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. Its Auto Check service provides dealers with information about the accident history of used vehicles. UCDA needs claims data from IBC to offer Auto Check. However, in June 2011, IBC cut UCDA off. UCDA applied to the Competition Tribunal for leave to bring a private application under the Competition Act’s refusal to deal provisions to force IBC to continue to supply this data permanently. The Tribunal granted leave on September ... [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
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
Competition Tribunal Cases: A Two Year Review
In the last two years, there have been no abuse of dominance cases and one contested merger case, which was dropped. Recently, however, amendments to the Competition Act transfer jurisdiction over some anti-competitive agreements and price maintenance to the Tribunal. This article reviews the cases in the Tribunal over the last two years and the recent amendments to the Competition Act, as they affect practice in the Tribunal. [more] Full article
Competition Tribunal Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
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.
