The Litigator - Affleck Greene McMurtry, LLP » Year in Review / The Litigator (Print Edition)

Competition Law Review

Michael Osborne — Tue, 20 Apr 2010 13:51:30 +0000

Contributors: Michael Osborne, Sonny Ingram, Jennifer Dyck, and Christian Farahat. Review of all Canadian Competition Law developments over the last 12 months, plus some US and EU developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust, Across the Pond Top Stories

Hard time for hard core cartels
Class action requirements loosened
Suncor - Petro-Canada merger gets green light
Nadeau’s feathers ruffled by Tribunal

January 2010 Commercial Litigation Update

Kenneth Dekker — Mon, 11 Jan 2010 14:31:22 +0000

Contributers: Kenneth Dekker, Jennifer Dyck, Christian Farahat, Sonny Ingram, and Michael Osborne. An update on significant commercial litigation decisions released recently in Ontario.

Competition Law Review – May 2009

Michael Osborne — Fri, 01 May 2009 19:05:05 +0000

Contributors: Michael Osborne, Sonny Ingram, Sandra Monardo, Michelle Booth, Adam Wygodny, and Donna Wilson. Top stories Canada’s new competition law Budget 2009 includes the most significant amendments to the Competition Act in a generation: • A new “per se” conspiracy offence makes it illegal for competitors or potential competitors to fix prices, allocate markets, or control production of a product, even if there is no effect on competition...and more...

Competition Law Year in Review 2007

Michael Osborne — Fri, 01 Feb 2008 22:05:18 +0000

Contributors: Michael Osborne , Jennifer Cantwell, Sandra Monardo, Michelle Booth, Sonny Ingram, Hooman Zardarzadeh TOP STORIES Ice storm Ice supplier Arctic Glacier Inc. tried to crush its fledgling competitor, Polar Ice Express Inc. by unlawfully interfering with its economic relations, an Alberta court found...

Commercial Litigation Update – November 2007

Kenneth Dekker — Thu, 01 Nov 2007 03:49:21 +0000

CONTRIBUTORS: KEN DEKKER, MICHAEL OSBORNE, MICHAEL BINETTI,ADAM WYGODNY,AND HOOMAN ZARGARZADEH

CANADA’S TOP COURT DISMISSES SHAREHOLDER CLASS ACTION AGAINST DANIER LEATHER

In October, Canada’s Supreme Court upheld the Ontario Court of Appeal’s decision overturning Canada’s first-ever securities class action judgment in favour of…

Review of Competition Law – April 2007

Michael Osborne — Wed, 11 Apr 2007 02:09:53 +0000

THE LITIGATOR - Review of Competition Law - April 2007 Contributors: Michael Osborne , Jennifer Cantwell, Kyle Peterson , Sonny Ingram, Michael Binetti, and Adam Wygodny TOP STORIES Appeal court revises test for abuse of dominant position In identifying anti-competitive acts, one must ask whether the conduct had an intended predatory, exclusionary or disciplinary effect on a competitor, not on competition, the Federal Court of Appeal held in overturning the Tribunal’s 2005 finding that Canada Pipe’s rebate program was not anti-competitive....

Commercial Litigation Update – November 2006

Meredith Hayward — Wed, 01 Nov 2006 03:45:36 +0000

CONTRIBUTORS: MEREDITH HAYWARD, KENNETH DEKKER, PAUL EMERSON, KYLE PETERSON,AND ADAM WYGODNY

SUPREME COURT OF CANADA CONFIRMS LITIGATION PRIVILEGE OF LIMITED DURATION

In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it…

Commercial Litigation Update – June 2006

Michael Osborne — Sun, 11 Jun 2006 02:49:08 +0000

CONTRIBUTORS: MICHAEL OSBORNE, JENNIFER CANTWELL, KYLE PETERSON, KENNETH DEKKER, PAUL EMERSON AND STEPHANIE GABOR

UNFAIR INTERCORPORATE TRANSACTIONS OPPRESSED FORD CANADA SHAREHOLDERS

An unfair intercorporate transfer price system in place between Ford Motor Company of Canada and its US parent, Ford Motor Company,…

Competition Law Update – 2005 Year in Review

Michael Osborne — Sun, 05 Mar 2006 03:18:50 +0000

Contributors: Michael Osborne , Jennifer Cantwell, Paul Emerson, Angela Yadav, Sonny Ingram, and Michael Binetti TOP STORIES Rona keeps Sherbrooke store In May, the Competition Tribunal rescinded a September 2003 consent agreement, allowing home improvement retailer Rona Inc. to keep the Sherbrooke , Quebec store it agreed to sell to gain Bureau approval of its acquisition of Réno-Dépot. The Tribunal found that Home Depot’s imminent arrival was a change in the circumstances that led to the consent agreement, and that the agreement would not have been made in the present circumstances. The Tribunal rejected the Commissioner’s arguments that it should refuse to rescind the agreement as a matter of discretion. The Tribunal’s decision is the first time that the Competition Act’s variation / rescission provision (s. 106) has been applied to a consent agreement. Because consent agreements are negotiated and made by the parties, not the Tribunal, the Tribunal must look to the intentions of the parties. The Tribunal also emphasized that the Commissioner must be responsive to changing circumstances.

Commercial Litigation Update – November 2005

Michael Osborne — Fri, 11 Nov 2005 03:36:04 +0000

CONTRIBUTING AUTHORS: MICHAEL OSBORNE, HARRY MCMURTRY, KENNETH DEKKER

DOES WORLD WIDE WEB MEAN WORLDWIDE LIABILITY FOR CYBER LIBEL?

The internet’s nature as a medium that is at once everywhere and nowhere leads to difficulties in applying traditional tests for jurisdiction. Courts in…