Indirect Purchaser Cases to be Heard by Supreme Court
On December 1, 2011, the Supreme Court of Canada agreed to hear appeals in two cases that raise the issue: can indirect purchasers sue to recover losses arising from a price fixing conspiracy?[i] This issue has bedevilled Canadian courts for years. Direct purchasers are purchasers who buy directly from the participants in a price fixing conspiracy. They obviously pay more for the product than they would otherwise. Indirect purchasers are those purchasers who buy the product itself from the direct purchasers, or who buy products that include the product whose price was fixed. Some indirect purchasers, particularly consumers, may be ... [more]
International arbitrations get deference on merits but not jurisdiction
The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more]
Joint Venture Decision Criminal, Alberta Court Says
An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business. [more]
A Whale of a Fight!
A recent decision from the Ontario Superior Court pits Marineland against Seaworld in a battle of contractual interpretation and the application of foreign law for possession of Ikaika, a killer whale. Ikaika was born in Orlando, Florida in 2002, but since 2006 has been residing in the Marineland facilities in Niagara Falls, Ontario, subject to a Breeding Loan Agreement. In December 2010, Seaworld gave written notice that they wanted their whale back. Marineland refused, so Seaworld launched an application seeking immediate possession. [more]
The Long Arm of US Law Grabs Canadian Executive
Ex-Bennett Environmental Inc. executive sentenced to 50 months for fraud and money laundering
Doing business in the US can be very lucrative. But Canadian (and other foreign) companies and their executives that engage in corrupt practices there can expect to face serious penalties there. [more]
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