Articles 2019

Aujourdʼhui
Aujourdʼhui
Bringing International Human Rights Cases to Canadian Courts: A Program Summary

Bringing International Human Rights Cases to Canadian Courts: A Program Summary

  • 06 juin 2016
  • Bethanie Pascutto

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.

Droit international
There's No Place Like Home: CITT Rules Hotels Are Not Domestic Settings

There's No Place Like Home: CITT Rules Hotels Are Not Domestic Settings

  • 11 avril 2016
  • Greg Kanargelidis and Zachary Silver

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.

Droit international
TTIP and Europe’s ISDS Dilemma

TTIP and Europe’s ISDS Dilemma

  • 30 mars 2016
  • Catalin Tripon

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.

Droit international
Implementation Day for the P5+1 Iran Nuclear Agreement: What It Means for Canadian and International Businesses

Implementation Day for the P5+1 Iran Nuclear Agreement: What It Means for Canadian and International Businesses

  • 19 janvier 2016
  • Milos Barutciksi, Matthew Kronby and Jessica Horwitz

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.

Droit international
Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases

Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases

  • 15 janvier 2016
  • Jesse Goldman and Laura Murray

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.

Droit international
Procurement Commitments Under International and Domestic Trade Agreements: A Summary

Procurement Commitments Under International and Domestic Trade Agreements: A Summary

  • 26 novembre 2015
  • Sheena Singh

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.

Droit international
Health Care for Refugees in Canada: Recognizing International Human Rights

Health Care for Refugees in Canada: Recognizing International Human Rights

  • 20 octobre 2015
  • Jerico Espinas

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.

Droit international
Seeking Canadian Lawyers to Help Entrepreneurs in Africa: The Canada-Africa Women's Business Mentorship Network

Seeking Canadian Lawyers to Help Entrepreneurs in Africa: The Canada-Africa Women's Business Mentorship Network

  • 20 octobre 2015
  • Lisa Tan

"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.

Droit international
Access to Justice in International Tort Cases: <em>Chevron Corporation v Yaiguaje</em>

Access to Justice in International Tort Cases: Chevron Corporation v Yaiguaje

  • 21 septembre 2015
  • Kimberley Byers and Sophie Chiasson

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.

Droit international