Proffers to Competition Bureau must be disclosed to accused, court says
Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of Justice recently held in R. v. Nestlé Canada Inc. Chocolate bar makers accused of chocolate price fixing Chocolate bar makers Nestlé Canada Inc. and Mars Canada Inc., and several executives, were charged with numerous counts of price fixing contrary to the Competition Act after an investigation by the Competition Bureau. As part of its investigation, the Bureau received information from two other chocolate bar makers, Cadbury Canada Inc. ... [more] Full article
Auto Parts Supplier Fined $4.5 Million For Bid-Rigging
A Japanese motor vehicle components supplier, Yamashita Rubber, pleaded guilty to participating in an international bid-rigging conspiracy and was fined $4.5 million by the Ontario Superior Court of Justice. Yamashita ... [more] Full article
Sixth auto parts fine brings total to over $51 million
DENSO Corporation recently pleaded guilty to three counts of bid-rigging under the Competition Act and was fined $2.45 million, the Competition Bureau announced recently. DENSO was involved in an international ... [more] Full article
Criminal Investigations and Cross Border Litigation Not A Bar to US Depositions
The Superior Court of Ontario recently granted an application for the enforcement of letters rogatory to take evidence of, and compel the production of documents by, two non- party Ontario residents in a consolidated multidistrict class action in the US. The Court held that the conditions for enforcement were met and, importantly, rejected the arguments of the Respondents to the application that permitting the examinations would violate the respondent’s rights against self-incrimination.... [more] Full article
Criminal Matters 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.
