Articles 2019

On April 11, 2016, the OBA International Law section hosted a program featuring remarks from Alan Lenczner, founding partner at Lenczner Slaght Royce Smith Griffen LLP, Peter Jervis, senior counsel at Rochon Genova LLP and Luis Sarabia, senior partner at Davies Ward Phillips & Vineberg LLP. The session was moderated by Kim Bernhardt, principal at Bernhardt Arbitration and Mediation. This article provides an overview of some of the key points discussed and takeaways from this session.

Greg Kanargelidis and Zachary Silver provide an analysis of the CITT decision in Stylus Sofas, in which the Tribunal considered whether certain furniture designed for use in hotels was intended for domestic purposes, and confirmed that the test to be applied is the intended use of the goods in issue, as opposed to their actual use. The case provides noteworthy lessons about the evidence that importers should maintain to establish intended use.

It has been three years since the negotiations for the Trans-Atlantic Trade and Investment Partnership (TTIP) started and despite the optimism of official statements, there has been little progress on certain contentious issues between the EU and US. One of the main challenges is Investor-State Dispute Settlement (ISDS). This article provides an overview of the European position on ISDS and how it will affect the prospects for successful conclusion of TTIP.

January 16, 2016 marked "Implementation Day" for the historic nuclear non-proliferation and sanctions reduction agreement between the P5+1, the European Union, and the government of Iran. Canadian companies are poised to become significant players in Iranian markets, provided that the government of Canada takes prompt action to amend its Iran sanctions program to level the playing field for Canadian businesses competing with foreign companies for these new opportunities.

The recent proliferation of affirmative threat of injury findings by the Canadian International Trade Tribunal (CITT) indicates problems with the CITT's approach to its threat of injury analyses. The CITT's findings are vulnerable to challenge and being determined by the WTO Dispute Settlement Body to violate Canada's international obligations. In this article, Jesse Goldman and Laura Murray of Bennett Jones discuss the details of this concerning trend.

On October 22nd, 2015, the OBA International Law section hosted a program featuring remarks from Member Jean Bédard of the Canadian International Trade Tribunal (CITT) and Ben Mills, senior partner at Conlin Bedard LLP, and moderated by Michael Solursh, Counsel for the Legal Services Branch of the Ministry of Citizenship, Immigration and International Trade of Ontario. This article provides a summary of some of the key points discussed at this session.

Canadians have expressed a revitalized interest in the plight of refugees in recent weeks, precipitated by tragic photos depicting the Kurdi family's attempted escape from Syria. However, there is only some discussion of challenges that refugees face after they arrive in Canada. One of these challenges is access to health care. This issue was addressed recently by the Federal Court, which applied international legal principles in tackling a constitutional question.

"I want to give you a potato." When I saw the message, my eyes started to tear up because I knew that giving me a bowl of cooked cassava was their way of showing gratitude for all the help I had given them and their restaurant business. As lawyers, we have been trained to think critically and ask questions. Unfortunately, these are not components that have been present in public education in Tanzania. But there are ways we can help.

Trade negotiations for the Trans-Pacific Partnership (“TPP”) have become a hot topic in the Canadian federal election campaign both for the agreement's significance and timing. This article provides a summary of what each of the four main Canadian political parties has said publicly about the TPP.

Kimberley Byers and Sophie Chiasson provide an overview of the Supreme Court of Canada's recent jurisdictional decision in Chevron Corporation v Yaiguaje (2015 SCC 42) and the implications of the decision for human rights and access to justice.