Archived Litigation Status Reports

The following information was available in previous Litigation Reports.

Civil Matters

Telecom Public Notice CRTC 2005-2 (Forbearance from Regulation of local Exchange Services)

Canadian Radio-Television and Telecommunications Commission

Assigned Counsel: J. Palumbo

Opposing Counsel: 52 Interested parties

Nature of Matter: Intervention s. 125 Competition Act in respect of forbearance from regulation of local exchange services.

Status: Hearing held: CRTC decision issued April 6^th, 2006

Hyperlink:
http://www.crtc.gc.ca/archive/ENG/Decisions/2005/dt2005-2.htm

United Grain Growers Limited v. Commissioner of Competition

Competition Tribunal (Ottawa)

Assigned Counsel: J. Syme, J. Chaplan, E.C. Yuh

Opposing Counsel: K. Thomson, S. Forbes (Davies Ward Phillips & Vineberg)

Nature of Matter: application under s. 106 of the Competition Act for rescission of Consent Agreement

Status: Commissioner filed Motion on August 30, 2006, seeking a show cause order - will be heard on Sept. 6;
A.U. filed cross motion seeking direction re the various matters;
decision released on September 7, 2006.

Hyperlinks:
http://www.ct-tc.gc.ca/CMFiles/CT-2002-001_0204a_38POG-9282006-2149.pdf?windowSize=popup
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=68&CaseID=174 - 365

Commissioner of Competition v. Gestion Lebski Inc.

Competition Tribunal (Ottawa)

Assigned Counsel: C. Sauriol, A.-M. Desgens, (QRO), J-M. Kalubiaka

Opposing Counsel: S. Teasdale, A. Ajami (Miller Thomson Pouliot Sencrl)

Nature of Matter: application under s 74.01 of the Competition Act in respect of alleged false or misleading representations regarding health spas

Status: hearing scheduled before the Competition Tribunal for May 1, 2006; decision released on September 8, 2006. The Tribunal found that the representations made to the public were false or misleading in a material respect and issued a prohibition order.

Hyperlinks:
http://www.ct-tc.gc.ca/CMFiles/CT-2005-007_0079_45KHH-9122006-3527.pdf?windowSize=popup
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=68&CaseID=260 - 360

The Commissioner of Competition v. The Dosco Group Inc., Fabutan Corporation Fabutan Studios and Douglas Scott McNabb, President c.o.b. as Fabutan Sun Tan Studios

Competition Tribunal (Calgary)

Assigned Counsel: A. Brantz, S. Graham (HQ)

Opposing Counsel: self represented

Nature of Matter: application under s.74.01 of the Competition Act in respect of alleged false or misleading representations through on-line and printed promotional materials on health benefits of indoor tanning

Status: hearing scheduled for January 9, 2006;
case withdrawn

Hyperlink:
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=68&CaseID=248 - 341

Commissioner of Competition v. Éconoco inc. and Réal Laroche, Claude Tardif

Competition Tribunal, Ottawa

Assigned Counsel: J.-M. Kalubiaka, J. Syme

Opposing Counsel: Martin Marceau Prévost, Fortin, D'Aoust

Nature of Matter: application filed on February 22^nd, 2006 under s.74.01(1)(a) and ((b) of the Competition Act in respect of alleged false or misleading representations.

Status: hearing set for 2 to 6 October 2006 and 6 to 20 October 2006 in Ottawa; A Consent was filed and registered on September 28, 2006.

Hyperlinks:
http://www.bureaudelaconcurrence.gc.ca/epic/site/cb-bc.nsf/fr/02203f.html
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=67&CaseID=270 - 375
http://www.ct-tc.gc.ca/CMFiles/CT-2006-002_0017a_38IXK-1032006-3172.pdf?windowSize=popup

Waste Management of Canada Corporation v. Commissioner of Competition

Competition Tribunal, Ottawa

Assigned Counsel: B. Miller, E.C. Yuh

Opposing Counsel: M. Nicholson, C. Hersh

Nature of Matter: Consent application for the rescission of 1992 order. Application brought under s. 106 of the Competition Act.

Status: Order was granted on November 21, 2006.

