No defined limit on AMPs, court says
A recent decision of the Ontario Court of Appeal upholding the Ontario Securities Commission power to impose administrative monetary penalties, or AMPs, of up to $1 million suggests that even higher AMPs provided for in the Competition Act would also be upheld. (The case is Rowan v. Ontario Securities Commission. For a summary of this decision, see How high is too high?) AMPs have become rampant in Canadian legislation in recent years (see Raising the AMPerage). Thus while this decision relates to securities law, it will be of interest to lawyers practising in other areas that provide for AMPs, notably, ... [more] Full article
Insurance Bureau must supply data pending hearing
The Insurance Bureau of Canada must continue to supply the Used Car Dealers Association of Ontario with claims data pending the hearing of UCDA's application for a permanent order that ... [more] Full article
The year of the guideline
2007 was the year of the guideline. The Competition Bureau issued six guidelines and bulletins, some in draft, some in final form. [more] Full article
Rebate program case settles
Canada Pipe agrees to offer alternative modified rebate program
Canada Pipe Company Ltd. and the Competition Bureau have settled their long running dispute over the rebate program offered by Canada Pipe to its distributors by filing a consent agreement with the Competition Tribunal. This brings to an end an abuse of dominance case begun in 2002. [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.
