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cross-border litigation

McMillan LLP's Cross-Border Litigation Team is experienced and skilled in cross-border and multi-jurisdictional litigation.  When disputes that occur outside Canada have a Canadian component, McMillan's CBL Team can help international litigants looking for an advantage, whether the matter reaches across Canada or is localized in one province.

The CBL Team is nationally recognized and accredited.   For example, CBL Team members have been selected as leading lawyers the following lists: LEXPERT'S 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada; The Best Lawyers in Canada 2011; Guide to the Leading 500 Lawyers in Canada; The International Who's Who of Life Sciences Lawyers; The International Who's Who of Business Lawyers; Chambers Global; PLC; Euromoney's Guide to the World's Leading Competition and Antitrust Lawyers and Legal Media Group's The Best of the Best.

Members of McMillan's CBL Team are members of State Bars and Association in key US jurisdictions, including New York, Texas, Arizona and Washington.  CBL Team members belong to a variety of internationally recognized and accredited organizations, ensuring that we have not only the required legal knowledge but also the proper context to assist with cross-border litigation issues.

The CBL Team has experience in many facets of multi-jurisdictional practice, including:
  • expertise in specific forms of disputes such as class actions, insolvency proceedings and intellectual property disputes arising in the US and abroad;
  • enforcement of foreign orders and judgments;
  • assisting with enforcement of Canadian orders abroad;
  • providing assistance to foreign tribunals through the taking of depositions and evidence of domestic witnesses located in Canada;
  • providing evidence on Canadian law;
  • challenges to Canadian or foreign court jurisdiction, including anti-suit injunctions and stay proceedings;
  • international arbitrations; and
  • Canadian statutes whose reach extends beyond Canadian borders, such as the State Immunity Act.
McMillan LLP is not only America's Canadian Law Firm, but is also ready and able to advise on disputes originating outside North America.  We have offices across Canada and in China.  Contact us to find out how our extensive experience, combined with our responsible business practices and practical approach to the resolution of legal issues, ensure that we offer effective and cost-efficient advice and representation on cross-border and multi-jurisdictional issues.

publications:

litigation in Canada
litigation in Canada: a guide for U.S. clients


Publications / Presentations
January 2012
Litigating a Cross-Border Dispute in Canada: 10 Things American Lawyers Need to Know Before Getting Started
2012 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada
October 2011
the weakest link: Supreme Court of Canada rules against defamation by hyperlink
litigation bulletin
October 2011
Canada Chapter in Getting The Deal Through - Private Litigation 2012
Global Competition Review
October 2011
international commercial arbitration awards – no deference on questions of jurisdiction
litigation bulletin
July 2011
getting blood from a stone – enforcing unpaid corporate judgments against directors
Litigation Bulletin
also published in TerraLex Connections enewsletter
June 2011
the Canadian approach to 'passing on' and indirect purchaser claims
Competition Bulletin
June 2011
U.S. Supreme Court decides case brought by i4i against Microsoft
Intellectual Property Bulletin
June 01, 2011
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
The Canadian Legal Lexpert Directory 2011 
May 2011
limitations unlimited: foreign judgments are subject to two-year limitations period in Ontario
Litigation Bulletin
March 2011
risky business: doing business in near-failed and failed states
Client bulletin
January 2011
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
2011
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.
Winter 2010
Are Injuries in Ontario Enough?
InBrief Winter 2011
Winter 2010
Law Note - Letters Rogatory: Win or Pay?
InBrief Winter 2011, Commercial Litigation Brief Fall 2010
November 2010
Proving a Foreign Cause of Action in Ontario: Implications for Discovery and Trial
The Litigator
Co-Authored by Ronald Petersen and Stephen Maddex
October 2010
Beware – indemnify a Canadian company and you may just find yourself stuck in a Canadian Court
Cross-Border Litigation Bulletin
October 2010
Appeal court offers guidance in jurisdictional battles
Quoted, Law Times, October 4, 2010
October 2010
Extraterritorial Liability of Mining, Oil and Gas Companies
International Bar Association Annual Conference
October 2010
Globalization of Class Actions
Association of Corporate Counsel annual conference – October 2010
October 2010
Recognition and Enforcement of Foreign Judgments in Canada
International Bar Association, International Litigation Course, Vancouver
August 2010
Ontario Court of Appeal clarifies enforceability of exclusive jurisdiction clauses
Cross-Border Litigation Bulletin
June 2010
Law Note - Hunting Defendants in Ontario
InBrief Summer 2010
June 2010
Cross Examination in International Commercial Arbitration
Federated Press Course
May 2010
Jurisdiction and Forum Issues in Canada
Practicing Law Institute, International Litigation Conference 2010, New York
April 2010
Conspiracy Class Action Certification: Canada and U.S. Diverge
ABA Section on Antitrust - International Antitrust Bulletin
April 2010
jurisdiction is in the eye of the enforcer
cross-border litigation bulletin
April 2010
long-arm jurisdiction revisited in Ontario
cross-border litigation bulletin
February 2010
The Current State of the Law in Canada and the U.S.: Key E-Discovery Decisions
McMillan Presentation
January 2010
E-Discovery Around The World
Co-author - The Practice Litigator
2010
Canada: Private Antitrust Litigation
An extract from the 2010 Antitrust Review of the Americas - a www.GlobalCompetitionReview.com special report.
2010
Canada
Arbitration World
October 2009
Staying Foreign Parallel Proceedings Just Got Tougher
Cross-Border Litigation Bulletin
October 2009
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2010
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2010 (published in October 2009).
October 2009
Feds Offering Break to eBay vendors in arrears
The Bottom Line, Donalee Moulton, Vol. 25 No. 12
February 2009
Gathering Evidence in the Great White North:
It's not just the weather that will surprise you!
Paper - ABA Section of Litigation Committee on Corporate Counsel CLE
February 2009
It's a Small World After All: Business Litigation in a World Economy
Presentation - ABA Section of Litigation Committee on Corporate Counsel CLE
December 05, 2008
Offshore Data Accessible by Canada Revenue Agency: FCA
Lawyers Weekly, Donalee Moulton
August 2008
International Discovery: Around the World in Ninety Minutes
2008 ABA Annual Meeting, Section of Litigation and presented at the 2009 ABTL Annual Meeting
May 2008
PwC pays out $225 million US to settle case
The Bottom Line, Donalee Moulton
November 2007
U.S. Investors Seeking Legal Remedy From Third Parties
by Paul Webster, Investment Executive
Fall 2007
The Google Effect
by Donalee Moulton, Canadian Lawyer Associates
October 2007
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2008
A Global Competition Review Special Report
October 2007
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Global Competition Review, October 2007
September 2007
PWC Pays Out $225 Million U.S. to Settle Case
by Donalee Moulton, The Bottom Line, Vol. 23, No. 10
August 2007
Comparing E-Discovery in the United States, Canada, the United Kingdom, and Mexico
2007 Annual Meeting - American Bar Association
Summer 2007
Service and Examination of Canadians: The Hague Is Not the Answer
Commercial and Business Litigation
Spring 2007
Internet Jurisdiction A 'Minimum Contact' Sport For Foreign Defendants
Court Adopts U.S. Approach to Resolve Issue of Internet Jurisdiction
Cross-Border Litigation Bulletin
Spring 2007
The House of Lords concludes that bank owes no duty of care to the
beneficiary of freezing orders: Customs and Excise Commissioners v. Barclays Bank plc
Banking and Finance Law Review
March 2007
Focus on Alternative Dispute Resolution
China provides guidance on its arbitration law
The Lawyers Weekly, March 20, 2007
October 2006
Getting the Deal Through – Private Antitrust Litigation 2007
Global Competition Review
October 01, 2006
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2007
A Global Competition Review Special Report
August 2006
Mining Company Barred from Staking its Claim in an Ontario Court
Cross-Border Litigation Bulletin
Spring 2006
Voluntariness of Payments May be Weak Link in Certifying Usury Class Actions
Financial Services Litigation Bulletin
Spring 2006
Recent Ontario Court of Appeal Decision Confirms Importance of Jurisdiction Clauses
Cross-Border Litigation Bulletin
Spring 2006
Cross-Border Class Action Settlements: Unwilling Litigants in the U.S. Courts
Article: International Antitrust Bulletin - ABA Section of Antitrust Law
November 2005
Private Antitrust Litigation In Canada
The Antitrust Review of the Americas 2006
A Global Competition Review Special Report
Fall 2005
Cross-Border Insolvencies: When Should a U.S. Debtor be Filing Ancillary Proceedings in Canada
ABA Section of Litigation - Newsletter of the Bankruptcy and Insolvency Committee
September 2005
Enforcing US Judgments in Canada
Cross-Border Litigation Bulletin
June 2005
A Clause in Time Saves Time, Money and Maybe Even Your Case...How Proper Jurisdiction and Governing Law Clauses May Give You One Less Thing to Worry About in Cross-Border Contracts
Cross-Border Litigation Bulletin
April 2005
So you Want to Depose a Canadian, Eh?
Cross-Border Litigation Bulletin
December 2004
How to Stay Canadian Proceedings When You Have a Claim in the United States
Litigation Bulletin
September 17, 2004
Ontario Court of Appeal Opens the Door to Enforcement of Non-monetary Judgements
Article from Commercial Litigation Committee, published by DRI's The Business Suit
July 09, 2004
Ontario Court expands enforceability of foreign judgments
The Lawyers Weekly
March 2004
Canada Chapter in Arbitration World (ed. J.William Rowley QC)