of a new bus rapid transit service for a public sector work provider.
- A general contractor making a claim for $16 million for additional costs incurred due to conditions differing from those announced (direct costs, impact costs and construction site extension costs) in the context of the construction of a retention basin for a public sector work provider.
- A subcontractor specializing in steel structure work in the context of a claim for additional costs arising from a construction project of a public sector work provider.
- An owner with regard to a claim for damages arising from professional misconduct and negligence on the part of engineers in the design of a plant operating in the agri-food sector.
- A surety company in a lawsuit for $5 million to recover from the guarantors under the Indemnity and Security Agreement the sums disbursed by the surety company under the bonds issued.
- An engineering firm in the context of several disputes relating to claims concerning construction projects and involving, in particular, issues of alleged professional liability;
- A concrete supplier against a lawsuit by the general contractor regarding allegations of non-compliance of the concrete delivered in the construction of a cement plant.
Rankings and recognitions
Rankings and recognitions
- Best Lawyers in Canada: Construction Law, 2024-2025
- Canadian Legal Lexpert Directory, 2025: recommended in Construction Law
- Torys LLP Writing Award, Common Law Section, University of Ottawa
- Éditions Yvon Blais Award for courses in the National Program (Common Law), University of Ottawa, 2012
- Civil Law Section admission scholarship, University of Ottawa, 2008-2012
- Civil Law Section Dean’s Award, University of Ottawa, 2011
- Civil Law Section Dean’s List, University of Ottawa, 2009-2011
- Scholarship, University of Ottawa, 2009
- Francophonie scholarship, University of Ottawa, 2008
Education
Education
J.D., University of Ottawa, 2012
LL.L., University of Ottawa, 2011
Admissions
Admissions
- Quebec 2013
Publications
Publications
- "Démystification de certains modes de prévention et de règlements des différends à privilégier pour éviter la guérilla judiciaire dans le domaine de la construction," in Barreau du Québec, Service de la formation continue. Développements récents en droit de la construction (2021), vol. 495, Montréal, Éditions Yvon Blais, 2021, p. 187.
Speaking engagements
Speaking engagements
- Conference "Revue de la jurisprudence récente concernant l'obligation de renseignement du donneur d'ouvrage et la méthode d'analyse de retards "n'eût été" (but-for test)," 23e journée d'étude sur les réclamations sur contrats, Québec, February 21, 2024.
- Conference "La caution dans le contexte de l'insolvabilité de l'entrepreneur," Québec, September 2023.
- Conference "Principes de base en matière de cautionnement," October 2022.
Memberships and activities
Memberships and activities
- Executive Committee of CBA, Quebec branch (2018-2019)
- New technologies integration committee of the Barreau de Québec (2018-2019)
- Board of directors of the Jeune Barreau de Québec (2015-2019)