Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Harmonization in Ontario of GST and ORST Does Not Include Decrease in Land Transfer Tax

After July 1, 2010 and harmonization, sales of new homes in the province of Ontario will be subject to harmonized sales tax ("HST") at a rate of 13%. In addition, the sale will be subject to land transfer tax imposed by the...

USTR Wants Canada to Implement IP Protection at Border - Canadian Trade Lawyers Cheer

The Obama administration added Canada Thursday to a notorious intellectual property blacklist of countries. One of the key issues is Canada's lack of border enforcement of copyright. Washington wants Canada to put an...

Victory for ATA re Ports' Clean Air Plans

Today, the decision of the District Court was issued regarding the request of the American Trucking Association for an injunction barring the Ports of Los Angeles and Long Beach from enforcing their Clean Air Plan. In the end,...

Canada - EFTA FTA Implementing Legislation Receives Royal Assent in Canada

On April 29, 2009, the Canada- European Free Trade Association Free Trade Agreement Implementation Act received royal assent in Canada.  As a result, the Canada - EFTA FTA (CEFTA) will be in effect.

The CEFTA was...

Registered design allows action against imports infringing that design

The decision of the Australian Federal Court in LED Technologies Pty Ltd v Elecspress Pty Ltd allowed an action brought by a local of holder of registered designs against the importers of goods produced overseas in breach of the...

Despite Unpopular U.S. Labelling of Swine from Canada, Canada Not to Blame for Swine Flu

Okay, the country of origin labelling rules pre-dated the world attention to swine flu.  However, swine flu will likely exacerbate the ongoing dispute between the United States and Canada over the United States Country Of...

Customs Screening and Seizures

I am often contacted after the Canada Border Services Agency (CBSA) has seized a traveller's property at one of Canada's airports. The caller usually has to pay an amount of money for the release of the goods - an amount between...

Launch of the EFIC Global Readiness Index underlines need for Trade Finance

On 20 April 2009, the Australian Government's Export Finance and Insurance Corporation (EFIC) (see www.efic.gov.au) released it second Global Readiness Index Report (Index) (see www.efic.gov.au/gri/report)

 

The Index...

The Irony is that Harmonization May Cost the Ontario Government More

Goods and service providers and others who currently do not charge the Ontario Government ORST may have to start charging the Ontario Government the Provincial Component of the HST after harmonization.

At the present time, the...

Canada - EU Free Trade Agreement Talks to Move Forward

Canada's Globe and Mail newspaper is reporting that on April 27, 2009, the European Union endorsed plans today to open negotiations with Canada on a new free-trade pact.  The free trade talks will formally launch at an...

China Files WTO Request for Consultations on U.S. Poultry Import Restrictions

On April 17, 2009, China filed a Request for Consultations with the World Trade Organization's Dispute Settlement Body concerning U.S. measures affecting imports of poultry from China (WT/DS/392). Section 727 of the Omnibus...

U.S. Customs uses border 'hits' to blame Canada

Such was the headline in today's thestar.com story, see www.thestar.com/World/Columnist/article/624334. The point of the story was how Canada is often blamed for having lax borders and ineffective laws and so, the logic...

Laptop searches – Is the U.S. government acting outrageously?

Cyndee and I participated on a panel about laptop searches at the recent American Bar Association International Law Section Spring Program. One of our fellow panelists let us know, in no uncertain terms, that he thought we were...

Seizure of Counterfeit Goods on the Rise/Identity Theft Increasing, Too

Local Customs is fond of saying that about half the intellectual property rights seizures in the U.S. occur at the Port of Los Angeles/Long Beach. Nonetheless, stories about significant counterfeit seizures are being publicized...

Treasury Secretary Geitner Talks International Trade – Sort Of

In prepared remarks for a speech on April 22nd at the Economic Club of Washington, Secretary Geitner made comments covered in the general press as touting international trade, but more notable for what he did not say about...

Canada Introduces Electronic Commerce Protection Act to Stop Spam

On April 24, 2009, Canada's Minister of Industry announced that the government has introduced Bill C-27 An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage...