During contested shareholders’ meetings, boards often resort to certain defensive tactics in order to retain power; sometimes these measures are effective. However, directors must be careful to act in the best interests of the company, as courts may perceive such tactics as unlawful attempts to entrench the current board’s hold on the corporation. In Concept…
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…
Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently. The charges stem from a bid by the company he founded, Bennett Environmental Inc., to work on an environmental cleanup project in New Jersey. Bennett Environmental was an environmental soil remediation…
Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in Canada. Kobo’s case also highlights a little-known area of risk that Canadian businesses face. Canadians have taken to ebooks and…
TOP STORIES Curb Appeal As a trade association, the Toronto Real Estate Board does not compete in the real estate market and therefore cannot be liable for abuse of dominance, the Competition Tribunal held, rejecting the Commissioner of Competition’s attempt to force TREB to allow Realtors to post more information on the Internet. The Federal…
In our annual forecast of the year ahead for Canadian competition and foreign investment review law, the Davies Competition Law and Foreign Investment Group outlines the “Top 10″ key issues and trends to watch for this year. 1. A Green Light for Class Actions by Indirect Purchasers The Supreme Court of Canada issued an important…
Canadian Competition Law Blog 