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parking lot view from above
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AUTOMOTIVE

Innovators intent on succeeding in the ever-changing automotive landscape are forging new ground amid increased environmental regulation, automation and rising geopolitical tensions. McMillan’s automotive and transportation industry lawyers have a depth of expertise providing a range of business law services and work across all areas that govern the industry from competition and regulation to finance, litigation and mergers and acquisitions.

Our automotive and transportation industry lawyers help companies across the automotive sector anticipate and survive disruption, forge new ground, keep up with changing consumer demands, and deal with potential safety issues. We work throughout the automotive supply chain, assisting manufacturers, suppliers, finance companies and other automotive-related businesses to succeed in this highly competitive space.

McMillan’s automotive and transportation lawyers help automotive finance companies and other lenders navigate increasingly complex legal and government regulatory requirements, and consult on mergers, acquisitions, divestitures, business structure, taxation, trade, real estate and employment matters.

Our automotive legal experts provide strategic advice on acquisitions and divestitures and intellectual property matters. We ensure suppliers’ purchase and sale conditions, including warranties, comply with regulations and good commercial practice. We also successfully negotiate, renegotiate and, if necessary, litigate a wide variety of business arrangements, as well as settlements with downstream suppliers, lenders and original equipment manufacturers (OEMs). Should circumstances arise by manufacturing defects or product recalls, McMillan’s automotive experts are known for their litigation and dispute resolution skills.

AUTOMOTIVE FINANCE

With the majority of North American consumers financing or leasing their vehicles, auto finance is a critical component of any successful program for marketing vehicles to consumers.

McMillan’s automotive industry lawyers help automotive financing companies and other lenders  comply with increasingly complex legal requirements and government regulations, including those related to financial services, privacy and consumer protection. We assist in the establishment and maintenance of retail and wholesale finance programs, draft financing contracts and related forms and advise on the securitization of auto leases and loans. Our lawyers also help establish and document commercial paper programs, private placement financing and lines of credit with banks and other financial institutions.

AUTOMOTIVE MANUFACTURERS & DISTRIBUTORS

McMillan’s automotive manufacturing industry lawyers work with many leading automobile manufacturers and distributors to help them anticipate and manage the legal and regulatory impacts of the evolving Canadian and global automotive landscape.

We combine our broad business law and advocacy skills and specialist industry know-how to help automotive clients navigate their day-to-day issues and chart a long-term path to success. In particular, we help our clients lead by assisting with the establishment of Canadian operations and distribution networks; advising on business structure, taxation, trade, real estate and employment matters; negotiating supplier agreements, commercial contracts and related matters; defending against product liability claims, including class actions, and advising on product liability risk management; and litigating disputes involving supplier or distributor contracts, intellectual property and competition issues.

AUTOMOTIVE SUPPLY CHAIN

Innovative original equipment manufacturers (OEMs) are pursuing global manufacturing strategies and implementing non-traditional supplier relationship programs, necessitating the counsel of lawyers who understand the supply chain and can devise legal strategies to protect commercial interests.

McMillan LLP’s automotive supply chain lawyers are experienced in navigating potential issues that can surface in any given contractual arrangement. With expertise in the domestic and international laws and regulations governing the global supply chain, we helps our automotive supply chain clients lead by drafting, reviewing and renegotiating contract terms and conditions for a wide variety of commercial arrangements; ensuring purchase and sale conditions comply with regulations and good commercial practice; negotiating settlements and litigating disputes with downstream suppliers, lenders and OEMs; and advising on supplier insolvency issues and developing practical solutions to potential disruptions in the supply chain.

DEALERSHIPS

Today’s car dealerships must comply with myriad laws governing everything from competition to employment to marketing. McMillan’s automotive industry lawyers advise on dealer franchise agreements and resolving manufacturer-franchise disputes; assist with the development and review of dealer sales, leasing and service agreements; consult on regulatory compliance matters; advise on insurance, tax and employment laws for car dealerships; and assist with mergers, acquisitions and divestitures including related tax, estate and succession planning.

Primary Contacts

View All Contacts
John Clifford
Partner, Business Law | Mergers & Acquisitions
Teresa Dufort
Chief Executive Officer / Managing Partner
Partner, Class Actions | Product Liability & Regulation
W. Brad Hanna, FClArb.
Partner, Corporate Commercial Litigation
Lisa Parliament
Partner, Class Actions | Product Liability & Regulation

INSIGHTS (54 Posts)

Featured Insight

Watch as that Trust is Swept Away

Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.

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Jul 30, 2021
Featured Insight

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

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Jul 12, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

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Jul 5, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

Québec Class action – What’s new? Examination of the defendant at the authorization stage

EIn class actions, the right to examine an affiant is the subject of conflicting case law.

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Jun 14, 2021
Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Featured Insight

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

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May 17, 2021
Featured Insight

What Are You Suing Me For? I Had No Control: Lessor Fleet Liability

The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.

