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|

Martin Aquilina Joins Panel of Experts at the BHAF 2020 Virtual Conference Hosted by Corporate Connections

On Saturday, May 30th at 4:30pm IST, Martin Aquilina, COO and International Lawyer of HazloLaw, was a panelist at the Big Hairy Audacious Forum (BHAF) 2020 Virtual Conference hosted by Corporate Connections India. Martin’s panel was titled Going Big on Business Beyond Borders - A panel on International Trade Relations. Joined by experts such as [...]

By |2020-06-05T12:02:26-04:00June 5, 2020|Martin Aquilina, News|

Martin Aquilina is the Featured Speaker in the Canada Speaker Series at Corporate Connections

On Friday, May 29, Martin Aquilina, COO and International Lawyer at HazloLaw, was the featured expert speaker at a webinar titled, Having Confidence doing business abroad: Tips, Tricks and Traps from an International Law Expert under the Corporate Connections speaker series. Martin addressed questions concerning the right structures for international operations, contractual agreements, and the [...]

By |2020-06-02T11:14:17-04:00June 2, 2020|Martin Aquilina, News|

Martin Aquilina Attends “Table-ronde | Agents de spectacles et diffuseurs : des contrats à réécrire” Hosted by Franconnexion and Music Managers Forum Canada

On May 21, 2020, Martin Aquilina, COO and head of the International Law department at HazloLaw, attended the “Table-ronde: Agents de spectacles et diffuseurs : des contrats à réécrire”, presented via Zoom. The discussion pertained to force majeure in the current COVID-19 context and the legal effects on the relationship between artists and promoters. It [...]

By |2020-05-28T12:11:43-04:00May 22, 2020|Martin Aquilina, News|

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|

Martin Aquilina attends the annual Hyman Soloway Annual Memorial Lecture

On January 15, 2020, Martin Aquilina, COO and International Lawyer of HazloLaw-Business Lawyers, attended the Hyman Soloway Annual Memorial Lecture,  International Arbitration and Globalization: The Battle between Private “Justice” and Public Law. The speaker, Howard Mann, Senior International Law Advisor, was engaging and the contents were highly informative. One major take-away was his discussion on [...]

By |2020-01-22T09:13:39-05:00January 22, 2020|Martin Aquilina, News|

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|

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|

Martin Aquilina Speaks at the 14th Annual M&A Conference

HazloLaw-Business Lawyers’ COO and International Lawyer, Martin Aquilina, attended the 14th International M&A Conference sponsored RWP Rechtsanwälte in Versailles, France. The conference, which took place on November 1-3, 2019, offered a broad range of qualified speakers from different countries to discuss national laws that are to be taken into consideration when dealing with transactions involving [...]

By |2019-12-05T11:08:34-05:00November 11, 2019|Martin Aquilina, News|

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|

What to Include in a Commercial Sales Contract to Protect Yourself and Prevent Disputes in the Future

Many disputes between businesses are caused because the parties involved did not use proper written contracts when doing business. This is understandable, as many companies don’t want to use overly long or complex contracts for fear of scaring away customers. But a good contract does not need to be long or full of legal jargon. […]

By |2019-05-20T05:30:40-04:00March 4, 2019|Articles, International Law, Martin Aquilina|

Corporate Transparency and the Changes Introduced by Bill C-86

Martin Aquilina, International Business Lawyer Brian Benford, Legal Intern Introduction The Federal Minister of Finance recently introduced Bill C-86, Budget Implementation Act, 2018, No 2. Amongst other amendments outside of the scope of this article, Bill C-86 makes important changes to the Canada Business Corporations Act (the “Act”) in relation to corporate transparency. These changes […]

By |2019-05-20T05:42:59-04:00February 1, 2019|Articles, International Law, Martin Aquilina|

Art Law: Immunity from Seizure for Foreign Art in Canada

Martin Aquilina, International Business Lawyer Marcela Souki, Articling Student Many countries grant immunity from seizure to artistic and cultural objects while they are on loan from foreign jurisdictions. The immunity is desirable because it operates as a safeguard to the lending institution that its artwork will not be seized while it’s abroad and thus perhaps […]

By |2020-07-22T09:19:37-04:00January 25, 2019|Articles, International Law, Martin Aquilina|

Nori Holdings Ltd v Bank Otkritie Financial Corporation: Another Loss for Arbitration in the EU

