Daniel G. Edmondstone 

Co-Chair, Advertising
Toronto  t: 416.307.4121  |  e: dan.edmondstone@mcmillan.ca

Daniel G. Edmondstone

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4121
e: dan.edmondstone@mcmillan.ca

overview

  • Partner as of 1998
  • Co-Chair, Advertising
  • Member of the firm's Competition and Marketing Law Groups
  • Practices in the area of competition law, including marketing and advertising related matters
  • Also practices in the area of privacy, litigation and general commercial matters

Representative Matters

  • Advises clients with respect to advertising and marketing law issues
  • Advises clients with respect to privacy and CASL compliance issues
  • Involved in matters before the Competition Tribunal and civil and criminal matters under the Competition Act
  • Represents clients in general commercial litigation matters
  • Regularly represents clients before Advertising Dispute Panels of Advertising Standards Canada
  • Dan has acted in several recent deals including:
  • Acted for Vitran Corporation Inc. in respect of the sale to Transforce Inc., 2014
  • Acted for AXA S.A. in respect of the sale of AXA Canada to Intact Insurance in September 2011
  • Acted for Associated Proteins Limited Partnership in its C$64 million plus working capital asset purchase by Viterra Inc. in June 2009
  • Acted for Teck Cominco Limited when it completed the acquisition of Global Copper Corp. by way of a plan of arrangement for aggregate proceeds of approximately C$415 million in August 2008
  • Acted for Deluxe Vancouver Ltd., a division of the Deluxe Entertainment Services Group Inc., when it acquired Rainmaker Entertainment Inc., a division of Rainmaker Income Fund, along with Visual Effects UK Limited, Rainmaker's visual effects operation in London, England, for approximately C$31 million
  • Acted for Mylan Inc. when it completed its €4.9 billion (US$6.8 billion) acquisition Merck KGaA's generics business to become one of the largest quality generics and specialty pharmaceuticals companies in the world
  • Acted for Teck Cominco Limited in its C$4.1 billion acquisition of Aur Resources Inc. in 2007

Presentations

Canada's New Anti-Spam Law - what it really means, how it affects you, and why every business in Canada should care
Mastering the New Challenges of Running Compliant Contests
Advertising in the Social Media Space
Information Privacy and Data Protection Conference
Competition Act Amendments 2009 Webinar
Checking the Fine Print: Instituting Legal Protections when Running Contests
Complying with Canadian Product Labeling Standards
Competition, Crime and Punishment: The Practice, Procedure and Substance of Criminal Competition Law
Deceptive Conduct: A Misleading Advertising Update
Red Hot Competition Law Concerns: The Latest on Misleading Advertising, Ordinary Pricing Claims and Enforcement Crack-Downs
New Development in Marketing/Advertising Law
The Federal/Provincial/Territorial Jurisdictional Interplay
Marketing and Advertising Law Fundamentals
Emerging Issues in Electronic Advertising

Publications

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau
Canadian National Security Reviews: 10 Takeaways
New Ad Standards Advertising Dispute Procedure
Investment Canada Act Threshold Increases to $1 Billion (Cdn)
Investment Canada Act Threshold Increase - $1 Billion (Cdn)
In Advertising, Silence Can be Golden - or at least not Actionable
Canadian Advertising and Marketing Law
Commissioner of competition's case against rogers communications fails
Further misleading advertising enforcement activity
Criminal conviction in website scam: First conviction for violating a registered consent agreement
Chapter 2: Advertising and Promotion
Your contest may not be a winner
Updates To The Canadian Merger Review Process
Updates to the Canadian Merger Review Process
Canadian Competition Bureau releases revised merger enforcement guidelines
Bell Canada agrees to $10 million penalty
Insurance Company Mergers in Canada: A Quick Regulatory Guide
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Lilly v. Apotex - The Application of Section 45 to Patent Assignments and Other Issues
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
Stalled on Take Off: Commissioner of Competition v. Air Canada – A Comment
Telemarketing: The Latest Word on the Rules and Their Enforcement
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
You may already be a Loser: Contests, Promotions and other Fun and Games
The Competition Cops are at the Door: How Best to React when the Worst Happens
Bill C-23 Makes Progress
The Year in Review: Civil, Criminal and Administrative/Legislative Developments
Competition Law in Transition: A Year of Legislative & Administrative Change
The Amendments - At Last
An Overview of Canadian Competition & Advertising Law
Yellow Pages at First Blush: Some Preliminary Thoughts on the Tele-Direct Case
Abuse of Dominance and Tied Selling: Some Thoughts on the Tele-Direct Case
Big Changes on Way for Competition Act
They Can't Say That! - Can They? A Review of Recent Comparative Advertising Litigation
Competition Law Amendments Introduced into Parliament
Case Comment: Upper Lakes Group Inc. v. Canada (National Transportation Agency)

