Rising Stars

Susana Lee - Cassidy Levy Kent LLP

Firms To Watch: International trade

Launched in January 2022, Kanargelidis Global Trade & Customs Law is a new international trade boutique formed in Toronto by Greg Kanargelidis; he was formerly head of international trade at Blake, Cassels & Graydon LLP.

International trade in Canada

Cassidy Levy Kent LLP

An ‘incredibly knowledgeable‘ trade boutique, Cassidy Levy Kent LLP houses a comprehensive practice that covers trade remedies, trade policies, customs, dispute resolution, and export controls and sanctions. Based in Ottawa, the Canadian group also stands out for its ability to link up with the firm’s Washington DC office to advise on cross-border cases. Stand-out figure Christopher Kent is widely admired for his expertise in the area and recently teamed up with fellow trade specialists Christopher Cochlin, Andrew Lanouette and Michael Milne to represent Restwell Mattresses as the complainant in an antidumping investigation into imports of mattresses from China. The group further benefits from the seasoned expertise of special counsel Lawrence Herman, as well as senior counsel Gerry Stobo, who stepped down from partnership in December 2021. Younger counsels Susana Lee and Hugh Seong Seok Lee, who re-joined the firm in January 2022 following a three-year stint at the WTO, are also recommended.

Testimonials

‘The team at Cassidy Levy Kent is always incredibly knowledgeable. The team is very responsive and welcoming, and make their office my “home away from home” when I am in Ottawa. They make me feel like a priority client.’

‘I work most closely with Christopher Cochlin and Andrew Lanouette. They are both very knowledgeable, responsive, and helpful in addressing any legal needs that my company has.’

‘Michael Milne is a practical, pragmatic lawyer who gives great and sound advice.’

‘Our company engaged CLK for anti-dumping filings, which our domestic coalition was found to be successful. I do not believe there are many firms that are not only equipped to handle this type of law and proceedings, but also that excel at it.’

‘All of the individuals we worked with, from partners to associates, we found to be extremely professional and proficient in their work. The group was extremely prepared for our hearing and the data collection, analysis and submissions were done at an extremely high level.’

Key clients

Restwell Mattress Co. Ltd.

CertainTeed Canada Inc.

Northern Transformer Corporation

PTI Transformers Inc. / PTI Transformers L.P.

Transformateurs Delta Star Inc.

ADM Agri-Industries Co. (wholly owned subsidiary of Archer Daniels Midland Co.)

Gerdau Ameristeel Corporation

The Heico Companies, LLC (including Ivaco Rolling Mills 2004 LP, Infasco, and Sivaco Ontario and Sivaco Quebec)

Evraz Inc. NA Canada

Welded Tube of Canada Corporation

Government of Nova Scotia

Dairy Farmers of Canada

Dairy Processors Association of Canada

Bri-Steel Manufacturing

ChampionX Canada ULC – Alberta Oil Tool

Work highlights

  • Successfully represented CertainTeed Canada in the first-ever Chapter 10 appeal under the Canada-United States-Mexico Agreement (CUSMA).
  • Represented domestic industry complainant Restwell Mattresses in the first-ever Canadian antidumping investigation against mattresses from China.
  • Successfully prosecuted an antidumping investigation against small power transformers from Taiwan and South Korea.

McCarthy Tétrault

One of the few national firms with a full-service international trade practice, McCarthy Tétrault combines strength in anti-corruption matters alongside expertise in more traditional trade spheres, including sanctions, import and export controls and trade disputes. Litigator John Boscariol spearheads the Toronto-based department and covers the waterfront on foreign trade and investment law. Among his recent cases, Boscariol acted for CGC in requesting an interim review of the Canadian International Trade Tribunal (CITT)’s imposition of antidumping duties in relation to gypsum wallboard imported from the US into Western Canada, and in seeking a review of the CITT’s decision in the first dispute ever to be launched under the US-Mexico-Canada Agreement (USMCA). Martha Harrison is also a key contact and specializes in international trade and product regulatory law, with extensive experience in complex trade disputes. The team also includes newly promoted partner Carmen Francis and international trade and procurement specialist Robert Glasgow.

Practice head(s):

John Boscariol

Key clients

Former Senior Official of Russian Financial Institution

Coalition of large financial institutions

Atlantic Towing Ltd.

Andriy Portnov

Fairfax Africa Holdings Corporation and Fairfax Financial Holdings Limited

CGC Inc. / USG

Canadian Renewable Association

Irving Shipbuilding

Nuctech

Home Depot

Work highlights

  • Acted for CGC in requesting an interim review of the CITT’s imposition of anti-dumping duties, and in seeking a review of the CITT’s decision in the first dispute to ever be submitted under the USMCA.
  • Advised KPMG, in its capacity as liquidator of Scotsburn Cooperative Services, in a complex dispute with the CBSA and at the Federal Court relating to Scotsburn’s participation in the Duties Relief Program and its import/export activities more broadly.

Bennett Jones LLP

With a well-established record in the international trade arena, Bennett Jones LLP possesses extensive experience across an array of customs trade compliance matters, trade remedies, investment treaty-related issues and economic sanctions and export controls. Group head Darrel Pearson is a 40-year trade veteran and retains a thriving practice; he is acting alongside up-and-coming partner George Reid to represent Hyundai Electric & Energy Systems in administrative and judicial reviews related to special tariffs imposed on importations of large power transformers from the Republic of Korea. Other recommended names include Sabrina Bandali, who handled several complex disputes over the past year, senior counsel Valerie Hughes and Jessica Horwitz.

Practice head(s):

Darrel Pearson

Work highlights

  • Represented Michaels of Canada ULC in respect of the customs valuation of goods imported into Canada and related judicial review before the Federal Court of Canada.
  • Advised the Retail Council of Canada, and under its umbrella its membership of thousands of Canadian retailers, in litigation defending against allegations of injurious dumping of upholstered domestic seating.
  • Advised Kissner Group on treaty and customs law matters in connection with a proposed expansion of an underwater salt mine that would straddle the Canada/US border.

Conlin Bedard LLP

Trade remedies is a sweet spot at Conlin Bedard LLP, with the Ottawa-based boutique handling 50% of trade remedies proceedings in Canada since its establishment a decade ago. Among its other strong suits, the firm advises on economic sanctions and export controls, anti-corruption matters and WTO dispute settlement proceedings. Benjamin Bedard and Paul Conlin co-lead the group and recently teamed up with up-and-coming partner Anne-Marie Oatway to represent ArcelorMittal Long Products Canada and AltaSteel in obtaining an antidumping duty finding in respect of steel rebar from six countries. In 2022, the firm bolstered its offering with the hires of counsel Jean Bédard, who was formerly chair of the CITT, and senior counsel Michael Phelan, who joins from the Federal Court of Canada.

Practice head(s):

Benjamin Bedard; Paul Conlin

Key clients

ArcelorMittal

Algoma Steel Inc.

Stelco Inc.

Ferroglobe

AltaSteel Inc.

Canadian Steel Producers Association

Nova Tube Inc.

Permolex Ltd.

Flynn Canada

Columbia Forest Products

Work highlights

  • Represented Algoma Steel, ArcelorMittal Dofasco GP and Stelco in connection with the successful continuation of antidumping duties on hot-rolled steel sheet from Brazil, China and India.
  • Represented ArcelorMittal Long Products Canada GP and AltaSteel in connection with a successful antidumping proceeding in respect of steel rebar imports from Algeria, Egypt, Indonesia, Italy, Malaysia, Singapore and Vietnam.
  • Represented Permolex in connection with a successful antidumping proceeding in respect of wheat gluten imports from Australia, Austria, Belgium, France, Germany and Lithuania.

Baker McKenzie

The Toronto-based international trade practice at Baker McKenzie is distinguished by its ability to plug into the wider global firm’s formidable trade and WTO offering; it enjoys particularly close relationships with its offices in the US, EU, Mexico and China. Department head Paul Burns maintains a broad practice, with an emphasis on Canadian customs and export control matters. Brian Cacic is also noted for his focus on customs, sanctions and export controls.

Practice head(s):

Paul Burns

Other key lawyers:

Brian Cacic

Key clients

Hilti (Canada ) Corporation

La Cie McCormick Co.

Dentons

Dentons‘ Canadian trade practice is particularly well-equipped to advise on sanctions, where it can draw on its global network to provide clients with coordinated advice across multiple jurisdictions, and trade remedies cases. The group also pairs up with the firm’s government and public policy unit for guidance on trade law policy. Toronto-based Paul Lalonde steers the group and brings to bear specialist expertise in government procurement and international trade law.

Practice head(s):

Paul Lalonde

Other key lawyers:

Sean Stephenson

Key clients

United Kingdom Department of International Trade

Tosyali Algeria

Saje Natural Wellness

Atakas Celik

Kik Custom Products

World Vision Canada

Suncor Energy Canada

Scierie Alexandre Lemay et fils Inc.

Trimark Tubulars Ltd.

West-Can Seal Coating Inc.

Work highlights

  • Represented Trimark Tubulars in the CITT’s antidumping investigation into certain oil country tubular goods 3 (OCTG III) from Mexico.
  • Acted for West-Can Seal Coating in an arbitration under the New West Partnership Trade Agreement (NWPTA) Bid Protest Mechanism and the Canada Free Trade Agreement (CFTA) against the Saskatchewan Ministry of Highways and Infrastructure.
  • Represented Zhuhai Ido Furniture in the CITT’s investigation into upholstered domestic seating.