The Brussels I Regulation was adopted by the European Union in 2000 in order to minimize the impact of differences between national rules governing jurisdiction[1] and facilitate the recognition and enforcement of judgments in civil and commercial matters across the EU.  The Recast Regulation[2], adopted 12 years later, was enacted in order to clarify certain […]

By |2020-03-18T11:48:35-04:00January 8, 2019|Articles, International Law, Martin Aquilina|

UBO Register: The New Rules You Need to Know for Belgian Subsidiaries

Martin Aquilina, International Business Lawyer The Ultimate Beneficial Owner Register (the “UBO Register”) is a mandatory registration system in the European Union (the “EU”) directed to all individuals who have formal or effective control over an European corporation, company, association, trust, foundation or non-profit organization. This is a initiative brought by EU Directive 2015/84 in […]

By |2019-05-20T06:04:43-04:00November 1, 2018|Articles, International Law, Martin Aquilina|

Free Trade: A Comparison Between Canadian and European Law

Martin Aquilina, International Business Lawyer Marcela Souki, Student-at-Law In the recent case R v. Comeau,[1] the Supreme Court of Canada (“SCC”) reaffirmed its commitment to upholding provincial legislation that limits the movement of goods between Canadian provinces. In Comeau, a resident of New Brunswick, Mr. Comeau, crossed the bridge to Quebec and bought a significant […]

By |2019-05-20T06:17:21-04:00October 19, 2018|Articles, International Law, Martin Aquilina|

Allocating Risks By Limiting Indemnification In Private M&A Transactions

Martin Aquilina, International Business Lawyer Marcela Souki, Student-At-Law Caps and baskets are important risk allocation tools available to both sellers and buyers in merger and acquisition (“M&A”) transactions. These tools limit indemnification provisions and restrict the indemnification amount payable in claims for losses. When drafting an agreement relating to the transfer of a business, it […]

By |2019-05-20T06:25:56-04:00October 4, 2018|Articles, International Law, Martin Aquilina|

HazloLaw’s, Martin Aquilina furthers expertise by participating in study session at the prestigious Academy of International Law in The Hague

OTTAWA, Ontario – August 24, 2018 – Martin Aquilina, who holds a Master’s degree in Private International Law from the University of Groningen, in the Netherlands,  has returned from a three-week study session at the prestigious Academy of International Law in The Hague. The Academy was created in 1925 following a bequest from the Carnegie […]

By |2019-05-15T07:10:45-04:00August 24, 2018|International Law, Martin Aquilina, News|

Setting up shop in Canada: structures for a foreign corporation wishing to carry on business in Canada

New arbitration and mediation laws adopted by OHADA In this article, we discuss two common structures that a foreign corporation (“ForeignCo”) can use in carrying on a business in Canada. Each structure has its pros and cons and whether one structure is better suited than the other will depend on a variety of factors such […]

By |2019-05-20T07:27:19-04:00May 23, 2018|Articles, International Law, Martin Aquilina|

Major Changes are Coming to EU Privacy Law

Martin Aquilina, International Business Lawyer Dustin Paterson, Business Lawyer Threats around the theft and misappropriation of personal information have been around since the dawn of the internet, but as time goes on, these threats are growing and taking on new significance. From recent revelations about Russian interference in the 2016 U.S. presidential election to reports […]

By |2019-05-20T07:33:16-04:00May 11, 2018|Articles, International Law, Martin Aquilina|

Hands off Uncle Sam: the limit on extraterritorial reach of Canadian injunctions in the U.S.

Can a Canadian court stop a person from taking action not only in Canada but also abroad? The answer to that question was answered last year by the Supreme Court of Canada (the “SCC”). As we discussed in our previous article, “Google Inc. v. Equustek Solutions Inc., a Commercial Perspective”, the SCC confirmed the ability […]

By |2019-05-20T07:44:36-04:00March 21, 2018|Articles, International Law, Martin Aquilina|

Reform in West and Central Africa: new arbitration and mediation laws adopted by OHADA

Background on OHADA The Organisation pour l’harmonisation en Afrique du droit des affaires (“OHADA”) is an intergovernmental organization established in 1993, with a mission to harmonize business law in Africa in order to improve legal and judicial security for investors in Africa. Currently, OHADA comprises 17 African Member States: Benin, Burkina Faso, Cameroon, Central African […]

By |2019-05-20T07:51:25-04:00January 29, 2018|Articles, International Law, Martin Aquilina|

Trading with Americans: applying Canadian law is not always advantageous

According to conventional wisdom, a party should always push to have its local laws govern its contract. True, applying your own country’s law to a contract can provide certain advantages such as more certainty in the legal process and costs. However, in certain cases, it may be advantageous for a party to have a foreign […]