News

McMillan Lawyers Earn 41 Rankings across 23 Categories in Chambers Canada 2020
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
33 McMillan lawyers recognized in Who's Who Legal Canada 2017
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
Scientific Games to acquire DEQ Systems
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
McMillan lawyers are well represented in the 2013 Chambers Global Directory
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
McMillan Lawyers are well represented in the 2012 Chambers Global Directory
50 McMillan Lawyers recognized in the 2012 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2011 recognizes 35 McMillan leading practitioners
McMillan Lawyers are well represented in the 2011 Chambers Global Directory

Education

  • University of Toronto, LLB - 1989
  • University of Toronto, B.Sc. (with distinction) - 1986

Year Of Call

  • Called to the Ontario bar - 1991

Practices

cybersecurity
competition and antitrust
freedom of information and access to information
unilateral conduct and distribution practices
marketing and advertising
privacy and data protection
class actions
mergers
foreign investment review
cartels

Industries

automotive finance
food, beverage and agribusiness
retail
service industries

Directorships and Professional Associations

  • Canadian Bar Association, Civil Litigation and National Competition Sections
  • Past Chair, Marketing Practices Committee, National Competition Law Section, CBA
  • Past Chair, Consumer Law Committee, Ontario Bar Association
  • Past Chair, Reviewable Matters Committee, National Competition Law Section, CBA
  • American Bar Association - Antitrust Law Section
  • Past President, Thomas More Lawyers' Guild of Toronto
  • Advertising Standards Canada
  • Canadian Marketing Association
  • Promotion Marketing Association/Brand Activation Association

Awards & Rankings

  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Consistently Recommended lawyer in the area of Advertising & Marketing Law and a Repeatedly Recommended lawyer in the area of Competition Law
  • Listed in Who’s Who Legal Canada 2018 as a leader in Competition
  • Recognized by Chambers Canada 2019 as a leader in Advertising & Marketing 
  • Recognized by The Best Lawyers in Canada (2019) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Consistently Recommended lawyer in the area of Advertising & Marketing Law and  Repeatedly Recommended Lawyer in the area of Competition Law
  • Listed in The Best Lawyers in Canada (2018) as leader in Advertising and Marketing Law
  • Listed in Who's Who Legal: Canada 2017 as leader in Competition
  • Listed in Canadian Legal Lexpert Directory 2017 as consistently recommended in Advertising and Marketing Law
  • Listed in Chambers Canada 2017 as a leader in the practice area of Advertising & Marketing - Canada
  • Listed in The Best Lawyers in Canada 2017 as leader in Advertising and Marketing Law
  • Listed in the Canadian Legal Lexpert Directory 2016 as a leading practitioner in the area of Advertising and Marketing Law
  • Recognized in Chambers Global: The World's Leading Business Lawyers 2013, as a leader in the practice area of Competition/Antitrust
vcard
  • Partner as of 1998
  • Co-Chair, Advertising
  • Member of the firm's Competition and Marketing Law Groups
  • Practices in the area of competition law, including marketing and advertising related matters
  • Also practices in the area of privacy, litigation and general commercial matters
  • Advises clients with respect to advertising and marketing law issues
  • Advises clients with respect to privacy and CASL compliance issues
  • Involved in matters before the Competition Tribunal and civil and criminal matters under the Competition Act
  • Represents clients in general commercial litigation matters
  • Regularly represents clients before Advertising Dispute Panels of Advertising Standards Canada
  • Dan has acted in several recent deals including:
  • Acted for Vitran Corporation Inc. in respect of the sale to Transforce Inc., 2014
  • Acted for AXA S.A. in respect of the sale of AXA Canada to Intact Insurance in September 2011
  • Acted for Associated Proteins Limited Partnership in its C$64 million plus working capital asset purchase by Viterra Inc. in June 2009
  • Acted for Teck Cominco Limited when it completed the acquisition of Global Copper Corp. by way of a plan of arrangement for aggregate proceeds of approximately C$415 million in August 2008
  • Acted for Deluxe Vancouver Ltd., a division of the Deluxe Entertainment Services Group Inc., when it acquired Rainmaker Entertainment Inc., a division of Rainmaker Income Fund, along with Visual Effects UK Limited, Rainmaker's visual effects operation in London, England, for approximately C$31 million
  • Acted for Mylan Inc. when it completed its €4.9 billion (US$6.8 billion) acquisition Merck KGaA's generics business to become one of the largest quality generics and specialty pharmaceuticals companies in the world
  • Acted for Teck Cominco Limited in its C$4.1 billion acquisition of Aur Resources Inc. in 2007
November 2019
FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

