Dial D for deregulation. Massive deregulation and $15 m fines for abuse of dominance among major changes in Canada’s telecommunications industry
Massive deregulation and $15 m fines for abuse of dominance among major changes in Canada’s telecommunications industry
Canada's telecommunications industry is about to experience a massive shift from intrusive sectoral regulation to open markets. The Competition Bureau recently issued guidance on the application of the abuse of dominance provisions of the Competition Act to the telecommunications industry. Industry Minister Bernier has introduced legislation to provide for fines of up to $15 million against a telecommunications service provider found to have abused its dominant position. Mr. Bernier has also announced new rules that will accelerate deregulation of local telephone services. [more]
Lenders not liable for failing funds
If investors borrow money to invest in mutual funds, and the funds do not perform up to expectations, are the lending financial institutions on the hook? This question was the subject of the recent Court of Appeal decision in Baldwin et al. v. Daubrey et al. [more]
When an expert is not really an expert
A recent Ontario Superior Court decision serves as a strong reminder that counsel should ensure that their expert witness is in fact an expert and not merely an advocate dressed up as an expert. [more]
Departing employees and the ongoing battle over investment firm clients
Competition is fierce among investment firms for top producing brokers and, more importantly, their books of business. Often this competition rears its head in the form of litigation against departing brokers and the new firms that employ them. [more]
Restitution or windfall?
Court Certifies class action for consumers who suffered no damages
Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question. [more]
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