International trade in Canada

Borden Ladner Gervais LLP

Borden Ladner Gervais LLP advises clients on all aspects of trade and investment regulation including, customs and trade remedies, sanctions and export controls, FTO and WTO dispute resolution and investor-state arbitration. The practice has also carved-out a strong reputation within anti-corruption where it advises on global anti-corruption policies and compliance issues. Key names in the practice include NAFTA and WTO specialist Milos Barutciski and Matthew Kronby, who focuses on investment treaty disputes, trade remedy and safeguard investigations and trade treaty negotiations. Jesse Goldman is also recommended. Named lawyers are based in Toronto.

Cassidy Levy Kent LLP

Trade boutique Cassidy Levy Kent LLP has an on-the-ground presence in Ottawa and Washington DC, making it an attractive choice for trade mandates across North America. Jointly led by trade remedy expert Christopher Kent and trade policy specialist Christopher Cochlin, the team in Ottawa is highly regarded for representing clients in proceedings before the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT). The team also advises on issues including market access strategies, customs, trade policy and bilateral investments. Andrew Lanouette is also recommended. Special counsel Lawrence Herman joined the firm in November 2019.

Other key lawyers:

Andrew Lanouette; Lawrence Herman

Key clients

Evraz Inc. NA Canada

Gerdau Ameristeel Corporation

Government of Nova Scotia

Apergy Canada ULC – Alberta Oil Tool Division

The Heico Companies (including Ivaco Rolling Mills 2004 LP and Infasco)

Leland Industries

Bri-Steel Corporation

Welded Tube of Canada Corporation

ABB, Inc.

CertainTeed Gypsum Canada

Mueller Industries

American Sugar Coalition

Whirlpool Corporation

Work highlights

  • Represented clients in first Canada Border Services Agency investigatory proceeding to consider and apply Canada’s new anti-dumping rules in the normal value reinvestigation of oil country tubular goods.
  • Represented the sole Canadian producer of sucker rods in its second anti-dumping complaint regarding imports from Argentina, Brazil and Mexico.
  • Providing ongoing representation of two domestic producers in the expiry review of the order against certain fasteners from China and Taiwan.

McCarthy Tétrault

Split between Toronto and Montréal, McCarthy Tétrault's international trade group is 'quick to understand the complexities of its clients' business and products'. The team is highly sought after for its advice on enforcement and compliance, economic sanctions, and import and export controls. It also has a strong reputation in trade disputes, including WTO proceedings and matters before the Canadian International Trade Tribunal. Acting for domestic and international financial institutions, the group has developed expertise in a range of heavily regulated markets, including energy, mining, manufacturing, pharmaceuticals, technology and defence. Litigator John Boscariol leads the team from Toronto, and is recommended for his experience of foreign investment regulation and cross-border trade. Also recommended are Martha Harrison, who focuses on matters involving power, energy, natural resources and technology; and Carmen Francis, a standout senior associate in the team.

Practice head(s):

John Boscariol

Testimonials

The International Trade team at McCarthy Tetrault is very responsive, and quick to understand the complexities of our business and our products. I value their ability to provide quick answers in a short amount of time.

John Boscariol is the ideal outside counsel resource for in-house counsel. He is an expert in his field, trustworthy, reliable, predictable, and proactive. He is sensible with billing and will work to meet your needs.

Key clients

LNG Canada Development Inc. / Woodfibre LNG Ltd.

Bennett Jones LLP

Bennett Jones LLP has experience across a range of regulated industries, and is especially highly regarded for its expertise in trade remedy cases. It also has a strong reputation in treaty and WTO disputes. Darrel Pearson heads the international trade and investment practice, which works in conjunction with the firm's cross-border transactional, tax, banking and dispute settlement teams to provide comprehensive service on a raft of contentious and non-contentious matters with significant trade components, customs issues, and export control and sanctions concerns. The department also saw several partner promotions over the past year, including those of Sabrina Bandali and George Reid in January 2020.