Fasken

Trade lawyers at Fasken strike the right note with their ability to ‘go the extra mile when needed‘. Clifford Sosnow splits his time between Ottawa and Toronto and is sought after for his expertise across an array of trade spheres, including anti-bribery law, export controls and sanctions, investment treaty matters and trade remedies. Montreal-based Peter Kirby, who co-heads the practice alongside Sosnow, has a focus on regulatory compliance, trade agreements and trade remedies. Toronto-based government relations and strategy chair Dan Brock is also noted.

Practice head(s):

Peter Kirby; Clifford Sosnow

Testimonials

‘Great team that is very collaborative. They go the extra mile when needed, particularly Clifford Sosnow,’

Cassels Brock & Blackwell LLP

Cassels Brock & Blackwell LLP recently handled an impressively diverse range of matters over the past year, including WTO proceedings, trade remedies litigation, customs matters and export licensing and sanctions issues. Department head Brenda Swick is a seasoned specialist, whose practice focuses on international trade and investment law; she also brings to bear supplementary expertise in government contracting, anti-corruption matters and government relations.

Practice head(s):

Brenda Swick

Other key lawyers:

Michael Osborne

Gowling WLG

Gowling WLG houses a compact but capable international trade group, which advises on trade and investment agreements, export controls and sanctions and customs compliance. Ottawa-based department head Wendy Wagner is highlighted by sources as ‘pragmatic, responsive, knowledgeable and efficient‘. Advocacy associate Hunter Fox provides support on contentious matters.

Practice head(s):

Wendy Wagner

Other key lawyers:

Hunter Fox

Testimonials

Our experience is primarily with Wendy Wagner and we have had more limited exposure and opportunity to work with the broader team.’

Wendy Wagner has been a pleasure to work with on these matters. She is pragmatic, responsive, knowledgeable and efficient; all of the qualities every in-house legal team and business looks for and values.

Key clients

Siemens Energy Canada Ltd and Siemens Energy Austria Gmbh

Aexos Inc.

Sol Cuisine Ltd.

The Bountiful Company

Work highlights

  • Successfully defended Siemens Energy Canada and Siemens Energy Austria in antidumping proceedings before the CBSA and CITT in a case concerning certain small power transformers.
  • Successfully represented Aexos in a tariff classification appeal before the CITT.
  • Advised Sol Cuisine on international trade matters connected to its acquisition by PlantPlus Foods LLC and its wholly owned subsidiary, PlantPlus Foods Canada Inc.

Norton Rose Fulbright

Norton Rose Fulbright‘s record in international trade spans a mix of contentious and compliance work, with notable recent experience in trade remedies, customs issues, economic sanctions and export controls, among other matters. Following the March 2022 retirement of department co-head Richard Wagner, the team is now co-led by international arbitration and trade specialist Alison FitzGerald (who was promoted from counsel to partner in January 2022) alongside Martin Masse, whose practice spans competition, international trade and procurement law.

Other key lawyers:

Erin Brown

Key clients

SSAB Central Inc.

Costco Wholesale Canada Inc.

The American Chemistry Council, the American Fuel & Petrochemical Manufacturers and the Plastics Industry Association

Ailments Sunchef

Work highlights

  • Representing SSAB Central, a Canadian domestic steel producer and part of SSAB Americas, in an antidumping duty investigation in respect of heavy steel plate from various jurisdictions.
  • Representing three industry associations in a Federal Court judicial review concerning the Canadian Government’s decision to list plastic manufactured items as a toxic substance under the Canadian Environmental Protection Act, 1999.
  • Representing Aliments Sunchef in an action before the Federal Court challenging a CBSA decision to revoke its registration in the Duty Relief Program and ordering it to remit C$135m in customs duties, penalties and interest.

Torys

With a particularly strong record in contentious trade work, Torys‘ trade practice excels in investment treaty arbitrations and other complex trade-related disputes. The group also provides ongoing compliance advice on such matters as anti-corruption, economic sanctions and export control issues. International arbitration specialist John Terry heads the group and advises corporations and government entities on free-trade treaties and WTO matters. Senior associate Ryan Lax actively provides support.

Practice head(s):

John Terry

Other key lawyers:

Peter Aziz; Ryan Lax

Key clients

Infinito Gold Ltd.

Windstream Energy LLC

Alamos Gold Inc.

Bilcon of Delaware LLC

Work highlights

  • Represented Infinito Gold in its arbitral claim against the Republic of Costa Rica, under the Canada-Costa Rica Agreement for the Promotion and Protection of Investments.
  • Represented Windstream Energy in securing a C$25m arbitral award and a C$3m costs award against the Government of Canada under the NAFTA, arising from the application of a moratorium on offshore wind energy facilities to Windstream’s proposed 300 MW offshore wind facility.
  • Acted for Alamos Gold in its investment treaty claim, brought by its Netherlands-based subsidiaries, against the Republic of Turkey under the Netherlands-Turkey Bilateral Investment Treaty.