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May 12, 2021
Featured Insight

Road to Zero: Parliamentary Standing Committee Calls for Canada to Implement ZEV Standard

A report released by a Committee of Canada’s Parliament includes 13 recommendations to encourage the production and purchase of ZEVs in Canada.

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Apr 27, 2021
Featured Insight

Upcoming Changes to Ontario’s Auto Insurance Regime

The regulation of Ontario’s auto insurance market may undergo several key changes to enhance consumer protection and foster greater competition and innovation.

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Apr 12, 2021
Featured Insight

Canada’s Federal Greenhouse Gas Offset Credit System Creates Green Incentives for Regulated Facilities

Publication of Greenhouse Gas Offset Credit System Regulations under section 195 of the Greenhouse Gas Pollution Pricing Act.

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Apr 7, 2021
Featured Insight

Supreme Court of Canada Upholds Federal Carbon Pricing Regime

In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.

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Mar 29, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Details
February 9, 2021 - 1:00 pm to 2:30 pm ET
Featured Insight

Facility Image Programs: Disruption Brings Opportunities

Generally speaking, automotive OEMs, their independently owned dealerships and ultimate consumers all expect new vehicles to be sold from clean, attractive and modern facilities.

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Jan 11, 2021
Featured Insight

Keeping the CPTPP as a Spare Tire: The New and Different Automotive Rules of Origin Under the CUSMA and the CPTPP

USMCA, CUSMA, T-MEC, CPTPP, Free Trade Agreements, Automotive Industry, International Trade, Duties, Global Affairs Canada.

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Dec 16, 2020
Featured Insight

Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols

Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.

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Dec 9, 2020
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

Details
December 2, 2020 - 1:00 pm to 2:30 pm ET
Featured Insight

No Compensable Loss? No Class Action – Maginnis v FCA Canada

This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.

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Nov 5, 2020
Featured Insight

Transport Canada driving forward with administrative monetary penalties under the Motor Vehicle Safety Act

Transport Canada releases an informal consultation as the latest step to creating the new Motor Vehicle Safety Administrative Monetary Penalties Regulations.

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Oct 22, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

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Oct 13, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
Featured Insight

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

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Sep 30, 2020
Featured Insight

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Sep 10, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

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Aug 5, 2020
Featured Insight

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

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Jun 24, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

Rules for Control of Electronic Chattel Paper – Ontario’s Push to Modernize the Personal Property Security Act

On Friday, May 15, 2020, the electronic chattel paper amendments to the Ontario PPSA finally came into force, nearly a year after receiving royal assent.

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May 18, 2020
Featured Insight

Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know

Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers

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Apr 7, 2020
Featured Insight

Asking Lenders for Time to Deal with COVID-19 Problems

Guide for borrowers to discussing loan defaults and additional credit support with lenders.

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Mar 31, 2020
Featured Insight

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

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Mar 23, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

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Feb 24, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
Featured Insight

Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem

Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.

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Jan 7, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

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Dec 30, 2019
Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

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Dec 16, 2019
Featured Insight

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.

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Dec 16, 2019
Featured Insight

Recap from Innovations in Mobility and Transportation Quarterly Series

McMillan hosted the first quarterly instalment of the Innovations in Mobility Series with Caliber Data Labs and SAE International.

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Nov 11, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

Federal Government Wants Provinces Riding Shotgun for ZEV Sales Targets

Federal Min of Transport requests support for federal plan for non-combustion-powered or "zero-emission" vehicles make up 10% of Canadian vehicle sales by 2025

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Feb 6, 2019
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act

The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.

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Oct 23, 2018
Featured Insight

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

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May 30, 2018
Featured Insight

Motor Vehicle Safety Act amendments put transport minister in the driver’s seat with new recall, investigation and penalty related powers

Canadian motor vehicle and equipment manufacturers and importers need to be aware of new powers given to Transport Canada.

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Mar 21, 2018
Featured Insight

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

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Dec 21, 2017
Featured Insight

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

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Jul 11, 2017
Featured Insight

Free Trade Trumps Protectionism

Free Trade Trumps Protectionism

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Jan 23, 2017
Featured Insight

Changes to Personal Emergency Leave in the Automobile Sector

Changes to Personal Emergency Leave in the Automobile Sector

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Jan 12, 2017
Featured Insight

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal

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Oct 24, 2016
Featured Insight

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

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Aug 24, 2016
Featured Insight

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

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Dec 18, 2015
Featured Insight

Public Display of English-Language Trade-Marks: Quebec Court of Appeal Confirms the Decision in Magasins Best Buy Ltée v. Québec (Procureur Général)

Public Display of English-Language Trade-Marks: Quebec Court of Appeal Confirms the Decision in Magasins Best Buy Ltée v. Québec (Procureur Général)

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May 1, 2015