Michael Flavell
Education:
- Call to Bar, Quebec, 1966
- LL.M., Harvard Law School, 1965
-B.C.L., Faculty of Law, McGill University, 1964
- B.A., Bishop's University, 1961
Special Designations
Appointed Queen's Counsel (Federal), 1992
Professional Activities
- Joined Lang Michener in 2005 as Chair of the International Trade Group
- Co-Founded Flavell Kubrick LLP in 1993 after 10 years leading the Ottawa office of a major national law firm; Partner with the same firm's Montreal office for some 16 years previously
- Included in The Best Lawyers in Canada, 1st edition and The Best Lawyers in Canada 2008 as a leader in International Trade and Finance Law
- Included in the Lexpert/American Lawyer Media 2007 Guide to the Leading 500 Lawyers in Canada in the area of international trade law
- Included in the CanadianLegal Lexpert Directoryover several years as top-ranked in both international trade law and competition law
- Included in The Legal Media Group Guide to the World's Leading International Trade Lawyers
- Achieved "AV",the highest Peer Review Rankingawarded byMartindale-Hubbell
- Selected for inclusion in the International Who's Who of Trade & Customs Lawyers, published by Law Business Research (U.K.)
- Recognized in Chambers Global: The World's Leading Lawyers 2007, as a leader in the practice area of WTO/International Trade.
One of Canada's dominant trade lawyers, Mr. Flavell has an extensive record of appearances, on behalf of both foreign and domestic parties, in anti-dumping, subsidy and safeguard inquiries and reviews before the Canadian International Trade Tribunal (CITT) and its predecessors. He has represented clients before the Federal Court of Canada (Trial and Appeal divisions) and in the Supreme Court of Canada, including a successful appearance in the landmark administrative law decision, National Corn Growers v. Canada (1990). Mr. Flavell has been recognized annually by LEXPERT as a leading Canadian practitioner of both international trade law and competition law, a unique distinction.
Mr. Flavell was appointed to the original roster of the Canada-United States Free Trade Agreement Dispute Resolution Panel (Chapter 19). In addition to having acted as a Panelist, he has frequently argued before NAFTA and FTA Panels as counsel. He advises clients in all areas respecting the CITT, NAFTA, and WTO rules and procedures, Government policies, and other international trade issues, specializing in matters of customs law, excise law, anti-dumping, countervail and safeguard measures.
A veteran practitioner of competition law, Mr. Flavell interfaces at senior levels with the Competition Bureau and represents clients before regulating Tribunals and Courts. He provides counsel and opinions on all aspects of Canada's antitrust law, the Competition Act, and has been recognized by LEXPERT for his leadership and publications in the competition law area.
In the field of aboriginal law, Mr. Flavell acted for the Inuvialuit (Inuit) of the Western Arctic in negotiating with the Government of Canada and other stakeholders a precedent-setting Land Claims Settlement. He continues to counsel them on implementing the Settlement, in subsequent dispute resolution, arbitration proceedings and litigation, and in corporate matters.
Seminars and Speaking Engagements
Mr. Flavell has presented countless seminars on both international trade and competition law. His most recent speaking engagements have included:
- Speaker "Utility of Safeguard Measures in Light of Bicycles and Barbeques Cases"at the Building a Canada-China Strategic Partnership: Challenges and Opportunities of Increased Trade and Investment Conference, presented by The Centre for Trade Policy and Law (CTPL), May 18, 2007, Ottawa
- Speaker " "Winning Ways at the CITT" at the IBA/CBA Combined National Commodity Tax, Customs and Trade Law Conference: Thursday, May 17, 2007, Toronto
- Speaker "Paying the Price: Conspiracies and Cartels" at the Mapping the Terrain: An Update on Canadian Competition presented by Lang Michener, Thursday, May 10, 2007, Toronto
- Moderator "Panel Discussion: Global Connections – The Current State of Trade with the U.S. and China" at the Global Trade: Managing Risks and Reaping Rewards event presented by Lang Michener, November 23, 2006, Toronto
- Presentation on "NAFTA Rules of Origin", Canadian Association of Importers and Exporters (ie Canada) 75th Annual Conference, "Balancing Trade & Security to Grow your Business", October, 2005, Toronto
- Speaker on "Anti-Dumping, Countervail, Safeguard Measures and Trade Agreements", IPG Fall Conference, October 2005, Toronto
- Presentation on "Recent Developments in Significance in Merger Review, Anti-Cartel Enforcements and Other Competition Law Issues", Lang Michener 5 O'Clock Lecture Series, September, 2005, Toronto
- "The Marine Mammals Protection Act; at the Intersection of International Trade and Aboriginal Law", presented to the International Law Section and Aboriginal Law Section, Canadian Bar Association, April 2, 2004, Montreal, Quebec
- "Reviewable Practices in the Competition Act: Refusal to Deal, Exclusive Dealing and Tied Selling", presented to the Business Law Section, Ontario Bar Association, May 13, 2002, Toronto, Ontario
Teaching Engagements
Guest Lecturer, University of Ottawa, Faculty of Law, Common Law Section, "Studies in International Law: International Trade Remedies".
Directorships & Business Interests
Shimano Canada Ltd.
Professional Memberships
- Canadian Bar Association
- Barreau du Québec
- Governeur, Fondation Barreau du Québec
- American Bar Association (International Law & Practice)
- International Bar Association
- Inter-Pacific Bar Association
- Past Governor, Bishop's University
- Past Governor, Montreal General Hospital
- Past Secretary, Montreal Bar Association
Community Involvement
- Co-Host of Annual Children's Charities Golf Tournament which successfully raised some $500,000 over eleven years for CHEO and other deserving children's charities in Eastern Ontario
- Principal Supporter of the Westminster Pet Sanctuary