Hyperlinks:
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=67&CaseID=277#382
http://www.ct-tc.gc.ca/CMFiles/CT-2006-009_0013_45KTM-11222006-3424.pdf?windowSize=popup

The Commissioner of Competition v. Polar Spas Ltd and Ken Nickel

Federal Court (Ottawa)

Assigned Counsel: J. Syme (CLD), S. Lilkoff (CLD)

Opposing Counsel: None.

Nature of Matter: The Respondents failed to pay an AMP contrary to their undertaking to do so pursuant to a Consent Agreement. The Commissioner filed an action before the Federal Court to seek an order against the Respondents for the payment of this AMP. The Respondents did not file a defence.

Status: On April 12, 2007, the Federal Court allowed the action and ordered the Respondents to pay the AMP.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02300e.html

Dr. Mary Jane Ashley et al. v. Sheridan Scott, Commissioner of Competition

Federal Court (Toronto)

Assigned Counsel: R. Hofley, A.Newman, M. Pierce (HQ)

Opposing Counsel: R. W. Cosman (Fasken Martineau DuMoulin)

Nature of Matter: application for an order, in the nature of a mandamus, directing the Commissioner to proceed with and complete an inquiry initiated following a six residents’ complaint by the applicants, into alleged false and misleading representations by the tobacco industry.

Status: hearing scheduled for February 7, 2006;
decision released on April 7, 2006;
notice of appeal filed by applicant on May 7th, 2006;
NSRA’s appeal factum received on August 16, 2006;
Commissioner’s factum was filed on October 2, 2006;
appeal has been withdraw.

Hyperlink:
http://decisions.fct-cf.gc.ca/en/2006/2006fc459/2006fc459.html

Commissioner of Competition v. Canada Pipe Company Ltd. and Tuyauteries Canada Ltd.

Competition tribunal (Ottawa)

Assigned Counsel: R. Nassrallah, R. Levine, L.Milton

Opposing Counsel: K. Thomson, E. Babin, J. Doris, C Tingley (Davies Ward Phillips & Vineberg)

Nature of Matter: appeal and cross-appeal of a decision of the Competition Tribunal relating to section 79 of the Competition Act

Status: appeal heard February 8, 2006;
Decision released on June 23, 2006;
Leave to appeal was filed at the SCC;
On May 10, 2007, the SCC denied Canada's Pipe's application for leave to appeal; Consent agreement was filed on December 19, 2007.

Hyperlink:
http://decisions.fca-caf.gc.ca/en/2006/2006fca233/2006fca233.html
http://decisions.fca-caf.gc.ca/en/2006/2006fca236/2006fca236.html
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02328e.html
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=67&CaseID=163 - 216

The Commissioner of Competition v. Labatt Brewing Company Limited, Lakeport Brewing Income Fund, Lakeport Brewing Limited Partnership

Competition Tribunal (Ottawa)

Assigned Counsel: R. Levine (CLD), B. Miller (CLD), J. Rook

Opposing Counsel: N. R. Finkelstein, B.A. Facey, C. Beagan Flood, M.V. Wood (Blake, Cassels & Graydon LLP)

Nature of Matter: application for an interim order pursuant to section 100 of the Competition Act prohibiting the respondents from closing the acquisition of units of Lakeport Brewing Income Fund.

Status: the hearing held on March 27, 2007; decision released on March 28, 2007 and the application was dismissed; a notice of appeal has been filed with the Federal Court on April 11, 2007; Appeal dismissed on January 22, 2008.

Hyperlinks:
http://www.ct-tc.gc.ca/english/casedetails.asp?x=67&caseid=282
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02297e.html
http://decisions.fct-cf.gc.ca/en/2008/2008fc59/2008fc59.html

Janie Bédard c. Kellogg Canada Inc.

Federal Court of Appeal, Ottawa

Assigned Counsel: D. Pelletier, C. Joyal, J. Langsner (HQ); J. Richstone, S. Lamoureux

Opposing Counsel: Unterberg, Labelle, Lebeau (for plaintiff); Fasken Martineau DuMoulin LLP (for Kellogg)

Nature of Matter: private action for damages pursuant to s. 36 of the Competition Act. Kellogg has submitted that s. 36 of the Act, in conjunction with s. 52, is unconstitutional.

Status: the A.G. of Canada has intervened to defend the constitutionality of the provisions. On May 16, 2007, the Federal Court allowed in part the application of Kellogg to strike out the statement of the Plaintiff and dismissed the motion of the Plaintiff to certify the action as a class action.
Notice of appeal was filed by the Plaintiff on June 13, 2007.The appeal was dismissed on April 8, 2008 and the AG did not intervene in this appeal.

Hyperlink:
http://decisions.fct-cf.gc.ca/fr/2007/2007cf516/2007cf516.html [only available in French]

http://decisions.fca-caf.gc.ca/fr/2008/2008caf125/2008caf125.html [only available in French

The Commissioner of Competition v. Imperial Brush Co. Ltd. et al.

Competition Tribunal (Halifax)

Assigned Counsel: W. Miller (CLD), S. Lilkoff (CLD), R. Nassrallah (CLD)

Opposing Counsel: D. Campbell (Cox & Palmer, Halifax)

Nature of Matter: The Commissioner filed an application under s.74.1 of the Competition Act against the Respondents. The Respondents make and advertise chimney cleaning products. The Commissioner alleged that the representations made by the Respondents about the performance and efficacy of these products are not based on adequate and proper tests.

Status: On February 7, 2008, the Commissioner of Competition obtained a favourable court order from the Competition Tribunal against the Respondents. The Competition Tribunal ruled that the representations made about the performance and efficacy of the products are not based on adequate and proper test. The Competition Tribunal ordered the Respondents to stop making these representations and to pay an administrative monetary penalty of $25,000. On May 14, the Tribunal ordered the Respondents to pay part of the Commissioner's costs and also to publish a notice in newspapers related to the decision of the Tribunal.

Hyperlink:
http://www.ct-tc.gc.ca/english/CaseDetails.asp?x=233&CaseID=278#383

Prosecutions

Please note that the following proceedings have not all been adjudicated upon by a court of law. Until the allegations in each of the following proceedings have been proven beyond a reasonable doubt, all the accused are to be presumed innocent until proven guilty according to law.

R. v. Benlolo et al.

Ontario Court of Appeal (Toronto)

Assigned Counsel: G. Reitz (ORO), J. Marshall

Opposing Counsel: L. Sabsay (Cohen, Sabsay LLP)

Nature of Matter: appeal of sentences imposed following convictions under s. 52 of the Competition Act - false or misleading representations. Alan and Elliot Benlolo received 34 months imprisonment and a $400,000 fine. Simon Benlolo sentenced to a 9 month conditional sentence and $100,000 fine. Prohibition order imposed on all appellants.

Status: appeal heard on November 25, 2005;
Decision released on June 8, 2006. Simon Benlolo's fine reduced to $35,000.

Hyperlink:
http://www.ontariocourts.on.ca/decisions/2006/june/C42553.htm

R. v. Tom Taylor & Ravenshoe Services Ltd.

B.C. Provincial Court (Surrey)

Assigned Counsel: J. Marshall

Opposing Counsel: I. Donaldson (Donaldson, Jette, Vancouver)

Nature of Matter: charges under ss. 202, 206, 207  Criminal Code for their role in running Lottery direct mail promotions called Canadian Lottery Buyers Association (CLBA), International Lottery Commission (ILC), and International Monetary Funding (IMF)

Status: charges laid: July 2004;
negotiations for a guilty plea ongoing;
on June 19 2006, the accused pleaded guilty;
on December 13, 2006 the accused was ordered to pay a fine of $225,000 and perform 100 hours of community service.

Hyperlinks:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02242e.html
http://www.provincialcourt.bc.ca/judgments/pc/2006/05/p06_0562.htm

R. v. Stalin McIntosh

Ontario Court of Justice (Toronto)

Assigned Counsel: G. Caracciolo, B. Peres

Opposing Counsel: G. Peter Abrahams

Nature of Matter: charges under ss. 55.1 and 52 of the Competition Act and sec. 206 of the Criminal Code relating to the alleged operation of a pyramid scheme.

