John W. Boscariol

John W. Boscariol

 

John W. Boscariol is head of the firm's International Trade and Investment Law Group and a partner in the Litigation Group.

He is recognized as a leader in the field of international trade law in numerous legal directories, including Chambers Global, Lexpert, Euromoney's Guide to the World's Leading International Trade Lawyers, The Best Lawyers in Canada, and LawDay Leading Lawyers Directory. John is ranked among the top 25 international trade lawyers in the world by Expert Guides to the World's Leading Lawyers - Best of the Best.

John advises both private and public sector clients on the application of international trade and investment protection agreements, including the North American Free Trade Agreement, the agreements of the World Trade Organization, bilateral investment treaties, and regional and sectoral trade agreements. His practice also focuses on other international trade matters, including export and import controls, trade embargoes, economic sanctions, defence controls, national security measures, anti-dumping, countervail and safeguard measures, anti-corruption, government procurement, and all customs tariff and enforcement issues.

In addition to advising his clients on strategic planning and compliance, he regularly deals with various government agencies and appears before panels, courts, and tribunals hearing disputes involving international trade and investment matters.

John advises foreign and domestic clients across a wide range of sectors and industries impacted by international trade and investment measures, including financial services, energy, natural resources, mining, oil and gas, pharmaceuticals, clothing and apparel, manufacturing, technology and licensing, software, transportation, defense, food, beverage and other consumer products, biotechnology, public-private partnerships and infrastructure.

He has published papers and articles on current trade and investment issues in various business and legal journals, including Law and Policy in International Business, International Trade Law & Regulation, the Canadian Business Law Journal, the National Banking Law Review, International Business Lawyer, and the Ivey Business Journal.

John is regularly invited to speak at national and international conferences and seminars on trade and investment matters. Recent speaking engagements include the World Customs Organization in Brussels, the Annual Conference of the Canadian Tax Foundation, the Commodity Tax Symposium of the Canadian Institute of Chartered Accounts and the Annual Research Seminar of the Canadian Petroleum Law Foundation. He has lectured in the Master of Laws (international trade) program at Osgoode Hall Law School, and at the University of Western Ontario and the University of Toronto. He also teaches I.E. Canada's Annual Customs Duty and International Trade Course in Calgary and Toronto.

He is Chair of the Ontario Bar Association International Law Section and is active in the leadership of the American Bar Association Section of International Law as Co-Chair of the Canada Committee, Vice-Chair of the Export Controls and Economic Sanctions Committee, and Liaison to the Canadian Bar Association. He is immediate Past Chair of the Canadian Bar Association's International Trade and Investment Committee. He is also a member of the Canadian Association of Importers and Exporters' Customs and Legislation Committee and Export Committee, the Canadian Council for the Americas, the Board of Trade of Metropolitan Toronto, and the Royal Canadian Military Institute.

John received his B.Comm. (Gold Medalist) from the University of Toronto in 1990. He received his LLB from the Faculty of Law at the University of Toronto and was called to the Ontario bar in 1995. In 1998, he received his LLM (International Trade and Competition Law) from the Osgoode Hall Law School.

Recent Publications, Attributions and Speeches (2009 and 2008)

· Chair and Moderator, "Damned if You Do, Damned if you Don't; Navigating Conflicting U.S. and Foreign Regulations on Doing Business with Cuba", American Bar Association 2009 Fall Meeting, Miami Beach, Florida, October 27 - 31, 2009.

· Lecturer, "Customs Enforcement, AMPS, and Appeals; Anti-Dumping, Countervail, and Safeguards; Import and Export Controls and Trade Embargoes, International Trade and Investment Agreements", Canadian Association of Importers and Exporters Customs Duty and International Trade Course, Calgary, Alberta, September 23, 2009.

· "New CBSA Guidelines on Post-Importation Payments and Management and Administration Fees", McCarthy Tétrault Legal Update, August 21, 2009.

· Co-Chair, "WTO Dispute Settlement: A Review at 15 Years", a Joint Event of the Ontario Bar Association International Law Section and the International Law Association, June 3, 2009.

· "Fighting Back Against California's LCFS", presentation given at the Low Carbon Fuel Standard; Concept v. Consequences and North America's Energy Trade event, presented to the Canadian Energy Research Institute in Calgary, on May 27, 2009.

