Jonathan O Hara photo
Jonathan O Hara photo
Jonathan O Hara photo

Jonathan O’Hara is recognized for his exceptional expertise as an advocate and litigator in complex regulatory regimes requiring economic analysis. He thrives on the challenge and satisfaction of helping clients obtain good, practical solutions through government regulatory processes. He co-heads McMillan’s Complex Disputes and Regulatory Regimes group.

A major focus of Jonathan’s practice is representing clients on matters relating to international trade law. As one of the most active practitioners in Canada, he appears before the Canadian International Trade Tribunal and the Canada Border Services Agency on anti-dumping / subsidy and government procurement proceedings. In such proceedings, he has represented clients in a variety of industries, including steel, oil & gas, construction, heavy equipment, and consumer goods. This client portfolio includes Canadian producers, as well as numerous global companies based in the US, Mexico, the EU, Japan and other countries.

Jonathan has a strong record of success for clients in international trade remedy proceedings. He also regularly advises and represents clients in dealings with administrative decision-makers in connection to customs and tariffs, as well as import / export controls and economic sanctions issues.

Another important facet of Jonathan’s complex regulatory practice is Copyright Board tariff-setting and related licensing assistance. Jonathan primarily represents users of copyrighted material, ranging from online streaming services and social media platforms to cinemas and universities. He has represented clients in some of the most complicated cases before the Copyright Board, as well as in licensing negotiations between collective societies and copyright users as an alternative to Copyright Board tariffs.

His extensive body of regulatory work includes challenging government actions and administrative decisions through judicial reviews before the courts. He has worked on numerous proceedings before the Federal Court and Federal Court of Appeal, as well as appeared before the Supreme Court of Canada.

Jonathan’s professional excellence is recognized in legal rankings and industry guides like Chambers, Lexpert and Best Lawyers as a leading Canadian lawyer in International Trade.



Representative Matters

  • Complaint by CGI Information Systems And Management Consultants Inc. File Nos. PR-2014-006, PR-2014-015 and PR-2014-020 (CITT)
  • Complaint by Knowledge Circle, File No. PR-2013-014 (CITT)
  • Complaint by Raymond Chabot Grant Thornton Consulting Inc. and Pricewaterhousecoopers LLP, File Nos. PR-2013-005 and PR-2013-008 (CITT)
  • Professional Computer Consultants Group v Department of the Environment, File No. PR-2012-016 (CITT)
  • Dumping and Subsidizing of Oil Country Tubular Goods from China, RR-2014-003 (CITT)
  • Dumping and Subsidizing of Concrete Reinforcing Bar from China, Korea and Turkey, NQ-2014-001 (CITT)
  • Dumping of Hot-Rolled Carbon Steel Plate from Brazil, Chinese Taipei, Denmark, Indonesia, Italy, Japan, Korea, NQ-2013-005 (CITT)
  • Dumping of Circular Copper Tube from Brazil, China, Greece, Korea and Mexico, NQ-2013-004 (CITT)
  • Dumping of Galvanized Steel Wire from China, Israel and Spain, NQ-2013-001 (CITT)
  • Dumping and Subsidizing of Seamless Casing Oil and Gas Well Casing from China, RR-2012-002 (CITT)
  • Dumping and subsidizing of Pup Joints from China, NQ-2011-001 (CITT)
  • Commercial Radio – SOCAN 1.A (2011-2013); Re: Sound (2012-2014); CSI (2012-2013); AVLA/SOPROQ (2012-2017); ARTISTI (2012-2014) (Copyright Board)
  • CSI – Online Music Services (2011-2012); SOCAN Tariff 22.A – Online Music Services (2011-2012); SODRAC Tariff 6 – Online Music Services, Music Videos (2010-2012) (Copyright Board)
  • NLG 2011 Inc. v. Central 1 Credit Union, 2014 ONCA 508
  • Square v. David, 2012 FC 624

