C.J. Michael Flavell, QC Counsel Ottawa Tel : 613.232.7171 Ext. 201 Fax : 613.231.3191 Email : michael.flavell@mcmillan.ca VCard :

Professional Activities

• Joined the firm in 2005 as Chair of the International Trade Group
• Co-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

C.J. Michael Flavell is the Chair of the International Trade Law Group in the Ottawa office of the firm. He 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 very unique distinction.

Special Recognition

• 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 2013 as a leader in Competition/Antitrust Law and 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 2012 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
• 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.)
• Appointed Queen's Counsel (Federal), 1992

Memberships

• Canadian Bar Association
• Barreau du Québec
• Governeur, Fondation Barreau du Québec
• American Bar Association (International Law & Practice)
• International Bar Association
• Inter-Pacific Bar Association
• The Centre for Trade Policy and Law (CTPL) - Advisory Board

Directorships

• Past Director, Shimano Corporation
• Past Governor, Bishop's University
• Past Governor, Montreal General Hospital
• Past Secretary, Montreal Bar Association

Teaching Engagements

• Guest Lecturer, University of Ottawa, Faculty of Law, Common Law Section, "Studies in International Law: International Trade Remedies"

Community Involvement

• 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

Michael Flavell has acted for private litigants before, the Competition Bureau, and other bodies 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:

• Acted successfully before the Competition Bureau on behalf of Supremex Inc. in the acquisition of Envellopes Montréal

• 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. - On June 5, 2007, 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. (June 2007)

• Acted successfully on behalf of Supremex Income Fund (before the Competition Bureau) in the acquisition of substantially all the assets of National Paper Goods (NPG) Envelope of Hamilton, Ontario (August 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. Lang Michener's International Trade Group led by C.J. Michael Flavell, Q.C. represented Schenley Distilleries Inc./LesDistilleries Schenley Inc., Alberta Distillers Ltd., Hytek Ltd. who opposed the imposition of dutieson 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

Books

Michael Flavell is co-author of The Canadian Competition Law Handbook , which is recognized by LEXPERT as a leading publication in the field.  Some 20 years earlier he also wrote Canada's first comprehensive resource book on the subject.

• Contributor, Fundamentals of Canadian Competition Law , CBA/Carswell, November 2007.
• Co-author, The Canadian Competition Law Handbook , Scarborough: Carswell, 1997.
• Canadian Competition Law: A Business Guide, McGraw-Hill Ryerson, 1979.

For several years, Michael Flavell has been Editor-in-Chief of Competition Law , the respected business-oriented quarterly newsletter from Federated Press which was also included in LEXPERT list of leading useful publications.

A sample of Michael's other articles are listed below:

• Co-author, "Efficiencies Again," This article was jointly authored by members of Lang Michener's Competition and Marketing Group. 

Seminars and Presentations

Michael Flavell has presented countless seminars on both international trade and competition law.  His most recent speaking engagements have included:

March 2013 2012 international trade law review international trade law bulletin

April 2012 2012 federal budget shakes up Canada's trade remedy system international trade bulletin

Fall 2010 New "Made in Canada" Guidelines InBrief Fall 2010

Summer 2010 New "Made In Canada" Guidelines In Effect July 1, 2010 InBrief Fall 2010