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Consumer & Retail Advisor

Category Archives: Cross-Border Transactions

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Now Available! First edition of Cross-Border: A Retailer’s Guide To Doing Business in Canada

Posted in Canadian Market Entry, Cross-Border Transactions, Franchising, Retailing

Growing your retail business, or looking to set up shop in Canada? Check out Cross-Border: A Retailer’s Guide to Doing Business in Canada available now. This comprehensive resource offers an overview of the legal aspects of establishing and operating a retail business in Canada. It draws from the top-tier expertise developed by McCarthy Tétrault’s market-leading Retail and Consumer Markets Group and their unparalleled experience in the Canadian Consumer Products, Food, Beverage & Agribusiness, Franchise & Distribution, Hospitality and Retail sectors.

Download a copy here.… Continue Reading

Doing Business in Canada 2016: Read the latest updates to our popular guide

Posted in Acquisitions, Competition, Cross-Border Transactions


McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition reflects legislative changes including:

  • Changes to the Competition Act and Investment Act Canada;
  • and an updated Mergers and Acquisitions chapter including new rules on takeover bids in Canada.

General guidance is included throughout the publication on a broad range of discussions. We also recommend that you seek the advice of one of our lawyers for any specific legal aspects of your proposed investment or activity.… Continue Reading

The New Normal: Hiring Temporary Foreign Workers in 2015

Posted in Cross-Border Transactions, Legislation, Trade

The past few years have presented challenging immigration law issues for both temporary foreign workers (“TFW”) and the Canadian companies that employ them. While there has been increased media spotlight on the Temporary Foreign Worker Program (“TFWP”), new layers of regulation have made it more difficult for Canadian employers to source talent overseas, while some employers have difficulty identifying Canadians who possess specific skill sets or are willing to move to work locations in remote parts of the country.

Recent Changes to the TFW Program

Retail employers have arguably been particularly hard hit by these measures. … Continue Reading

Border Battles: Navigating the Perils of Canadian Immigration Law for Retailers

Posted in Cross-Border Transactions, Legislation, Trade

The Immigration and Refugee Protection Act of Canada and its accompanying regulations primarily govern the way in which foreign nationals are lawfully admitted to Canada for work related purposes.

The following are the most common scenarios where retailers may seek to bring foreigners into Canada:

Whether you are an established Canadian retailer with stores primarily or solely in Canada, or a global company that is contemplating stores in Canada, Canadian immigration law and its effects on your company’s ability to effectively operate are significant in the retail sphere. From obtaining work permits for key personnel to facilitate their entry into … Continue Reading

Not COOLing Down: U.S.-Canada Trade Dispute over Country-of-Origin Labelling Requirements

Posted in Cross-Border Transactions, Legislation, Retailing, Trade

Canadian retailers and manufacturers in the food and beverage space should be aware of the upcoming decision of the Appellate Body of the World Trade Organization (WTO) regarding country-of-origin labelling (COOL) requirements in the United States. Previously expected on January 27, 2015, this highly anticipated decision will be released on May 18, 2015 and is likely to have a serious impact on both sides of the border.


Since 2008, a U.S. agricultural policy law called the Food, Conservation and Energy Act of 2008 has imposed rules requiring detailed labels identifying the country of origin of beef, pork, chicken and … Continue Reading

Canada Preparing to Impose a 100% Surtax on Imports from the United States

Posted in Canadian Market Entry, Cross-Border Transactions

The Canadian government has announced that it is considering the application of a 100% retaliatory surtax on selected goods imported from the United States. The proposed surtax is Canada’s response to the failure of the United States to implement World Trade Organization (WTO) rulings that held that U.S. Country of Origin Labelling (COOL) requirements under the 2008 Farm Bill (Bill) violate their WTO obligations by discriminating against Canadian (and Mexican) livestock. Public consultations are ongoing, and companies that rely on imports of the targeted products should be taking immediate steps to ensure they are not sideswiped by Canada’s retaliatory measures. … Continue Reading

Class Actions Across Borders

Posted in Cross-Border Transactions, Litigation

In an increasingly online retail world, most businesses operate across provincial and international borders. This reality poses particular challenges to businesses if they are hit with a class action, including:

  • In the United States, there is a mechanism to combine together class actions filed in different states into a single action, so that a business will only have to fight on one front. In Canada, there is no such mechanism other than by the consent of the parties to the various cases, and so a business may have to defend very similar cases in more than one province. Your business’
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Class Actions North and South of the Border

Posted in Cross-Border Transactions, Litigation

Although Canadian provinces’ class action statutes were originally based on the US federal class action regime, there are important distinctions both in the various statutes and in how Canadian class action law has evolved.

A few distinctions:

  •  US class action awards, including in respect of the equivalent of punitive damages, are generally higher than in Canada, but it is generally easier to get a case certified in Canada.
  • In Canadian statutes, there is no requirement that the common issues “predominate” over individual issues – so class actions based on personal injury-type harm happen in Canada even though they generally do
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