News & Analysis as of

Tribunals Canada

Davies Ward Phillips & Vineberg LLP

Navigating the New Norm: Further Changes to Canada’s Competition Act in Effect

Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already...more

Davies Ward Phillips & Vineberg LLP

Canada’s Competition Act Reforms Include Expanded Power to Challenge Anticompetitive Agreements

The Minister of Finance recently introduced Bill C-56 to implement certain proposals announced by the Prime Minister designed to lower prices and “make life more affordable” for Canadians. The bill provides details of the...more

Davies Ward Phillips & Vineberg LLP

Competition Bureau Tests Canada’s New Drip Pricing Law

Canada’s Commissioner of Competition filed an application under the deceptive marketing provisions of the Competition Act (Act) on May 18, 2023, alleging that Cineplex Inc. is making false or misleading representations to the...more

Davies Ward Phillips & Vineberg LLP

Major Expropriation Reform on the Horizon in Québec

On May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act. Like the current law, the bill will apply to expropriations initiated by both the provincial and municipal governments. The bill...more

Cozen O'Connor

Rogers-Shaw-Videotron Deal Will Increase Competition, Tribunal Finds

Cozen O'Connor on

The Rogers Communications Inc. deal to buy Shaw Communications Inc. after Shaw sells its Freedom Mobile business to Videotron Ltd. will increase competition, Canada's Competition Tribunal found....more

Cozen O'Connor

Commissioner’s Appeal of Rogers-Shaw Decision Likely to Fail

Cozen O'Connor on

The Canadian Commissioner of Competition’s appeal from a decision of the Competition Tribunal allowing the Rogers-Shaw-Videotron deal to go ahead is likely to fail. On New Year’s Eve, the Competition Tribunal dismissed the...more

Blake, Cassels & Graydon LLP

Rejet de la demande du Bureau de la concurrence visant à bloquer les fusions Rogers-Shaw-Vidéotron

La demande déposée par le Bureau de la concurrence (le « Bureau ») visant à bloquer la fusion de Rogers Communications Inc. (« Rogers ») et de « Shaw Communications Inc. » (« Shaw ») (la « fusion »), d’une valeur de 26 G$ CA,...more

Blake, Cassels & Graydon LLP

Competition Bureau Loses Challenge to Rogers-Shaw-Vidéotron Mergers

The Competition Bureau (Bureau) has lost its challenge to the C$26-billion merger between Rogers Communications Inc. (Rogers) and Shaw Communications Inc. (Shaw), given the divestiture of the entirety of Freedom Mobile Inc....more

Stikeman Elliott LLP

Competition Tribunal Issues Second Merger Challenge Decision Since Modernization of Competition Act

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On October 31, 2022, the Competition Tribunal issued its long-awaited – and indeed nearly forgotten – decision in Canada (Commissioner of Competition) v. Parrish & Heimbecker, Limited....more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Law Reform and Trends in 2022

As we look ahead to the trends and issues likely to be at the forefront of Canadian competition law policy and enforcement in 2022, it is clear that discussion of significant potential legislative reforms will be an important...more

WilmerHale

CETA’s dispute settlement mechanism compatible with EU law - a closer look at the CJEU’s opinion

WilmerHale on

Is the Court of Justice Opinion 1/17, in response to Belgium’s concerns over the compatibility of the Comprehensive Economic Trade Agreement (CETA) Tribunals and EU law, a further step towards investor-state dispute...more

Bennett Jones LLP

The National Energy Board's Role in Crown Consultation

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On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

Blake, Cassels & Graydon LLP

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum...more

Bennett Jones LLP

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

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When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of...more

Bennett Jones LLP

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

Bennett Jones LLP on

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Blake, Cassels & Graydon LLP

Competition Tribunal Rescinds Ebooks Consent Agreement, Clarifies Substantive Requirements

KEY TAKEAWAYS: - The Competition Tribunal (Tribunal) requires that consent agreements disclose the basis of the conduct being remedied and the remedy’s rationale. The Tribunal confirms a previous holding that mere...more

Blake, Cassels & Graydon LLP

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Blake, Cassels & Graydon LLP

Legal Trends: Litigation & Dispute Resolution

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. ...more

Bennett Jones LLP

Supreme Court Clarifies Limits on Tribunal Participation in Reviews of Its Own Decisions

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In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more

Bennett Jones LLP

Inconsistent Administrative Tribunal Decisions: The Alberta Court of Appeal Weighs In

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Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held in Altus Group Limited v Calgary (City), 2015 ABCA 86...more

Blake, Cassels & Graydon LLP

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

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