Practice head(s):

Darrel Pearson

Key clients

Cardinal Health Canada Inc.

Coca-Cola

Food + Consumer Products of Canada

Hyundai Electric & Energy Systems Ltd.

Luxtona Limited

Nippon Steel Corporation

Prairie Provident Resources (Lone Pine Resources Inc.)

Quality Cheese Inc.

Sentsy Canada

Steve Madden Canada

Westport Fuel Systems Inc.

Woodfibre LNG

World Trade Organization (WTO)

Work highlights

  • Acted for the Food + Consumer Products of Canada (FCPC) whose large multinational members were concerned about a labelling proposal under consideration by the Rome-based Codex Alimentarius (food safety) Commission that would have had significant negative impacts on marketing their products.
  • Serving as a WTO dispute settlement panellist to rule on a dispute brought by the Government of Qatar against the Government of the United Arab Emirates regarding alleged violations of WTO obligations under several WTO agreements affecting trade in goods, services, and intellectual property rights and a defence invoking national security interests.
  • Challenging a decision by the Canada Border Services Agency to revoke duties relief eligibility for a Canadian dairy industry producer that resulted in a multimillion-dollar retroactive assessment of customs duties, by way of judicial review at the Federal Court of Canada.

Conlin Bedard LLP

International trade boutique Conlin Bedard LLP has a highly active trade remedy practice, advising clients on anti-dumping, countervailing duty and safeguard proceedings. In addition, the practice group is active in WTO and NAFTA disputes and investor-state arbitration, and is also recognized for its advice on customs, export controls, economic sanctions and trade policy. The practice is jointly led by founding partners Benjamin Bedard and Paul Conlin in Ottawa.

Practice head(s):

Benjamin Bedard; Paul Conlin

Baker McKenzie

The 'outstanding' international trade group at Baker McKenzie is highly regarded for providing clients with strategic advice on anti-dumping, trade sanctions, customs laws, export and import controls, and various other regulatory matters. The practice group also has extensive experience representing clients before the Canadian International Trade Tribunal. Commodity taxation specialist Paul Burns heads up the department. Another name to note is Brian Cacic, who is rated by clients for his 'excellent depth of knowledge' of Canadian customs, trade sanctions, and export controls.

Practice head(s):

Paul Burns

Other key lawyers:

Brian Cacic

Testimonials

The network established at B&M was outstanding and professionalism surpassed any expectation.

Brian Cacic did an amazing job, I would recommend him to anyone. His knowledge and client service is top notch.  From his expansive network, to his in depth technical knowledge to his client service and personality. He really is a top advisor.

Baker McKenzie’s International Trade Practice brings depth of knowledge and sophistication and that flows from the firms international footprint, history, client base and expertise.

Brian Cacic has an excellent depth of knowledge having dealt with complex fact situations and industries.

Key clients

Hilti (Canada) Corporation

La Cie McCormick Canada Company

Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP's trade practice, works closely with the firm's highly regarded tax group to provide clients with comprehensive legal service on commodities and customs matters. Based primarily in the firm's Toronto office, the practice group also advises on sanctions, trade remedies, and treaty disputes. Group head Greg Kanargelidis has noted expertise in global trade and investment law matters, advising on the planning and structuring of transactions, as well as on the full range of customs matters.

Practice head(s):

Greg Kanargelidis

Other key lawyers:

Amy Lee

Key clients

The Ocean Cleanup

The Hillman Group Canada ULC

Olbert Metal Sales Ltd.

Work highlights

  • Assisted The Ocean Cleanup with landing its first shipment of plastic waste retrieved from the Great Pacific Garbage Patch in Vancouver.
  • Representing The Hillman Group Canada ULC in the Canadian International Trade Tribunal’s Expiry Review of its Order in Certain Fasteners from China and Chinese Taipei.
  • Represented Olbert Metal Sales Ltd. in the CITT’s Safeguard Exclusions Inquiry.

