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.