Status: charges laid: November, 2004;
trial set for October 16, 2006 to November 3, 2006;
accused pled guilty to one charge under s. 55.1 of the Competition Act;
the accused passed away; the proceedings are abated, and the conviction has not been vacated.

R. v. Richard Guertin

Cour du Québec (Hull)

Assigned Counsel: G. Pinsonnault, V. Chénard

Opposing Counsel: J. Parent

Nature of Matter: charges under ss. 52(1), 55(2.1), 55.1(1) & 55.1(1)(b) of the Competition Act for alleged false or misleading representations in respect of multi-level marketing and scheme of pyramid selling

Status: charges laid: July 12, 2002;
pro forma date on September 1, 2006;
the accused agrees to sign a prohibition order pursuant to s. 34(2);
prohibition order under s. 34(2) was issued by the Superior Court of Quebec on March 7, 2007 and stay of proceedings was ordered related to charges in Cour du Québec.

R. v. Edward Harry Leefe and Lexcan International Corporation and Calcom Business Centre and Lexam International Corporation and MPL and H&P Communications Incorporated

Ontario Superior Court (Ontario)

Assigned Counsel: J. Palumbo, R. Dupont

Opposing Counsel: D. Affleck, J. Cantwell (Affleck, Greene, Orr LLP)

Nature of Matter: charges under ss. 52 and 52.1 of the Competition Act, and ss. 380, 465 of the Criminal Code for alleged deceptive telemarketing, fraud and conspiracy charges in respect of allegedly false or misleading representations to Canadian businesses by claiming to be regular supplier of toner products.

Status: charges laid: Sept. 2003;
committal for trial on all 31 charges;
case management for guilty plea November 14, 2006;
Plea and sentencing hearing was on March 30, 2007; Mr. Leefe was sentenced to a $50,000 fine,18 months conditional sentence and a 10 year prohibition order; the corporation received a 1.5 million dollars fine.

R. v. Michael Mouyal

Superior Court of Quebec (Montreal)

Assigned Counsel: R. Benoit (QCRO), V. Chénard

Opposing Counsel: D. Lighter (Boro, Polnicky, Lighter)

Nature of Matter: charges under s. 52.1 of the Competition Act for alleged deceptive telemarketing practices in the supply of business directories and various office supplies by the following companies: Commercial Business Supplies, Merchant Transaction Supplies, Merchant Supply Services and International Business Directories.

Status: charges laid: November 12, 2002;
Michael Mouyal pleaded guilty on November 20, 2006; all other accused had already pleaded guilty.
Pro forma date was scheduled for December 18, 2006, to set a date for sentencing hearing;
sentencing hearing scheduled for March 8-9, 2007;
decision on sentencing released on May 29, 2007; Michael Mouyal was fined $1,000,000 and received two years probation, 240 hours of community service and a 10 year probation order. A restitution of $30,000 to the complainants was also ordered.

Hyperlink:
http://www.bureaudelaconcurrence.gc.ca/epic/site/cb-bc.nsf/fr/02350e.html

R. v. Bugden’s Taxi (1970) Limited, Dave Gulliver’s Cabs Limited, Lockey Haven Ltd, Northwest Taxi (1985) Limited, The Mall Cabs Limited, St. John’s Taxi Cooperative Society Limited, David T. Fleming, Thomas K Hollett, David Gulliver, Peter S.Crosbie, Peter Errol Gulliver, Paul  Maxwell Kennedy, and Albert E Newell.

Supreme Court Trial Division of Newfoundland & Labrador (St. John’s)

Assigned Counsel: R. Dupont, D. Browne (Browne, Fitzgerald, Morgan & Avis)

Opposing Counsel: R. E. Simmonds, P. Coffee, T. N. Bridger, K. Baker, J. McGraw, R. Buckingham (St John’s, Newfoundland)

Nature of Matter: charges under s. 45(1)(c) of the Competition Act relating to an alleged agreement between parties forming the St. John’ Taxi authority to rig bids in three of the most important taxi services contracts: Health Care Corporation, Airport Authority & Memorial University.