Speaking Engagements

The Adjudication of Trade Remedies Disputes by Canadian Courts and Tribunals: What is “Now” and What is “Next”? - The Canadian Council on International Law (CCIL) annual conference

November 3, 2023

Ireland–Canada Chamber of Commerce – “CETA and Facilitating Trade Between Ireland and Canada”

May 2023

Increased Use of Global Trade Remedies and Impacts on Businesses

June 2021

Recent Developments in Global Trade Webinar

September 2019

All Hands on Deck: Navigating the Tricky Waters of the Federal Government's New Integrity Regime of Public Procurement The Canadian Bar Association, Webinar

April 2017

Country Pricing: Lessons from the anti-dumping regime, Paper by Dr. A. Neil Campbell and Jonathan O'Hara, presented to the 2014 CBA Annual Competition Law Fall Conference, Ottawa

September 18, 2014

News


Media Mentions


Rankings & Recognition

  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of International Trade Regulation
  • Recognized by Chambers Global (2024) as a leading lawyer in the area of International Trade / WTO
  • Recognized in the 2024 Lexpert/ALM500 Guide as a leading lawyer in the area of International Trade
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of International Trade and Finance Law
  • Listed in Who’s Who Legal: Canada 2023 as a leader in Trade & Customs
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of International Trade Regulation
  • Recognized by Chambers Global (2023) as a leading lawyer in the area of International Trade /WTO
  • Recognized in the 2023 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: International Trade Law
  • Listed in Who’s Who Legal: Global 2022 as a leader in Trade & Customs
  • Listed in Who’s Who Legal: Canada 2022 as a leader in Trade & Customs
  • Recognized by Chambers Canada (2023) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of International Trade and Finance Law
  • Recognized in the 2022 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of International Trade Regulation
  • Recognized by Chambers Global (2022) as a leading lawyer in the area of International Trade /WTO
  • Recognized by Chambers Canada (2022) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of International Trade and Finance Law
  • Listed in Who’s Who Legal: Global 2021 as a leader in Trade & Customs
  • Listed in Who’s Who Legal: Canada 2021 as a leader in Trade & Customs
  • Recognized in the 2021 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of International Trade Regulation
  • Recognized by Chambers Global (2021) as a leading lawyer in the area of International Trade / WTO
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of International Trade and Finance Law
  • Listed in Who’s Who Legal: Canada 2020 as a leader in Trade & Customs
  • Recognized by Chambers Canada (2021) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Chambers Global (2020) as a leading lawyer in the area of International Trade / WTO
  • Listed in Who’s Who Legal: Canada 2019 as a leader in Trade & Customs
  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of International Trade & Finance Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of International Trade / WTO
  • Who’s Who Legal: Canada 2018 -– Trade & Customs
  • Recognized by Chambers Canada 2019 as a leader in International Trade/WTO
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of International Trade & Finance Law
  • Recognized as an Associate to Watch in Chambers Canada, 2018
  • Who’s Who Legal: Canada 2017 -– Trade & Customs
  • Who’s Who Legal: 2017 -– Trade & Customs
  • Legal Media Group’s 2017 Rising Stars for International Trade
  • Who’s Who Legal: Canada 2016 -– Trade & Customs
  • Winner – Vis International Commercial Arbitration Moot – 2011 (Vienna, Austria)
  • Second place – International Round of European Law Students’ Association WTO trade law moot – 2010 (Santo Domingo, Dominican Republic)

Directorships & Affiliations

  • Canadian Bar Association – National Section of International Law (former Executive Committee member)
  • Former Co-Chair, American Bar Association Section of International Law – Canada Committee
  • Law Society of Ontario

Education & Admissions

2012
Called to the Ontario bar
2017
Other, Controlled Goods Program - Designated Official certification
2011
JD University of Ottawa
2003
B.Sc. (Honours) University of Guelph

Publications

Insights (29 Posts)View More

Featured Insight

Careful what you wish for! Canada issues long-awaited “guidance” on economic sanctions

Global Affairs Canada has, for the first time, released guidance on the application of economic sanctions in Canada, including to non-Canadian persons.

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Mar 28, 2024
Featured Insight

Two-Year Anniversary of Russia’s Illegal Invasion of Ukraine: New Sanctions Designations and Expansion of Export Prohibitions

To coincide with the two-year anniversary of Russia's invasion of Ukraine, Canada announced new sanctions and financial reporting obligations.

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Feb 28, 2024
Featured Insight

CETA, TCA, CPTPP and CUKFTA – The Web of Trade Agreements Between Canada and the UK

Canada and the UK will maintain a strong trade relationship and preferential market access through a complex and expansive web of trade agreements.

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Nov 15, 2023
Featured Insight

CBSA’s Proposal to Modernize the Valuation for Duty Regulations

CBSA's proposed amendments to modernize the Value for Duty Regulations alter the definition of "sold for export to Canada" and "purchaser in Canada".

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Jun 7, 2023
Featured Insight

Copyright Board Modernizes Royalty Tariff-Setting Procedures for Users

The Copyright Board of Canada has completed Phase 1 of its Modernization Initiative to improve its royalty tariff-setting procedures for collectives and users.

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May 24, 2023
Featured Insight

Let Them Roll: Dispute Settlement Panel Rules in Favour of Canada and Mexico on Automotive Rules of Origin and “Roll-Up” Method under CUSMA

Analysis of recent CUSMA panel decision on automotive rules of origin. Use of the roll-up method for core parts was in dispute between Canada, US and Mexico.

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Jan 24, 2023
Featured Insight

On the Right Track: Canadian Government’s Key Changes to Transportation of Dangerous Goods Regulations

The Canadian government has announced key changes to the Transportation of Dangerous Goods Regulations to streamline cross-border trade of dangerous goods.

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Jan 10, 2023
Featured Insight

Supreme Court of Canada Hits Pause Button on Double Royalties Payable by Online Music Service Users

The Supreme Court of Canada ruled that the Copyright Act does not require online music service providers to pay two separate royalties to access works online.

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Nov 2, 2022
Featured Insight

Let’s Get Digital – Canadian Government Consults on Model Digital Trade Policy

The Canadian government develops Model International Digital Trade Policy and requests to join the Digital Economic Partnership Agreement.

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Nov 1, 2022
Featured Insight

Could Imported Apparel Start Costing 17% More? Canada Revising its Special Duties for Developing Countries

Finance Canada has opened consultations on proposed changes to Canada's preferential tariff programs, with important implications for the apparel industry.

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Sep 9, 2022
Featured Insight

Changes to Canadian Copyright – Ranging from AI to IoT, to 20 Years Longer Protection

Canada will extend the duration of the copyright term, and enhance regulation of artificial intelligence, the Internet of things, and online intermediaries.

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Jul 29, 2022
Featured Insight

Canada Poised to Increase Regulation of Forced Labour in Supply Chains

Developments in Canadian regulation of forced labour in supply chains and their potential impacts on Canadian businesses

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Jun 7, 2022
Featured Insight

Budget 2022 Amends Legislation to Tackle Unfairly Traded Imports

Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.

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Apr 13, 2022
Featured Insight

Changes have Arrived at the Contract Security Program: Personnel Security Clearances

Changes to the Contract Security program affecting personnel clearances have now come into effect. This bulletin breaks down the changes.

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Nov 8, 2021
Featured Insight

When the Rubber Hits the Road: Practical Guidance for Automotive Companies to Comply with CUSMA

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

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Mar 3, 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

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

Aluminum Tariff Deja Vu? What is different this time.

This article summarizes the aluminum tariff saga and identifies key lessons learned from the initial imposition of aluminum tariffs in 2018.