By |2019-05-20T07:55:40-04:00January 3, 2018|Articles, International Law, Martin Aquilina|

The long arm of American law strikes again! Foreign companies should be careful when dealing with OFAC-sanctioned countries

Summary According to the settlement agreement, TransTel violated U.S. sanctions by paying over eleven million U.S. dollars through its U.S. dollar account at a Singapore-based bank to various third-party vendors that included Iranian companies supplying goods and services associated with Iranian contracts. These payments were processed through the U.S. CSE and TransTel made these payments […]

By |2019-05-20T08:10:59-04:00October 24, 2017|Articles, International Law, Martin Aquilina|

Google Inc. v. Equustek Solutions Inc., a Commercial Perspective

On June 28, 2017, the Supreme Court of Canada released its long-awaited decision in the case of Google Inc. v. Equustek Solutions Inc. The case is important as it affirms the authority of Canadian courts to issue worldwide injunctions against companies operating online, greatly expanding the power of Canadian courts in the process. However, by […]

By |2019-05-20T08:21:03-04:00July 21, 2017|Articles, International Law, Martin Aquilina|

Of Scrapes and Scraps… on the rising use of materiality scrapes in agreements of purchase and sale (Part 4 of 4)

Our fourth and final entry in this series of articles addresses knowledge scrapes, what they are, how they differ from materiality scrapes and how they can be best put to use in M&A transactions. Knowledge Qualifiers The starting point, when discussing knowledge scrapes, is the knowledge qualifier. A knowledge qualifier is a way to limit […]

By |2020-07-22T09:22:55-04:00June 29, 2017|Articles, International Law, Martin Aquilina|

Of Scrapes and Scraps… on the rising use of materiality scrapes in agreements of purchase and sale (Part 3 of 4)

In our second article of our series on the use of “scrapes” in asset purchase agreements or share purchase agreements, we examined the advantages of the materiality scrape. In this third installment, we will review the disadvantages of scrapes and solutions to reconcile seller and purchaser viewpoints.  Arguments Against Scrapes  As mentioned above, the materiality […]

By |2020-07-22T09:22:42-04:00June 15, 2017|Articles, International Law, Martin Aquilina|

Of Scrapes and Scraps… on the rising use of materiality scrapes in agreements of purchase and sale (Part 2 of 4)

In the first article of our series on “scrapes”, we looked at the materiality scrape and how such a clause can be used by the buyer to ensure that disputes around materiality will not be factored into any dispute related to, for example, the determination of whether or not the seller has breached a representation […]

By |2020-07-22T09:22:29-04:00June 6, 2017|Articles, International Law, Martin Aquilina|

Of Scrapes and Scraps… on the rising use of materiality scrapes in agreements of purchase and sale (Part 1 of 4)

Published May 24, 2017 Background In M&A transactions, the purchase agreement is typically the most heavily negotiated document between the buyer and seller. And within the purchase agreement the representations and warranties are often a key point of contention. In a typical scenario, the seller in a purchase transaction seeks to qualify as many of […]

By |2020-07-22T09:22:15-04:00May 25, 2017|Articles, International Law, Martin Aquilina|

Are we there yet? The long road to the Comprehensive Economic and Trade Agreement (CETA)

November 1 2016   Martin Aquilina, International Business Lawyer If you have been looking at the news lately, you probably heard many mentions of the Comprehensive Economic and Trade Agreement (CETA), the trade agreement between Canada and the European Union that has been several years in the making. CETA, being the biggest trade treaty signed by […]

By |2019-05-20T08:31:02-04:00November 1, 2016|Articles, International Law, Martin Aquilina|

OSC clarifies who is “the public”?

August 18 2016   Martin Aquilina, International Business Lawyer In the recent Ontario Securities Commission (OSC) decision, In the Matter of Future Solar Development Inc. (Future Solar), the question of whether a wealthy group of Chinese investors were considered to be members of the public was addressed. In Ontario, every person or company that distributes previously […]

By |2019-05-20T08:32:37-04:00August 18, 2016|Articles, International Law, Martin Aquilina|

Was ist das auf Deutsch? WhatsApp’s T&Cs to be provided in German to consumers in Germany

June 14 2016   Martin Aquilina, Business Lawyer Introduction WhatsApp is a popular mobile messaging app for smartphones. It is widely used by people around the world including of course in Germany. WhatsApp’s website is accessible in many different languages and almost all of the website’s content is translated according to the language chosen by the user. […]

