Not out of hot water: Direct Energy’s exit does not end abuse case
The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition Tribunal held recently. In 2012, the Commissioner of Competition launched abuse of dominance applications against two residential hot water heater rental companies, Direct Energy and Reliance Comfort Partnership. The Commissioner alleged that the two companies used a variety of tactic designed to make it difficult for consumers to switch to a hot water heater from a competitor. 2014 saw major changes to the hot water heater market. Reliance settled the case by agreeing to pay an administrative monetary penalty (AMP) ... [more] Full article
Efficiencies Save Landfill Merger, Supreme Court rules
A landfill merger that gave the buyer a monopoly and would prevent prices from falling was saved by efficiencies amounting to one-half of one person’s annual salary, the Supreme Court ... [more] Full article
The Ebooks Saga: Kobo’s challenge explained
Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications ... [more] Full article
Kobo Obtains Stay of Ebooks Settlement
The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the ... [more] Full article
Competition Tribunal Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
