Have judicial robes, can travel: judges can sit in other provinces
Judges of the Superior Court of Ontario may sit and make decisions in courtrooms in other provinces when the Ontario court has jurisdiction over the parties and issues in the proceeding, the Ontario Superior Court held recently: Parsons v. The Canadian Red Cross Society, 2013 ONSC 3053. This decision clarifies that the court’s inherent jurisdiction to control its own process includes the power to use its discretion in determining whether it is in the interest of justice to hold a hearing outside its home province. This decision is important to class action practice, as it has become routine for courts in ... [more]
No pot of gold at the end of the Rainbow
A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded over $5.5 million to the loser of a competitive bidding process: 321665 Alberta Ltd. v. Husky Oil Operations Ltd., 2013 ABCA 221. [more]
Gas price fixers convicted after trial
Canada’s Competition Law
Canada’s Competition Act applies to all businesses and business activities in Canada. All companies doing business in Canada need to be aware of the Act, as penalties for breach of its provisions can be quite severe. For example, the maximum penalty for price fixing is a fine of up to $25 million and 14 years in jail. The Competition Act applies to three main areas of business conduct that can harm competition: coordinated conduct among competitors, abuse of dominance, and mergers. The Act also includes misleading advertising provisions. [more]
Table Manners – Recipes for Negotiators
The legendary basketball coach, John Wooden, once said: “A failure to prepare is preparing to fail.” The same can be said of the negotiator. Preparation is another crucial determinant of the negotiating process. [more]
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