Status: charges laid: July 2004;
closing arguments July 5, 2006;
decision was released on September 18, 2006. The preliminary inquiry judge of the Provincial Court ordered that the accused be discharged.;
certiorari motion filed to seek to have the discharge set aside and have the accused committed to trial;
Certiorari hearing scheduled for June 11-23, 2007;
The Court dismissed the motion on June 26, 2007

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02218e.html

R. v. Simon Gouin and 9089-9816 Québec Inc, operating under the name Centre d’expédition direct (CED)

Cour du Québec, Montreal

Assigned counsel: G. Pinsonnault, J.-M. Kalubiaka

Opposing Counsel: M. Massicotte

Nature of Matter: charges under s. 52.1 of the Competition Act relating to the telemarketing of supplies used in bank machines.

Status: On December 20, 2006, court imposed a $75,000 fine against Mr. Gouin. Both the company and Mr. Gouin are subject to a prohibition order for a period of 10 years.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02244e.html

R. v. Shamrock Maintenance & Hotshot Services Ltd., Pete’s Custom Coachwork (1998) Inc., 608772 Alberta Ltd. c.o.b. as Birchwood Auto Body, Alberta Motor Products Ltd., Noral Motors (1983) Ltd. c.o.b. as Noral Collision, and 820139 Alberta Ltd. c.o.b. as Lane’s Auto Shop

Federal Court

Assigned counsel: R. Dupont

Opposing Counsel: A. Pringle, R. Gregory, R. Philion, M. Duckett, B. Zalmanowitz, T. Lane

Nature of Matter: charges under s.45 and s.61 of the Competition Act relating to the price fixing and price maintenance involving six auto body repair shops.

Status: On February 15 2007, court order was issued to prohibit the commision of any acts or things constituting or directed toward an offence under ss. 45(1)(c) and 61(1)(a).

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02280e.html

R. v. National Supply Centre (1462986 Ontario Inc.); Andrew James Wilson

Ontario Provincial Court, Toronto

Assigned Counsel: J. Marshall, L. Strezos

Opposing Counsel: B. Radnoff (Lerners LLP)

Nature of Matter: charges under s.52.1 of the Competition Act and s.380 of the Criminal Code relating to the telemarketing of toner products.

Status: Charges laid March 30, 2006.

Preliminary hearing scheduled for January 21 to February 1st, 2008;

On August 17, 2007, one of the accused, Andrew James Wilson, pleaded guilty on behalf of himself and the company. The company was ordered to pay a fine of $804,308; Mr. Wilson got a 15-month conditional sentence and both were prohibited from engaging any form of telemarketing for a period of 10 years.

R. v. Oleg Alex Oks and Aleksandr Oks

Ontario Court of Justice (Toronto)

Assigned Counsel: G. Caracciolo, V. Chénard

Opposing Counsel: J. J. Navarrete (Greenspan, White), M. Lacy (Kelly & Lacy)

Nature of Matter: charges under s. 52.1 of the Competition Act and fraud over $5000 contrary to s. 380 of the Criminal Code relating to an alleged deceptive telemarketing advance fee credit card scheme.

Status: charges laid: September 2005;
Guilty Plea entered by Oleg Alex Oks and Aleksandr Oks to charge under section 52.1(3)(a) of Competition Act. Sentencing hearing was on September 5, 2007. Oleg Oks was sentenced to one year imprisonment and two years probation and Aleksandr Oks was sentenced to six-month conditional sentence and 12 months probation. Both received a 10 years prohibition order under s.34(1) of the Competition Act.

R. v. Ibiden Co. Ltd.

Federal Court of Canada, Toronto

Assigned counsel: W. Miller, E. Campbell

Opposing Counsel: R.T. Hughes (McCarthy Tétrault LLP)

Nature of Matter: charges under s. 45 of the Competition Act relating to the price fixing of isostatic graphite.

Status: Charges laid on September 11, 2007. The company has pleaded guilty and was fined $50,000.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02446e.html

R. v. Bayer AG and Bayer Corporation

Federal Court of Canada

Assigned counsel: R. Levine, L. Boucher

Opposing counsel: R. Hughes, S. Paul, J. Pratt

Nature of Matter: charges under s. 45 of the Competition Act relating to price fixing conspiracies in the rubber and chemicals industry.