· "Regulation of Controlled Military Goods and Technology in Canada and Conflicts with U.S. ITAR", U.S. Export Controls on Non-U.S. Transactions, a Practical Guide, Export Compliance Training Institute, Montréal, Québec, May 22, 2009.

· "Canadian Export Controls Consistency and Conflict with U.S. Controls", U.S. Export Controls on Non-U.S. Transactions, a Practical Guide, Export Compliance Training Institute, Montréal, Québec, May 21, 2009.

· "Key Challenges in Canadian Trade Control Compliance", North Texas District Export Council, Dallas, Texas, May 18, 2009.

· Quoted in "Canada Renews WTO Complaint on U.S. Meat Origin Rules", by Alexandre Deslongchamps, Bloomberg News, May 7, 2009.

· Co-Chair, "Contemporary Developments in Islamic Finance in Canada and Beyond", Ontario Bar Association International Law Section Program, April 28, 2009.

· Co-Chair and Moderator, "Between a Rock and a Hard Place: Managing Conflicts Between U.S. National Security Laws and Canadian Privacy Protection Requirements", American Bar Association 2009 Spring Meeting, Washington, D.C., April 16, 2009.

· Moderator, "Product Safety in North America: Significant Implications for Trade in Pharmaceutical, Food and Consumer Products", American Bar Association 2009 Spring Meeting, Washington, D.C., April 16, 2009.

· Quoted in "Stiff New Rules Planned for Importers", by Kelly Harris, Canadian Lawyer Magazine, April 13, 2009.

· Quoted in "Trading on Thin Ice", by Sandra Rubin, LEXPERT, March 2009.

· "The WTO TRIPS Agreement and Pharmaceuticals", Technology and Intellectual Property Conference, Faculty of Law, University of Toronto, March 2, 2009.

· Moderator, "U.S. Export Controls vs. Canadian Human Rights and Employment Laws - Conflict or Compatibility?", joint program of the International Law Sections of the American Bar Association, Canadian Bar Association and Ontario Bar Association, Washington, D.C. and Toronto, February 13, 2009.??

· "New Canadian Export Control Handbook Should be Carefully Reviewed", McCarthy Tétrault Legal Update, February 28, 2009.

· Chair, 14th Annual Infonex Customs Compliance and Border Security Conference: Best Practices in Regulatory Issues in Cross-Border Trade, January 20 - 21, 2009.

· "A Lawyer's Perspective on Customs Audits: Key Legal Issues to Address When CBSA Comes Knocking", 14th Annual Infonex Customs Compliance and Border Security Conference: Best Practices in Regulatory Issues in Cross-Border Trade, January 20, 2009.

· Co-Chair, "Doha vs. Bilateral FTAs: What Lies Ahead for Trade Liberalization in 2009?", Ontario Bar Association International Law Section Program, January 14, 2009.

· Quoted in "Recalls lead to stiff trade rules - Expect Canada to reintroduce legislation on importers" Canadian Lawyer Magazine, December 2008.

· Quoted in "Managing the Economic Meltdown, Canadian Lawyers Face New Challenges", The Lawyers Weekly, Vol. 28, No. 32, December 19 2008.

· "Canada's Free Trade Agreement and Bilateral Investment Treaty Activity in 2008", McCarthy Tétrault Legal Update, December 16, 2008.

· "Cross-Border Travellers Beware: Confidential Information is at Risk", McCarthy Tétrault Co Counsel: Business Law Quarterly, Volume 3, Issue 4, September - November 2008, November 28, 2008.

· "Financial Institution Compliance with Canadian Export Controls and Economic Sanctions", McCarthy Tétrault Co Counsel: Business Law Quarterly, Volume 3, Issue 4, September - November 2008, November 28, 2008.

· Lecturer, "Customs Enforcement, AMPS, and Appeals; Anti-dumping, Countervail, and Safeguards; Import and Export Controls and Trade Embargoes; International and Trade Investment Agreements," Canadian Association of Importers and Exporters Customs Duty and International Trade Course, Toronto, Ontario, November 26, 2008.