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Aug 19, 2020
Featured Insight

Will Modern Slavery Legislation Become a Reality in Canada?

Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.

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Mar 3, 2020
Featured Insight

Canada’s New Export Brokering Regime

On September 17, 2019, Canada will formally become a State Party to the United Nations Arms Trade Treaty that regulates the international trade in conventional arms

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Aug 21, 2019
Featured Insight

NICARAGUA ALERT – Canada Imposes Sanctions on Certain Nicaraguan Officials

On June 21, 2019, Global Affairs Canada (“GAC”) imposed targeted sanctions against nine Nicaraguan senior public officials

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Jun 25, 2019
Featured Insight

What’s in a name – the USMCA is the new NAFTA

On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.

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Oct 4, 2018
Featured Insight

Surtax! What To Do Now

On July 1, 2018, Canada imposed surtaxes on steel, aluminum, as well as certain consumer and other products from the United States.

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Jul 6, 2018
Featured Insight

Tit for Tat

Canada Responds to U.S. Duties on Steel and Aluminium - In response to the American announcement of the imposition of duties on Canadian steel and aluminum

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Jun 1, 2018
Featured Insight

The Comprehensive and Progressive TPP – Countering The Pressures for Protectionism

January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".

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Jan 30, 2018
Featured Insight

Procurement complaints against the government: more than just bid challenges

Procurement complaints against the government: more than just bid challenges

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Feb 11, 2016
Featured Insight

The Persian Conversion: New rules for doing business in Iran

The Persian Conversion: New rules for doing business in Iran

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Feb 9, 2016
Featured Insight

The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions

This article was published in Business Law International (September 2015)

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Sep 29, 2015
Featured Insight

The Long and Winding Road – Canada-Korea Free Trade Agreement Signed

The Long and Winding Road - Canada-Korea Free Trade Agreement Signed

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May 17, 2014

Deals & Cases (7 Posts)

Featured Insight

McMillan helps client obtain urgent relief from flood of unfairly traded Chinese energy tubular products

Tenaris Canada was engaged in two anti-dumping and countervailing duty re-investigations before the Canada Border Services Agency (“CBSA”).

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Mar 17, 2023
Featured Insight

LP2 2022 RI: line pipe 2 Canada Border Services Agency (“CBSA”) concludes re-investigation

On December 23, 2022, Canada Border Services Agency (“CBSA”) concluded its re-investigation of the normal values and export prices of line pipe originating in or exported from South Korea.

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Dec 23, 2022
Featured Insight

McMillan LLP Successful in Anti-Dumping Action to Protect Canadian Furniture Manufacturers

Canada Imposes Trade Remedy Measures on Chinese and Vietnamese Products, Including Duties Up To 204 Percent.

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Sep 2, 2021
Featured Insight

Anti-Dumping Case Concerning Certain Pharmaceuticals

McMillan acted as Canadian counsel to Sobi AB and Sobi Canada, a foreign producer, exporter and importer in an anti-dumping case regarding opposing duties on rare disease pharmaceuticals produced in Sweden with the Canadian International Trade Tribunal (“CITT”).

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May 1, 2019
Featured Insight

Steel Safeguards

In response to global trade developments relating to steel (US section 232 action and EU steel safeguard), McMillan represented Tenaris Canada (for energy tubular products) and Max Aicher (North America) Ltd. (for rebar products) as they sought to have the Canadian government take measures to protect the domestic energy tubulars and rebar industries.

Read More
Apr 1, 2019
Featured Insight

Wipro Technologies Canada Ltd., protects contract in procurement bid challenge

Wipro Technologies Canada Ltd., protects contract in procurement bid challenge

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Nov 30, 2015
Featured Insight

Big win for Tenaris Canada in Canadian International Trade Tribunal injury inquiry

Big win for Tenaris Canada in Canadian International Trade Tribunal injury inquiry

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Apr 6, 2015