Marketing and Advertising Bulletin

October 2019
Canadian National Security Reviews: 10 Takeaways

Competition Law Bulletin

May 2019
New Ad Standards Advertising Dispute Procedure

Marketing and Advertising Bulletin

2014
Canadian Advertising and Marketing Law

Co-author, Carswell

2013
Chapter 2: Advertising and Promotion
O'Brien's Encyclopedia of Forms, Eleventh Edition, 2013
March 2012
Your contest may not be a winner
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
Updates To The Canadian Merger Review Process
Toronto Law Journal
January 2012
Updates to the Canadian Merger Review Process
Competition/Antitrust Bulletin
July 2011
Bell Canada agrees to $10 million penalty
Competition and Advertising Bulletin
Also published in Lexology
October 2009
Insurance Company Mergers in Canada: A Quick Regulatory Guide
Lang Michener LLP Corporate Insurance Brief Fall 2009.
Also published in International Law Office under the title "Insurance Company Mergers: A Regulatory Guide," May 26, 2009.
Also published by ABA Section of Anti-trust Law, Insurance Industry Committee, The Insurance Policy Newsletter, Winter 2009.
September 2006
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Competition Law Publication by Federated Press
Fall 2006
Lilly v. Apotex - The Application of Section 45 to Patent Assignments and Other Issues
Co-authored: Daniel Edmondstone and James Musgrove
Canadian Competition Record , Vol. 22, No. 3
Spring 2004
Stalled on Take Off: Commissioner of Competition v. Air Canada – A Comment
Co-authored: Daniel Edmondstone and James Musgrove
Canadian Competition Record
May 2002
Telemarketing: The Latest Word on the Rules and Their Enforcement
The Canadian Institute, Advertising and Marketing Law Conference, May 30 and 31, 2002
February 2002
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
4th Annual Advertising and Marketing Law Conference, Insight Information
May 2001
You may already be a Loser: Contests, Promotions and other Fun and Games
Seventh Annual Conference on Advertising & Marketing Law, May 24 & 25, 2001
February 2001
The Competition Cops are at the Door: How Best to React when the Worst Happens
Co-authored: Daniel Edmondstone and David Young
3rd Annual Insight Advertising & Marketing Conference
Winter 2001
Bill C-23 Makes Progress
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record
2000
The Year in Review: Civil, Criminal and Administrative/Legislative Developments
Co-authored: Daniel Edmondstone and James Musgrove
Juris Publishing
Fall 1999
Competition Law in Transition: A Year of Legislative & Administrative Change
Co-authored: Daniel Edmondstone and J.B. Musrove
Canadian Bar Association Annual Competition Law Conference
Winter 1998
The Amendments - At Last
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 19, No. 3
1998
An Overview of Canadian Competition & Advertising Law
Co-authored: Daniel Edmondstone, J.B. Musgrove, David Young
LEXPERT
June 1997
Yellow Pages at First Blush: Some Preliminary Thoughts on the Tele-Direct Case
Co-authored: Daniel Edmondstone and J.B. Musgrove
University of Toronto Roundtable
Summer 1997
Abuse of Dominance and Tied Selling: Some Thoughts on the Tele-Direct Case
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 18, No. 2, p. 29
April 1997
Big Changes on Way for Competition Act
Co-authored: Daniel Edmondstone and J.B. Musgrove
Lawyers Weekly
May 1996
They Can't Say That! - Can They? A Review of Recent Comparative Advertising Litigation
Co-authored: Daniel Edmondstone and J.B. Musgrove
The Canadian Institute Conference Competition Law and Competitive Business Practices
January 1996
Competition Law Amendments Introduced into Parliament
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 17, No. 3, p. 1
1995
Case Comment: Upper Lakes Group Inc. v. Canada (National Transportation Agency)
Canadian Competition Record, Vol. 16, No. 3
June 10, 2014
Canada's New Anti-Spam Law - what it really means, how it affects you, and why every business in Canada should care
Vancouver, BC
January 2014
Mastering the New Challenges of Running Compliant Contests
Canadian Institute's Annual Advertising and Marketing Law Conference, Toronto
Fall 2012
Advertising in the Social Media Space
CBA Fall Competition Law Conference
November 2010
Information Privacy and Data Protection Conference
Lexpert
April 2009
Competition Act Amendments 2009 Webinar
The Canadian Marketing Association (CMA)
January 2009
Checking the Fine Print: Instituting Legal Protections when Running Contests
The 15th Annual Advertising and Marketing Law conference, presented by The Canadian Institute
June 2008
Complying with Canadian Product Labeling Standards
The Six-Minute Business Lawyer, presented by The Law Society of Upper Canada
April 2008
Competition, Crime and Punishment: The Practice, Procedure and Substance of Criminal Competition Law
Presented by the Canadian Bar Association's National Competition Law Section and Continuing Legal Education Committee
May 2007
Deceptive Conduct: A Misleading Advertising Update
Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead, presented by the Lang Michener National Competition Law Group
January 25, 2007
Red Hot Competition Law Concerns: The Latest on Misleading Advertising, Ordinary Pricing Claims and Enforcement Crack-Downs
The Canadian Institute's 13th Annual Advertising and Marketing Law Conference
September 28, 2006
New Development in Marketing/Advertising Law
Canadian Bar Association's National Competition Law Section and the Continuing Legal Education Committee, 2006 Annual Fall Conference on Competition Law
December 5, 2005
The Federal/Provincial/Territorial Jurisdictional Interplay
Insight Information Toronto
September 23, 2004
Marketing and Advertising Law Fundamentals
CBA Annual Fall Conference on Competition Law
February 18, 2003
Emerging Issues in Electronic Advertising
5th Annual Advertising & Marketing Law Conference, Insight Information Services