Dentons

Dentons' strong global footprint across the US, Europe, Middle East and Asia, lends itself well to advising clients on bilateral and multilateral trade agreements, such as the WTO, NAFTA, and CPTPP. Hailed as being 'very flexible to the client's needs', the group works closely with teams from across the firm's full-service platform. In particular, the practice group often works with the firm's oil and gas practice, making it a go-to for clients in the energy sector. Toronto-based practice head Paul Lalonde has experience of government contracting law, international trade and anti-corruption matters.

Practice head(s):

Paul Lalonde

Testimonials

Great expertise, shows flexibility on alternative arrangements, very responsive to our needs.

Paul Lalonde has a great knowledge of his field and provides practical and business-focused advice.

Paul Lalonde is an excellent trade lawyer. He understands the intricacies of complex trade laws, and knows how to navigate those laws to his client’s advantage.

Key clients

Angang Steel Company Ltd. and Angang International Trade Corporation

ATAKAS Celik San. Ve Tic. A.S.

Enbridge Pipelines Inc.

Ennis Fabric Ltd.

General Dynamics Land Systems Canada Inc. (GDLSC)

Kik Custom Productions

Scierie Lemay

Suncor Energy Inc.

T Co Metals

Welspun Group

Work highlights

  • Representing Angang Steel Company Ltd. and Angang International Trade Corporation before the Federal Court and Federal Court of Appeal in a judicial review of a final determination made by the President of the Canada Border Service Agency in the context of an anti-dumping investigation on corrosion-resistant steel sheet.
  • Represented Enbridge Pipelines Inc. before the Canadian International Trade Tribunal in major steel safeguards inquiry and in subsequent representations and analysis regarding the implementation of the Tribunal’s recommendations by the Minister of Finance.
  • Represented Welspun Inc. in steel safeguard duties inquiry before the Canadian International Trade Tribunal and subsequent administrative process before the Minister of Finance.

Fasken

Fasken's 'trade and customs team is fast and reliable; obsessed with the details and dedicated to the client'. The team stands out in part for its expertise in international anti-bribery and anti-corruption matters. It also has an established trade remedy practice, having been retained in several anti-dumping and countervailing duty inquiries. Co-chair Clifford Sosnow, who splits his time between Ottawa and Toronto, specializes in trade, investment and anti-bribery law. In Montréal, practice co-chair Peter Kirby ('a master for new generations') has a broad practice covering trade and regulatory compliance, trade agreements, trade remedies and customs law.

Practice head(s):

Peter Kirby; Clifford Sosnow

Other key lawyers:

Raymond Chrétien

Testimonials

Peter Kirby is a master for new generations and a recognized practitioner worldwide.

The Trade & Customs team as well as Indirect taxes one, are fast and reliable, obsessed with the details and dedication to the client.

Consistency and responsiveness; honesty and integrity. They readily acknowledge when they need to consult with someone else or do some research before providing a concise answer.

Key clients

Canada’s Internal Trade Secretariat

Honey Fashions Ltd.

Work highlights

  • Served as the presiding judge on a three member panel hearing a dispute between the Province of Alberta and Artisan Ales Ltd. the Government of Saskatchewan in an intervenor in the appeal.
  • Challenged, by means of judicial review, a decision of the CBSA in refusing to issue a refund of customs duties to the client, Honey Fashions.

Gowling WLG

Core services for Gowling WLG's trade group includes customs compliance and audits, investment litigation, anti-dumping and countervail inquiries and customs classification. The team acts for Canadian and foreign manufacturers, importers and exporters, assisting with the creation of corporate compliance programs, among other matters. Ottawa-based Wendy Wagner leads the practice; she has wide-ranging experience of investment agreements, export controls and sanctions, and customs compliance.

