


Food, Beverage & Agribusiness
As the global population continues to grow, McMillan LLP helps food, beverage and agriculture leaders navigate complex regulations and build reputational strength.
Food, Beverage & Agribusiness
The food, beverage and agribusiness industries are vital and rapidly growing components of the Canadian and global economies. They are also increasing in complexity as a result of new product innovation, brand proliferation, greater consumer interest in nutritional and health issues, more stringent regulation, new technologies being integrated into product development and distribution processes, and stronger commitments to sustainability and biodiversity. McMillan’s agricultural, food and beverage industry lawyers equip their clients to remain competitive and successful at every stage of the game. McMillan’s food and beverage lawyers have acted for some of the world’s largest and leading food and beverage industry manufacturers, importers, distributors and retailers in product creation and liability litigation. Known among law firms for our deep domain expertise across food, beverage and agriculture and 14 other industries that define the economy, as well as our commitment to client service excellence, our lawyers are well-equipped to help any consumer-packaged goods or agriculture leader continue their path towards success.
McMillan’s food and beverage lawyers specialize in negotiating and implementing mergers, acquisitions, joint ventures and strategic alliances, including listing agreements with major retailers and co-packing agreements. We also provide representation in litigation and other dispute resolution processes on a wide range of issues, including supply chain, franchising and distribution matters, corporate and commercial disputes, tax issues, and product liability and recall. McMillan has helped some of the largest food and beverage industry players successfully navigate legal situations that would have otherwise had a severe impact on their brand.
Agribusiness Strategies and Legal Structure
With the world population growing by 81 million people per year and Canada’s abundant natural resources, our country is well-positioned to maximize global agribusiness opportunities. McMillan offers comprehensive legal advice on both contentious and non-contentious aspects of commercial matters to clients in the agricultural sector. We help clients overcome obstacles they may face, including navigating the unique regulatory landscape in these sectors. We have extensive experience working with the Canadian Food Inspection Agency (CFIA), Health Canada, Canada’s Competition Bureau and other agencies.
McMillan LLP is proud to support people who rely on the land for their vocation while serving the needs of innovators who seek to grow agriculture at a faster rate through technology. With the assistance of our partnering public policy firm, McMillan Vantage Policy Group, our agriculture lawyers can better advise clients on how to navigate complex industry laws and regulations. In addition to negotiating mergers, acquisitions, joint ventures and strategic alliances, we assist with all types of regulatory compliance and with the transportation, shipping, carriage and logistics of bulk agricultural and agri-food products – to anywhere in the world.
Insights (36 Posts)
The Franchise Resale Disclosure Exemption: Franchisors “Wing It” at Their Own Peril
Jayasena Management Corp. et al. v Savannah Wells Holdings Inc. et al. considers the franchise resale disclosure exemption under the Arthur Wishart Act.
New Mandatory Reporting Requirement for Businesses: Canada’s Modern Anti-Slavery Bill Becomes Law
Canada imposes new reporting obligations on forced labour, and what it means for Canadian businesses.
Trademark of Foreign Owner Invalidated on the Basis of Bad Faith
Awareness of a senior rights holder’s trademark and its prior use of such trademark in Canada is relevant to the assessment of bad faith.
Canadian Businesses Should Prepare for New Mandatory Reporting on Supply Chains and Forced Labour
Canada prepares to impose new reporting obligations on forced labour, and what it means for Canadian businesses.
Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment
Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.
Too Quick to (Summary) Judge: The Shortcomings of Summary Judgment in Patent Actions in Canada
The FCA addresses the shortcomings of summary judgment in patent cases, along with issues relating to "common general knowledge" and experimental testing.
Protecting International Brands: Bad Faith Filing Leads to Expungement of Trademark Registration
A trademark registration in Canada is invalid if the application for registration was filed in bad faith.
