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Jonathan O’Hara

Ottawa

613.691.6176

jonathan.ohara@mcmillan.ca

Expertise Administrative & Public Law International Trade Manufacturing

Jonathan O’Hara is recognized for exceptional expertise as an advocate and litigator in international trade law. Also highly experienced in administrative and public law, Jonathan assists a variety of clients ranging from large transnationals based in the US, Japan or India and their Canadian subsidiaries, to local growing businesses in the manufacturing, information technology and automotive industries.

As the major focus of his practice, Jonathan represents his clients on matters relating to international trade law. He appears before the Canadian International Trade Tribunal and Canada Border Services Agency on anti-dumping / subsidy and government procurement proceedings. He is recognized in Chambers Canada (2021) as a leading lawyer in the International Trade_WTO category.

Jonathan 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. His extensive body of regulatory work includes challenging government actions and decisions through judicial review. He has also worked on dozens of proceedings before the Federal Court and Federal Court of Appeal. Other experience includes appearing before the Copyright Board.

Appearing before all levels of court in Ontario in commercial disputes, including the Court of Appeal, Jonathan advances the interests of his clients in obtaining punitive damages, and in a variety of motions such as interlocutory injunctions and motions for contempt.

Expertise

Industries

Manufacturing

Practices

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

Recent Developments in Global Trade Webinar

September 2019

Global minute: How to Navigate Government Procurement in Canada

March 30, 2018 VIEW PRESENTATION

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

“Manufacturing, retail sides of Canadian furniture industry at odds over outcome of Asian dumping,” by Kyle Benning, Global News, May 31, 2021
“Lawyers expect recommendations about steel safeguards“, Law Times, April 1, 2019
“CUSMA could encourage digital trade,” Law Times, April 1, 2019
“Businesses should consider assistance post-NAFTA,” by Meagan Gillmore, Law Times, August 6, 2018
“Canadian International Trade Tribunal Releases Finding in Injury Inquiry,” Big Suits, Lexpert, July-August 2015
“Unlicensed paralegal uses Small Claims Court to commit fraud” by Siobhan McClelland, Law Times, August 13, 2012

Rankings & Recognition

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)
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

“The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions,” Business Law International (September 2015)
“Foreign Corrupt Practices – The Growth and Limitations of Canadian Enforcement Activity,” Indiana International & Comparative Law Review, Vol. 23 No.1 (August 2013)

Insights (17 Posts)

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.

Apr 13, 2022

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.

Nov 8, 2021

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.

Mar 3, 2021

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

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.

Dec 16, 2020

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.

Aug 19, 2020

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.

Mar 3, 2020

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

Aug 21, 2019

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

Jun 25, 2019

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.

Oct 4, 2018

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.

Jul 6, 2018

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

Jun 1, 2018

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".

Jan 30, 2018