The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Administrative monetary penalties


 

Rogers fined $500,000 for not testing claim about dropped calls

We first reported in August 2013 that the Ontario Superior Court of Justice held that Rogers’ advertising claims that customers of its Chatr brand experienced fewer dropped calls than customers ... [more] Full article

Competition Law Review 2013

Review of major Canadian Competition Law developments over the past year, including: Top Stories, Criminal, Class Actions & Private Actions, Mergers, Reviewable Matters, Marketing Practices, Related Developments, The Long Arm of US Antitrust, Across the Pond [more] Full article

Raising the AMPerage

The Spread of Administrative Monetary Penalties in Canada

AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions. [more] Full article

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] Full article