613.232.7171 Ext. 201
C.J. Michael Flavell joined the firm in 2005 as Chair of the International Trade Group in the Firm's Ottawa office.
He founded Flavell Kubrick LLP in 1993 after 10 years leading the Ottawa office of a major national law firm; Partner with the same firm's Montreal office for some 16 years previously.
Michael is known as one of Canada's most prominent trade lawyers, and has an extensive record of appearances, on behalf of both foreign and domestic parties, in anti-dumping, subsidy and safeguard inquiries and reviews before the Canadian International Trade Tribunal (CITT) and its predecessors. He has represented clients before the Federal Court of Canada (Trial and Appeal divisions) and in the Supreme Court of Canada, including a successful appearance in the landmark administrative law decision, National Corn Growers v. Canada (1990).
Michael was appointed to the original roster of the Canada-United States Free Trade Agreement Dispute Resolution Panel (Chapter 19). In addition to having acted as a Panelist, he has frequently argued before NAFTA and FTA Panels as counsel. He advises clients in all areas respecting the CITT, NAFTA, and WTO rules and procedures, government policies, and other international trade issues, specializing in matters of trade remedies, anti-dumping, countervail and safeguard measures.
A veteran practitioner of competition law, Michael interfaces at senior levels with the Competition Bureau and represents clients before regulating Tribunals and Courts. He provides counsel and opinions on all aspects of Canada's antitrust law, and the Competition Act.
In the field of aboriginal law, Michael has acted for the Inuvialuit (Inuit) of the Western Arctic in negotiating with the Government of Canada and other stakeholders a precedent-setting Land Claims Settlement. He continues to counsel them with regard to implementation of the Settlement, in subsequent dispute resolution and arbitration proceedings.
Michael has been recognized by several national and international directories as a leader in trade law. He has been repeatedly recognized by Lexpert as a leading Canadian practitioner of both international trade law and competition law, which is a unique distinction.
Michael Flavell has acted for business interests before the Competition Bureau and other regulatory bodies; also in over 50 cases before the Canadian International Trade Tribunal and its predecessors. He has been involved in 20 FTA/NAFTA dispute resolution panels, including acting as Panellist, and has been involved in more than 25 Federal Court judicial reviews of trade cases.
Michael Flavell has been the lead and/or part of the team on the following cases:
- Canadian International Trade Tribunal (CITT); Sunset Review; Bicycles – CITT Renews injury finding on Bicycles from China and Chinese Taipei – represented Raleigh Canada Limited in the Canadian International Trade Tribunal review inquiry. The finding will extend trade remedy protection for Canadian producers against unfairly-priced imports of bicycles from China and Chinese Taipei. (December 2012)
- Canadian International Trade Tribunal (CITT) Finds Injury Caused by the Dutch Greenhouse Bell Peppers – Represented the Ontario Greenhouse Vegetable Growers in the CITT injury inquiry. The finding will require price floors for greenhouse bell peppers imported from the Netherlands for up to five years. (October 2010)
- Canadian International Trade Tribunal (CITT) – C.J. Michael Flavell, Q.C. and Cyndee Todgham Cherniak represented GRK Canada Limited to successfully obtain an exclusion from the injury finding. (January 2010)
- Canadian International Trade Tribunal (CITT); Sunset Review; Bicycles - Lead counsel for the domestic producer, Raleigh Canada Limited, were C. J. Michael Flavell, Q.C. and Geoffrey C. Kubrick of Lang Michener LLP. Raleigh argued that the expiry of the Order respecting the subject goods was likely to result in future injury and the Tribunal found in its favour. (October 2007)
- Ontario Corn Producers Association v. Canadian Pork Council et al. - The Federal Court of Appeal decided to dismiss this Ontario Corn Producers Association ("OCPA") application for judicial review, ruling that the Tribunal did not make any reversible errors in its decision. C. J. Michael Flavell successfully represented Black Velvet Distilling Company, a division of Schenley Distilleries Inc. /Les Distilleries Schenley Inc. (June 2007)
- Canadian International Trade Tribunal (CITT) Finds No Injury to Domestic Corn Growers - The CITT found in favour of parties opposing a Finding of past or threatened injury to the domestic corn growers allegedly caused by the dumping and subsidization of corn imported from the United States. C.J. Michael Flavell, Q.C. represented Schenley Distilleries Inc. /Les Distilleries Schenley Inc., Alberta Distillers Ltd., and Hytek Ltd. who opposed the imposition of duties on imports of corn. (April 2006)
Michael has undertaken numerous significant representations in the areas of trade and aboriginal law, including the following:
- Appeared before the Supreme Court of Canada in the landmark administrative law decision regarding international trade pacts, National Corn Growers v. Canada. (1990)
- Provided counsel to the Canadian Manufacturers and Exporters Association in trade and competition law matters.
- Represented the Government of the Northwest Territories in major Federal Court litigation involving the Government of Canada, and served as their special competition and trade law advisor on matters relating to the diamond industry.
