The Appeal of H.M.B. Holdings Ltd. v. Antigua and Barbuda: Reloading “Ricochet Judgments”

Introduction On January 9, 2020, the Ontario Court of Appeal released its judgment dismissing the appeal of an order in the case of H.M.B. Holdings Ltd. v. Antigua and Barbuda (Attorney General), [2020] O.J. No. 69. This affirmed the lower court’s decision, which refused to register a judgment of the British Columbia Supreme Court recognizing [...]

By |2020-06-26T15:40:34-04:00June 26, 2020|Articles, International Law, Martin Aquilina, Uncategorised|

Nevsun Resources Ltd. v. Araya and Customary International Law: the Phoenix Reborn in Canada

Introduction On February 28, 2020, the Supreme Court of Canada released a judgment dismissing a motion to strike pleadings in the judicial saga of Nevsun Resources Ltd. v. Araya, a case relating to alleged violations of the human rights of three Eritrean miners by Nevsun Resources Ltd. (“Nevsun”) through the actions of entities controlled by [...]

By |2020-06-26T10:44:41-04:00June 26, 2020|Articles, International Law, Martin Aquilina, Uncategorised|

Safe Food for Canadians Regulations: Foreign Exports into Canada

The Safe Food for Canadians Act (the “SFCA”) and the Safe Food for Canadians Regulations (the “SFCR”) came into force on January 15, 2019. Together, they create a framework of standards and requirements to ensure that food imported into Canada is safe.[1] These standards and requirements apply to all persons, including foreign food businesses, that [...]

By |2020-03-18T14:32:13-04:00March 18, 2020|Articles, International Law, Martin Aquilina|

The European Commission’s Proposals for CETA’s Investment Court System

On October 30, 2016, Canada, the European Union (EU), and the EU’s member states (Member States) signed the Comprehensive Economic and Trade Agreement, or CETA.  The Investor Court System (ICS) regime of CETA’s Chapter Eight will ideally settle dispute between foreign investors and Member States or Canada. In the meantime, the envisioned ICS system has [...]

By |2020-03-20T11:35:24-04:00March 4, 2020|Articles, International Law, Martin Aquilina|

Immunity from Seizure for Foreign Art – Update

[This article is an update to our last article, “Art Law: Immunity from Seizure for Foreign Art in Canada” available here. Canadian museums, art galleries and other cultural or educational institutes rely on the provincial government for the protection against seizure of international works of art and cultural objects. This sort of immunity from seizure [...]

By |2020-07-22T09:20:01-04:00March 4, 2020|Articles, International Law, Martin Aquilina|

Importing and Exporting of Foreign Food in Canada: The New Standards and Requirements

The Canadian Food Inspection Agency (the “CFIA”) is the entity responsible for food regulation, animal and plant health and safety in Canada. The existing food control system was however developed prior to the creation of the CFIA, at a time where food technology was less evolved and supply chains were simple. As food technology has [...]

By |2020-07-22T09:07:11-04:00December 12, 2019|Articles, International Law, Martin Aquilina|

Pure Economic Loss and the Concept of Premature Commercialization in Darmar Farms Inc. v. Syngenta Canada Inc.

Pure Economic Loss in Canada The concept of pure economic loss refers to the loss suffered by an individual, other than loss stemming from physical injury or damage to property. Common law jurisdictions have long struggled with assessing pure economic loss stemming from negligence claims. Canada diverged from English law in the Supreme Court of [...]

By |2020-03-18T12:25:54-04:00December 12, 2019|Articles, International Law, Martin Aquilina|

R.S. v. P.R.: Addressing Lis Alibi Pendens in Québec

Introduction International lis alibi pendens (“lis pendens”) applies to proceedings in two different jurisdictions that involve the same cause of action between the same parties. A party in such a situation may contest the jurisdiction of the second seized court thereby causing the court to halt the proceedings before it. The purpose behind lis pendens [...]

By |2020-03-18T12:26:47-04:00December 12, 2019|Articles, Hugues Boisvert, International Law|

The Compatibility of CETA’s Investor Court System with European Union Law: Reconciling Achmea

Overview of CETA and the Impugned Provisions On October 30, 2016, Canada, the European Union (the “EU”), and the EU’s member states (the “Member States”) signed the Comprehensive Economic and Trade Agreement, or CETA.[i] CETA’s overarching goal is to facilitate trade between Canada and Europe by eliminating tariffs, harmonizing regulation systems, protecting geographically indicated product [...]

By |2020-03-18T12:41:14-04:00December 12, 2019|Articles, International Law, Martin Aquilina|

The Enforceability of Foreign Trademark Decisions in Canada

The recent Ontario Superior Court of Justice’s (“ONSC”) decision Dead End Survival, LLC v. Marhasin[1] lifts all doubt regarding the enforceability of foreign courts’ trademark decisions in Canada. Dead End Survival, LLC, a Michigan-based manufacturer of survival gear, sought to enforce in Canada a judgment of the Georgia District Court against Mr. Georgi Marhasin. The [...]

By |2020-07-22T09:21:10-04:00December 12, 2019|Articles, International Law, Martin Aquilina|

H.M.B. Holdings Ltd. v. Antigua and Barbuda: The Enforcement of Foreign “Ricochet Judgments” in Canada

Introduction to Reciprocal Enforcement of Judgments in Canada In Canada, the enforcement of foreign judgments constitutionally falls within the jurisdiction of the provinces. As such, the procedures and requirements to obtain recognition of foreign judgments in Canada are not uniform throughout the country.  While it has possible to have judgments recognized though the rules of [...]

By |2019-12-12T13:56:29-05:00December 12, 2019|Articles, International Law, Martin Aquilina|

HazloLaw Meets with Mrs. Edna Adan Ismail, former Foreign Minister of Somaliland and Women’s Rights Advocate

On September 5th 2019, leading Somaliland women’s rights activist and former Foreign Minister Edna Adan Ismail attended at the offices of HazloLaw – Business Lawyers where she met with Martin Aquilina in order to discuss a potential action plan that would aid Somaliland in its quest for recognition of its sovereignty. Ms. Ismail is one [...]

By |2019-09-30T17:16:39-04:00September 25, 2019|International Law, Martin Aquilina, News|

Caveat Venditor: Exporting Cultural Property from Canada Is Not as Simple as It Seems

The recent and unprecedented decision in Canada (Attorney General) v. Heffel Gallery Limited [1] brings clarity to the interpretation of the Cultural Property Export and Import Act [2] (the “CPEIA”) and the concepts of “outstanding significance” and “national importance” that are at the core of this legislation[3]. In Heffel, the Federal Court of Appeal [4] [...]

By |2019-09-04T13:44:24-04:00June 13, 2019|Articles, International Law, Martin Aquilina|

Canadian Trademark Law to Implement Guidelines of The Madrid Protocol

Canada has been actively involved in the negotiation and ratification of several international treaties with trading partners worldwide. Many of these agreements – such as the Madrid Protocol, the Transpacific Partnership, and CETA – touch upon intellectual property regulations such as registrations and application for protection of intellectual property like trademarks, geographic indication, and traditional [...]

By |2019-09-04T13:44:24-04:00June 12, 2019|Articles, International Law, Martin Aquilina|

Canadian Transborder Dataflows

The Office of the Privacy Commissioner of Canada (the “OPC”) has recently launched a consultation on transborder data flows under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).  PIPEDA is a federal law of Canada that regulates how individuals’ personal information should be collected, used, and disclosed in commercial transactions. It is restricted to [...]

By |2019-09-04T13:44:24-04:00June 12, 2019|Articles, International Law, Martin Aquilina|