CFIA Seeks Guidance on Food Info and Labelling for Food Sold Online
Canada’s food regulator considering guidelines for food labelling and information regarding food products sold online, with consultation ongoing.
Latitude Check: Federal Court Finds that a Line of Latitude is a Place of Origin
The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.
Practice Update: CIPO Provides Guidance on the Meaning of “Due Care”
CIPO recently issued determinations regarding the meaning of "due care". Are your internal practices in-line with CIPO's determinations?
Use of Laudatory Terms in Trademarks: An Overview for the Beverages Sector
A business may be tempted to choose a trademark that at least in part simply lauds the quality of its goods and services. Think twice before proceeding.
Canada Enters Into Free Trade Negotiations with the Association of Southeast Asian Nations
Canada recently announced it will proceed with free trade agreement negotiations with ASEAN member countries, expanding opportunity for trade and investment.
Water Law Seminar: Part 1
This webinar provides introduction and an insightful discussion issues, challenges and opportunities facing residents, irrigation districts and municipalities in Alberta.
Changes on the Menu – 2nd Course: Canadian Food Inspection Agency Updates Implementation Plan for Food Labelling Rules
This Bulletin covers the Canadian Food Inspection Agency's Implementation Plan for Updates to Food Labelling Rules.
Recent changes for farmers’ market vendors in Alberta / Introducing the “Made in Alberta, by Albertans” label
This Bulletin covers changes to rules for farmers' markets and their vendors in Alberta, plus the rollout of the "Made in Alberta, by Albertans" logo and label.
Changes on the Menu: Canadian Food Inspection Agency Publishes Consultation Report on Proposed Guidelines for Simulated Meat and Poultry Products
This Bulletin discusses feedback on the CFIA’s proposed new guidelines for plant-based meat and poultry, what could be changing and what the CFIA is doing next.
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.
Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful
On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.
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.
Heightened Scrutiny of Foreign Investment in the Time of COVID
In its April 18, 2020 COVID-19 policy statement, the government of Canada dramatically expanded the breadth and depth of its review of foreign investments.
The Impact of COVID-19 on Agribusiness – Business and Legal Considerations
In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec
An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.
Safe Food for Canadians Regulations: Food for Thought for Canadian Businesses
The SFCR - proactive response to threats to food safety, evolving consumer preferences, supply chains and prevention-focused international food safety standards
Canada’s House of Commons Rejects Mandatory Labeling of Genetically Modified Foods
Canada's House of Commons Rejects Mandatory Labeling of Genetically Modified Foods
Now in Force: Ontario’s Healthy Menu Choices Act, 2015
Now in Force: Ontario's Healthy Menu Choices Act, 2015
Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling
Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling
Making Better Food Choices: Health Canada’s Vision for Canadians
Making Better Food Choices: Health Canada's Vision for Canadians
The Canadian Food Inspection Agency’s Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches
The Canadian Food Inspection Agency's Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches
Labels, Endorsements, and Scientific Proof: A New Approach to Self-Care Products in Canada
Labels, Endorsements, and Scientific Proof: A New Approach to Self-Care Products in Canada
The Govt of Canada Extends the Fair Rail for Grain Farmers Act
The Govt of Canada Extends the Fair Rail for Grain Farmers Act
North America’s GMO-Labeling Policy Patchwork and the Consumer’s “Right to Know”
North America's GMO-Labeling Policy Patchwork and the Consumer's "Right to Know"
What’s in a Name? Organic Food Labelling in British Columbia
What's in a Name? Organic Food Labelling in British Columbia
From Lab to Farm to Table: Regulation of Genetically Modified Food in Canada
From Lab to Farm to Table: Regulation of Genetically Modified Food in Canada
Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?
Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?
TPP of the Iceberg
n October 5, an announcement was made that there was an agreement in principle on the Trans-Pacific Partnership ("TPP") trade deal. The draft text of the agreement has not yet been made public, and its details are still sparse, except in certain politically sensitive areas.
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