- Acted for the Inuvialuit (Inuit) of the Western Arctic in negotiating with the Government of Canada and other stakeholders a precedent-setting Land Claims Settlement, only the second such aboriginal Agreement in Canada.
- Acted for a leading Canadian publisher in the "split-run magazine" controversy.
Mitigating Risks in Doing Business with BRIC (Brazil, Russia, India, China) Course
Utility of Safeguard Measures in Light of Bicycles and Barbeques Cases
Winning Ways at the CITT
Paying the Price: Conspiracies and Cartels
Panel Discussion: Global Connections – The Current State of Trade with the U.S. and China
Anti-Dumping, Countervail, Safeguard Measures and Trade Agreements
NAFTA Rules of Origin
Recent Developments in Significance in Merger Review, Anti-Cartel Enforcements and Other Competition Law Issues
The Marine Mammals Protection Act; at the Intersection of International Trade and Aboriginal Law
Reviewable Practices in the Competition Act: Refusal to Deal, Exclusive Dealing and Tied Selling
COOL: United States not so cool for Canadian farmers
Made in Canada guidelines
2012 international trade law review
2012 federal budget shakes up Canada's trade remedy system
New "Made in Canada" Guidelines
New "Made In Canada" Guidelines In Effect July 1, 2010
Buy American or What?
A Door Half Open: Changes Recommended to the Investment Canada Act
Canada Tables Consumer Protection Legislation
Canada's Export Controls: Think Before You Export
Canada's Bill C-43 Incorporates Hidden Advance Data Element Requirements
The Bicycle Safeguard Decision: YES from the Tribunal, NO from the Government
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
Safeguard Actions: The (Not So) Secret Trade Weapon
A Tempest in a Steel Teapot?
Reviewable Practices in the Competition Act: Refusal to Deal (Part I)
Reviewable Practices in the Competition Act: Exclusive Dealing and Tied Selling (Part II)
The Interface Between Competition and Trade Law in Canada: a Three-Part Study
Southam and Judicial Deference in the Area of Merger
Competition Act Amendments Introduced in House of Commons
Corporate Compliance Programs Bulletin Released
R. v. Clarke Transport Canada Inc. May Present New Difficulties for Section 45 Enforcement
The Limits of Criminal Predatory Pricing
Abuse of Dominance: The First 10 Years
R. v. Stelco: New Uncertainty Regarding Remedies
Should Domestic Anti-Dumping Law Be Replaced with Competition Law?
Major Changes Are in Store for Canada's Competition Act
Tightening the Reins on Subsidies and Countervail
Should Canada Have a Noerr-Pennington Doctrine
- Harvard Law School, LLM - 1965
- McGill University, BCL - 1964
- Bishop's University, BA - 1961
- Appointed Queen's Counsel - 1992
Year Of Call
- Called to the Quebec bar - 1966
international trade regulation
competition and antitrust
anti-dumping and anti-subsidy remedies
manufacturing, distribution and retail
Directorships and Professional Associations
- Director, Carleton Condominium Corporation No. 347
- Former Co-Chair, Terralex (International Trade, now Global Trade & Business Practice Group)
- Past Director, Shimano Corporation
- Past Governor, Bishop's University
- Past Governor, Montreal General Hospital
- Past Secretary, Montreal Bar Association
- Canadian Bar Association
- Barreau du Québec
- Governeur, Fondation Barreau du Québec
- American Bar Association (International Law & Practice)
- Inter-Pacific Bar Association
- The Centre for Trade Policy and Law (CTPL) - Advisory Board
- Guest Lecturer, University of Ottawa, Faculty of Law, Common Law Section, "Studies in International Law: International Trade Remedies"
- Co-Host of Annual Children's Charities Golf Tournament which successfully raised some $500,000 over eleven years for CHEO and other deserving children's charities in Eastern Ontario
- Principal Supporter of the Westminster Pet Sanctuary
Awards & Rankings
- Awarded Queen Elizabeth Diamond Jubilee Medal and honoured for achievements as an international trade lawyer and his commitment to raising funds for several charities, 2012
- Listed in The Best Lawyers in Canada 2014 as a leader in International Trade & Finance Law
- Recognized in Chambers Global: The World's Leading Business Lawyers 2013, as a leader in the practice area of International Trade/WTO
- Listed in the Canadian Legal Lexpert Directory 2013 as a leading practitioner in the area of International Trade Regulation
- Included in the 2010 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada in the area of international trade law
- Received an "AV" Peer Review Rating, the highest rating awarded from Martindale-Hubbell
- Included in the Canadian Legal Lexpert Directory 2010 as top-ranked lawyer in international trade law
- Listed in Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, as a leader in International Trade
- Included in The Legal Media Group publications The International Who's Who of Trade & Customs Lawyers 2008 and the Guide to the World's Leading International Trade Lawyers
- Selected for inclusion in the The International Who's Who of Business Lawyers 2008 as a leader in Trade & Customs, published by Law Business Research (U.K.)