By |2019-05-20T08:35:35-04:00June 14, 2016|Articles, International Law, Martin Aquilina|

Can’t Touch This: The World Bank immune from disclosure

May 26 2016   Martin Aquilina, Business Lawyer You can sue individuals, corporations and, in certain circumstances, even the highest orders of government. What of intergovernmental organizations (IGOs)? Do they have juridical personality and if they do, are they subject to the jurisdiction of national courts and bound by all orders such courts can issue? One type […]

By |2019-05-20T08:37:33-04:00May 26, 2016|Articles, International Law, Martin Aquilina|

To choose or not to choose: enforceability of choice of forum clauses in Canada

February 19 2015   Martin Aquilina, Business Lawyer There may be times in life where ignorance is bliss but this is definitely not the case when it comes to contractual relationships. For instance, it would be a big mistake not to include a choice of forum clause (which we will refer to in this article as a jurisdiction […]

By |2020-03-23T08:34:36-04:00February 19, 2016|Articles, International Law, Martin Aquilina|

Cross-border succession issues: What will happen to your beautiful Italian villa after you die?

January 15 2015   Martin Aquilina, Business Lawyer Some Canadians follow their dream of owning a property (or multiple properties) and living in Europe upon retirement, whether it’s that beautiful villa in Tuscany by the wineries or that home in Oia with its stunning view, or even both. Chances are that in your Will, you have not stated […]

By |2019-05-20T09:08:43-04:00January 14, 2016|Articles, International Law, Martin Aquilina|

Uniform Rules For the Enforcement of Foreign Judgments: next year perhaps?

December 17 2015   Martin Aquilina, Business Lawyer Having obtained judgement, the victorious party will naturally want to enforce it in order to obtain the award owed by the losing party. But what if this party’s assets are located in another country? True enough, the judgments rendered by a court of one nation have no standing on their […]

By |2019-05-20T09:12:45-04:00December 17, 2015|Articles, International Law, Martin Aquilina|

Multinational Corporations Beware! What Happens in Vegas May Not Stay in Vegas

October 5 2015   Martin Aquilina, Business Lawyer We all know the phrase “What happens in Vegas, stays in Vegas”. There is comfort in knowing that what happened far away from home does not haunt us at home. Now, imagine that there is a chance that you could be held liable for your relative’s wrongdoings in a […]

By |2019-05-20T09:17:09-04:00October 5, 2015|Articles, International Law, Martin Aquilina|

Litigation Injunctions – When you need a court order fast

September 28 2015 As an international trade and litigation lawyer, I represent many companies located outside Canada and appear frequently on their behalf at Canadian courts and tribunals. It is common knowledge that litigation, especially complex litigation involving millions of dollars, can take years to complete. Sometimes, one party will bring a motion for an […]

By |2019-05-20T09:18:36-04:00September 28, 2015|Articles, International Law, Martin Aquilina|

Arbitrate this: the Applicability of Arbitration Exclusion in the Recast Brussels Regulation

August 20 2015   Martin Aquilina, Business Lawyer In our previous article, “Lawsuits in the European Union: disarming the “Italian torpedo” with the Recast Brussels Regulation”, we discussed the impact the changes to the Brussels Regulation has on choice-of-court clauses. In this article, we will discuss the impact of the new rules on arbitration clauses. Often, such clauses […]

By |2019-05-20T09:20:00-04:00August 20, 2015|Articles, International Law, Martin Aquilina|

Want to avoid a lawsuit? 6 things to think about when making that business deal

July 23 2015 In today’s world, anyone who runs a business or provides professional services can find themselves in a situation that can lead to a lawsuit. Start-ups, entrepreneurs, established professionals and shareholders are no exception to this rule. People are excited about getting their business going, spreading the word, and making money. Thinking about […]

By |2019-05-20T09:26:48-04:00July 23, 2015|Articles, International Law, Martin Aquilina|

Special Import Measures Act: Anti-Dumping and Countervailing Duties in Canada – Part II

This article is the second of a series of articles written about anti-dumping and countervailing duties in Canada. In the previous article, we gave an introduction to dumping and subsidizing. How does the complaint process work? The Canadian International Trade Tribunal (the “CITT”) is a Canadian tribunal located in Canada’s capital, Ottawa. The CITT decides […]

By |2020-03-18T12:16:33-04:00July 13, 2015|Articles, International Law, Martin Aquilina|