· Quoted in "DJ EMISSION CRITICAL:US Election Puts Canada CO2 Policy In Limbo", Dow Jones Newswires, November 13, 2008.

· "Bilateral Investment Treaty Protections Available to Investors in the Mining Sector", McCarthy Tétrault Mining Prospects, Volume 1, Issue 2, November 7, 2008.

· "Confidential Information Is at Risk Crossing Borders", Privacy & Data Security Law Journal, November 2008.

· Speaker, "Canadian and U.S. Export Controls", Ottawa-Carleton Research Institute, Ottawa, October 24, 2008.

· Moderator, "Trade and Investment Workshop: The "Venedor" Scenario", The Hard Edge of Soft Law - The Real Impact of Customary International Law and Soft Law in Canada, Annual Canadian Bar Association International Law CLE Programme, October 23, 2008.

· "Canadian Export Controls and Economic Sanctions for Financial Institutions", Canadian Corporate Counsel, Volume 18, Number 2, October 2008.

· Quoted in "Trade and investment treaties", Canadian Lawyer Magazine, Volume 32, No. 10, October 2008.

· "Navigating Between Conflicting U.S. and Canadian Trade Controls: The Cuban Conundrum", The Canadian Institute's Forum on Export Control Compliance, September 25, 2008.

· Lecturer, "Customs Enforcement, AMPS, and Appeals; Anti-dumping, Countervail, and Safeguards; Import and Export Controls and Trade Embargoes; International and Trade Investment Agreements," Canadian Association of Importers and Exporters Customs Duty and International Trade Course, Calgary, Alberta, September 24, 2008.

· "Canada Imposes Economic Sanctions Against Zimbabwe", McCarthy Tétrault Legal Update, September 9, 2008.

· Developments in Canadian Bilateral Investment Treaties and Dispute Resolution", International Legal Developments in Review: 2007, The International Lawyer, Vol. 42, No. 2 (Summer 2008).

· "Trade Controls for American Companies: Navigating Consistency and Conflict", McCarthy Tétrault Legal Update, August 28, 2008.

· "Canadian Trade Controls for US Companies Doing Business in Canada", McCarthy Tétrault Legal Update, July 29, 2008.

· "Canadian Trade Controls for American Companies: Navigating Consistency and Conflicts", North Texas District Export Council, Dallas, Texas, July 14, 2008.

· "Canada Inks FTA with Peru, Concludes Negotiations with Colombia", McCarthy Tétrault Legal Update, June 9, 2008.

· "Deemed Export Compliance in Canada: Balancing U.S. Dual National Rules with Canadian Human Rights and Privacy Laws," American Conference Institute's 11th National Forum on Export Controls: Global Compliance Strategies, Washington, D.C., May 28, 2008.

· Quoted in "MDA Sale Ban Would Cost Canada Jobs," Financial Post, May 1, 2008.

· Quoted in "Prentice defends decision to block MDA sale," CTV.ca News, April 10, 2008.

· Interviewed by Mike Duffy on Mike Duffy Live, "Trade lawyer John Boscariol discusses whether the government can get sued for blocking the MDA sale," CTV Newsnet, April 10, 2008.

· "Canada Passes Bill Implementing ICSID Convention - Seen as Important Move to Strengthen Investor Protections," North American Free Trade & Investment Report, Vol. 18, No. 6, March 31, 2008.

· Interviewed and quoted in "Ottawa could face lawsuit if it blocks MDA sale," National Post, March 27, 2008.

· Quoted in "Treaty strengthens rights of Canadian investors abroad," Julius Melnitzer, Financial Post: Legal Post, March 18, 2008.

· "International Arbitration Developments: Canada Strengthens Investor Protections", McCarthy Tétrault Legal Update, March 17, 2008.

· "Drafting the Arbitration Agreement in International Commercial Transactions: Stick to Writing for Now", McCarthy Tétrault Legal Update, February 28, 2008.

· Co-chair, "International Legal Issues for Today's Business Lawyer: Challenges and Solutions," Ontario Bar Association 2008 Institute of Continuing Legal Education, February 5, 2008.

· "Feds Near Ratification of ICSID - Important Tool for Canadian Investors Abroad," McCarthy Tétrault Co Counsel: Litigation, February, 2008.