Reliance loses bid to end abuse of dominance case
A recent Competition Tribunal decision was cold comfort for hot water heater supplier Reliance Comfort Limited Partnership. The Tribunal dismissed Reliance’s attack on the Commissioner of Competition’s pleadings. The Tribunal held that the Commissioner need only set out the material facts on which he is relying; not factual or economic evidence. Also, a respondent will not be permitted to seek the Commissioner’s evidence under the guise of requesting particulars. Abuse of dominance alleged by the Commissioner In late 2012, the Commissioner of Competition commenced an application against Reliance accusing it of engaging in anti-competitive practices that will harm competition in ... [more] Full article
UCDA and IBC reach settlement
The Used Car Dealers Association of Ontario and the Insurance Bureau of Canada have settled UCDA’s refusal to deal case. UCDA is a trade association representing 4,500 Ontario car dealers. ... [more] Full article
New Abuse of Dominance Guidelines Provide Less Guidance
The Competition Bureau has released the final version of its updated Enforcement Guidelines on Abuse of Dominance. The new Abuse Guidelines are much slimmer than the 2001 guidelines they replace. ... [more] Full article
Injunction chickens come home to roost
The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. [more] Full article
Civil Anti-Competitive Conduct Contributors
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