Practice head(s):

Wendy Wagner

Key clients

Impex Solutions

Landmark Trade Services/Landmark Global

Work highlights

  • Counsel to Impex through administrative appeals (CBSA) and before the Canadian International Trade Tribunal (CITT) on the tariff classification of disposable shoe covers.
  • Counsel to Landmark Trade Services on an import audit/verification by CBSA of the tariff classification of dairy products subject to tariff rate quotas.

McMillan LLP

McMillan LLP has acted for clients ranging from growth-stage companies to large multinationals, having developed a particularly strong record in trade remedy cases. The firm has also been recognized for customs matters, anti-corruption work and sanctions advice. Regulatory specialist Neil Campbell co-chairs the trade and competition departments.

Practice head(s):

Neil Campbell

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP stands out for its expertise in international investments, where it has advised on inbound investments into Canada, as well as on outbound investments. Working alongside other practice groups in the wider firm, the team has also been involved in matters relating to customs and transfer pricing, anti-corruption and economic sanctions. The practice group is led by Riyaz Dattu in Toronto.

Practice head(s):

Riyaz Dattu

Tereposky & DeRose LLP

Ottowa-based international trade boutique Tereposky & DeRose LLP has a very strong reputation in WTO matters, and trade and investment arbitration. The team has also been noted for its advice on export controls, sanctions and trade remedies. Litigator Gregory Tereposky leads the practice group; he specializes in international treaty advice and trade remedy cases, and WTO dispute settlement.

Practice head(s):

Gregory Tereposky

Norton Rose Fulbright

Norton Rose Fulbright has strong industry experience advising clients in the energy, steel, chemical, commodities, mining and life sciences sectors. The team advises on bilateral and multilateral trade agreements, acting for clients in relation to trade actions and trade remedy matters, international arbitration, economic sanctions and export and import controls. Led from Ottawa by co-heads Martin Masse and Richard Wagner, the practice is fully integrated across the firm's national and international offices.

Practice head(s):

Martin Masse; Richard Wagner

Key clients

ArcelorMittal

Dow AgroSciences LLP

Danone/Nutricia

SSAB Central Inc.

Sobi AB

Work highlights

  • Represented Nutricia in a customs appeals file with the Canada Border Services Agency relating to the appropriate customs classifications of certain goods imported into Canada by Nutricia.
  • Represented SSAB Central Inc., and its Swedish parent company, SSAB AB, before the CITT in the recent safeguard proceeding relating to certain steel goods imported into Canada.
  • Representing SSAB Central Inc. in several expiry reviews of anti-dumping duty orders on steel plate, as well as in new anti-dumping investigation in respect of heavy plate, from various jurisdictions being conducted by the Canada Border Services Agency and the Canadian International Trade Tribunal.

Torys

Torys is best known in this area for its record in trade and investment disputes and international arbitration. The practice group is led by Toronto-based senior litigation and arbitration counsel John Terry, who leads the practice from Toronto, who focuses on international commercial and investment arbitration, and international business and public law. The team has also advised clients on various NAFTA and WTO issues, anti-corruption and AML, sanctions compliance, and export control issues.

Practice head(s):

John Terry

Key clients

Windstream Energy LLC

Infinito Gold Ltd.

Fairfax Financial

Husky Energy Inc.

Ontario Teachers’ Pension Plan

CPP Investments

Public Sector Pension Investments

Russian Federation

Windstream Energy LLC

Work highlights

  • Representing Infinito Gold Ltd., a Canadian publicly-traded junior mining company, in its complex arbitral claim against the Republic of Costa Rica, under the Canada-Costa Rica Agreement for the Promotion and Protection of Investments.
  • Retained by B-Mex and several American investors with investments in Mexico to resist an application to set-aside a partial award on jurisdiction issued in their favour by a tribunal constituted under Chapter 11 of the North American Free Trade Agreement.
  • Continues to act for the Russian Federation in an application to set aside a jurisdictional award rendered in a $750m arbitration brought pursuant to the Energy Charter Treaty alleging expropriation and unfair treatment in connection with the taxation and bankruptcy of Yukos Oil Company.