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Author Archive for Brigid Wilkinson

New conspiracy provision of the Competition Act in action

January 9th, 2012 | By Brigid Wilkinson | Posted in Competition Law, Conspiracy, Criminal Matters

The Competition Bureau garnered its first conviction under the amended conspiracy provision of the Competition Act yesterday, as Domfoam International Inc. and Valle Foam Industries (1995) Inc. plead guilty to conspiracy and were fined $12.5 million. The investigation into the price-fixing of polyurethane foam has been ongoing since February 2010 and received cooperation through both [...]

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The Extra-Territorial Effect of Orders in the Public Interest

December 19th, 2011 | By Brigid Wilkinson | Posted in Commercial Litigation, Securities Litigation

Before entering into a settlement agreement with your provincial Securities Commission, it is important to consider how such consent orders will be viewed and applied in other provinces.  In September, 2008 Patricia McLean entered into a settlement agreement with the Ontario Securities Commission; less than two years later, she was before the British Columbia Court [...]

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A Whale of a Fight!

September 26th, 2011 | By Brigid Wilkinson | Posted in Commercial Litigation, Disputes over Contracts

A recent decision from the Ontario Superior Court pits Marineland against Seaworld in a battle of contractual interpretation and the application of foreign law for possession of Ikaika, a killer whale. Ikaika was born in Orlando, Florida in 2002, but since 2006 has been residing in the Marineland facilities in Niagara Falls, Ontario, subject to a Breeding Loan Agreement. In December 2010, Seaworld gave written notice that they wanted their whale back. Marineland refused, so Seaworld launched an application seeking immediate possession.

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