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Partner, Class Actions | Product Liability & Regulation
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.
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.
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.
James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!
Proposed Canadian federal luxury tax raises issues for the aviation, automotive and boat industries
During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.
Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.
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.
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
EIn class actions, the right to examine an affiant is the subject of conflicting case law.
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
Ontario has also passed legislation to protect commercial tenants.
The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.
A report released by a Committee of Canada’s Parliament includes 13 recommendations to encourage the production and purchase of ZEVs in Canada.
The regulation of Ontario’s auto insurance market may undergo several key changes to enhance consumer protection and foster greater competition and innovation.
Publication of Greenhouse Gas Offset Credit System Regulations under section 195 of the Greenhouse Gas Pollution Pricing Act.
In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.
Join us for Part Two of McMillan's Automotive Industry Webinar Series
Generally speaking, automotive OEMs, their independently owned dealerships and ultimate consumers all expect new vehicles to be sold from clean, attractive and modern facilities.
USMCA, CUSMA, T-MEC, CPTPP, Free Trade Agreements, Automotive Industry, International Trade, Duties, Global Affairs Canada.
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
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.
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.
Transport Canada releases an informal consultation as the latest step to creating the new Motor Vehicle Safety Administrative Monetary Penalties Regulations.
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
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.
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
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.
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
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.
Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers
Guide for borrowers to discussing loan defaults and additional credit support with lenders.
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
Restructuring options and challenges in the time of COVID-19.
Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.
The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.
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.
The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.
The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.
Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.
McMillan hosted the first quarterly instalment of the Innovations in Mobility Series with Caliber Data Labs and SAE International.
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
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
This bulletin provides an overview of the new breach reporting requirements.
The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.
On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.
Canadian motor vehicle and equipment manufacturers and importers need to be aware of new powers given to Transport Canada.
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases
Changes to Personal Emergency Leave in the Automobile Sector
Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract
Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016
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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