Status: On October 30 2007, Bayer Group pleaded guilty for their participation in three international price fixing conspiracies. Bayer AG was fined $2.9 million related to the rubber chemical conspiracy and $400,000 for the nitrite rubber conspiracy. Bayer Corporation was fined $345,000 for the aliphatic polyester polyols conspiracy.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02510e.html

R. v. SEC Carbon, Ltd.

Federal Court of Canada

Assigned counsel: E. Campbell, B. Miller

Opposing counsel: J. Rook

Nature of Matter: charges under s. 45 of the Competition Act relating to price fixing conspiracy in the graphite electrodes market.

Status: On November 9 2007, SEC Carbon has pleaded guilty to participating in a conspiracy. The company has been fined $250,000.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02512e.html

R. v. Datatech Communications Inc. et al.

Cour du Québec, Montreal

Assigned Counsel: E. Campbell, N. Pfeifer

Opposing Counsel: Dr. Lighter, L. Cavaliere, L. Joncas and T. Perron

Nature of Matter: charges under s. 52.1 of the Competition Act relating to  deceptive telemarketing behavior.

Status: Charges laid on June 11, 2007 against eleven individuals. Appearance was on July 5, 2007; stay of proceedings.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02358e.html

R. v. Perreault

Cour du Quebec, Laval

Assigned counsel: G. Pinsonnault, S. Hould

Opposing Counsel: G. Pariseau

Nature of Matter: charges of obstruction and destruction under ss. 64 and 65 of the Competition Act relating to an investigation of bid-rigging allegations in the contruction sector.

Status: Charges laid on September 8, 2007. The trial began on June 12 and resumed on October 23, 2007. On October 23, 2007, the Court rendered a decision related to the non suit motion filed by the defendant. The Court granted the motion on the charge of destruction and dismissed the motion on the charge of obstruction. Trial on the charge of obtruction; stay of proceedings.

R. v. Albert Mouyal et al.

Cour du Québec (Montreal)

Assigned Counsel : V. Chénard, R. Benoit (QCRO)

Opposing Counsel: Mr Trudeau

Nature of Matter: charges under s. 52.1 of the Competition Act in respect of alleged deceptive telemarketing practices in the supply of paper products for interac and credit card machines, and the supply of business directories by the following companies:  Associated Merchant Paper Supply Centre and Hanson Publications

Status: charges laid: November 12, 2002;
Pretrial set for September 10, 2007;
Trial was from November 12-23, 2007; on February 26, the Court found the accused guilty for all charges on May 23, 2008, Mr. Mouyal received a 15 months conditional sentence, 10 year prohibition order and 100 hours of community service.

R. v. Ultramar Ltée and Jacques Ouellet et al.

Cour supérieure du Québec, Victoriaville

Assigned counsel: G. Pinsonneault

Opposing counsel: L.P. Bélanger, E. Downs

Nature of matter: Charges under s.45 of the Competition Act relating to the price fixing of gasoline in Victoriaville, Thetford Mines.

Status: Charges laid on June 12, 2008. Three companies and one individual pleaded guilty. Les Pétroles Therrien inc and Distributions Pétrolières Therrien Inc. were fined $179,000, Ultramar Ltée was fined $1,850,000 and Jacques Ouellet was fined $50,000.

Hyperlink:
http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02694e.html

International Litigation

United Parcel Service of Canada, Inc. v. Government of Canada

NAFTA Tribunal (Washington, D.C.)

Assigned Counsel: H. Baker, J. Palumbo

Opposing Counsel: B. Appleton (Appleton & Assoc,)

Nature of Matter: arbitration under ch. 11 of NAFTA served on Government of Canada by United Parcel Services involving allegations that Canada has not taken measures to prevent anticompetitive activities by a government monopoly (Canada Post) contrary to ch. 15 of NAFTA.

Status: hearing took place December 12 to 17, 2005; On June 12, 2007, the NAFTA arbitration Tribunal released its decision, rejecting all claims brought by UPS. UPS has three months from the date of release to file an application in the US District Court for the District of Columbia to have the award set aside.

Hyperlink:
http://www.dfait-maeci.gc.ca/common/search/results-en.asp?qu=United+Parcel&lg=en