Jonathan O'Hara 

Co-Chair, International Trade Group
Ottawa  t: 613.691.6176  |  e: jonathan.ohara@mcmillan.ca

Jonathan O'Hara

Ottawa
World Exchange Plaza, Suite 2000
45 O'Connor Street
Ottawa, Ontario K1P 1A4

t: 613.691.6176
e: jonathan.ohara@mcmillan.ca

overview

Jonathan is a regulatory advocate and commercial litigator. He thrives on the challenge and satisfaction of helping businesses create value by successfully navigating complex legal and regulatory regimes.

A major component of Jonathan's practice is international trade law, particularly before the Canadian International Trade Tribunal and Canada Border Services Agency on anti-dumping/subsidy and government procurement proceedings. Jonathan also has experience in other complex economics-based regulatory proceedings, including before the Copyright Board.

Jonathan regularly advises and represents clients in dealings with administrative decision makers, such as in relation to customs, tariffs, import/export controls and economic sanctions matters. Jonathan's regulatory work also includes challenging government actions and decisions through judicial review, leading to Jonathan having worked on dozens of proceedings before the Federal Court and Federal Court of Appeal. 

He has assisted a wide range of clients, ranging from multibillion-dollar transnationals based in the US, Japan or India and their Canadian subsidiaries, to local growing businesses. Jonathan's clients come from a variety of industries, including manufacturing, information technology and automotive.

Jonathan has appeared before all levels of the Ontario courts in commercial disputes, including on appellate matters. Jonathan has successfully acted as counsel in trials (including obtaining punitive damages) and in a variety of motions, including interlocutory injunctions and motions for contempt.

His advocacy skills led to great success in international moot court competitions. In his third year of law school, Jonathan and his team placed first of almost 300 law schools in the Vis International Commercial Arbitration moot in Austria. In his second year, Jonathan and his team placed second in the world in the European Law Students' Association WTO international trade law moot.

Representative Matters

  • Complaint by CGI Information Systems And Management Consultants Inc. File Nos. PR-2014-006, PR-2014-015 and PR-2014-020 (CITT)
  • Complaint by Knowledge Circle, File No. PR-2013-014 (CITT)
  • Complaint by Raymond Chabot Grant Thornton Consulting Inc. and Pricewaterhousecoopers LLP, File Nos. PR-2013-005 and PR-2013-008 (CITT)
  • Professional Computer Consultants Group v Department of the Environment, File No. PR-2012-016 (CITT) 
  • Dumping and Subsidizing of Oil Country Tubular Goods from China, RR-2014-003 (CITT)
  • Dumping and Subsidizing of Concrete Reinforcing Bar from China, Korea and Turkey, NQ-2014-001 (CITT)
  • Dumping of Hot-Rolled Carbon Steel Plate from Brazil, Chinese Taipei, Denmark, Indonesia, Italy, Japan, Korea, NQ-2013-005 (CITT)
  • Dumping of Circular Copper Tube from Brazil, China, Greece, Korea and Mexico, NQ-2013-004 (CITT)
  • Dumping of Galvanized Steel Wire from China, Israel and Spain, NQ-2013-001 (CITT) 
  • Dumping and Subsidizing of Seamless Casing Oil and Gas Well Casing from China, RR-2012-002 (CITT)
  • Dumping and subsidizing of Pup Joints from China, NQ-2011-001 (CITT)
  • Commercial Radio - SOCAN 1.A (2011-2013); Re:Sound (2012-2014); CSI (2012-2013); AVLA/SOPROQ (2012-2017); ARTISTI (2012-2014) (Copyright Board) 
  • CSI - Online Music Services (2011-2012); SOCAN Tariff 22.A - Online Music Services (2011-2012); SODRAC Tariff 6 - Online Music Services, Music Videos (2010-2012) (Copyright Board)
  • NLG 2011 Inc. v. Central 1 Credit Union, 2014 ONCA 508 
  • Square v. David, 2012 FC 624

Presentations

Recent Developments in Global Trade
All Hands on Deck: Navigating the Tricky Waters of the Federal Government's New Integrity Regime of Public Procurement

Publications

Canada's New Export Brokering Regime
NICARAGUA ALERT - Canada Imposes Sanctions on Certain Nicaraguan Officials
What's in a name – the USMCA is the new NAFTA
Surtax! What To Do Now
Tit for Tat
The Comprehensive and Progressive
TPP – Countering The Pressures for Protectionism
Procurement complaints against the government: more than just bid challenges
The Persian Conversion: New rules for doing business in Iran
The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions
Canadian Government Suppliers: Getting in Trouble Abroad May Cause Problems At Home
Country Pricing: Lessons from the anti-dumping regime
The Long and Winding Road - Canada-Korea Free Trade Agreement Signed
Timber! $1 Billion China-BC Forestry MOU Signed
WTO Reaches Historic Trade Facilitation Deal in Bali
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity
COOL: United States not so cool for Canadian farmers
Russia's accession to the WTO – implications for Canada
2012 international trade law review
Will tariffs increase on imported goods from certain countries? Canada reconsiders the general preferential tariff
Hard(wood) times ahead?: US producers of hardwood plywood allege dumping from China
Supreme Court rules privacy interest of minors trumps freedom of the press in cyberbullying case

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
Chambers Global 2019 has ranked McMillan as a leading law firm in several practice areas
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
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
Jonathan O'Hara Discusses Whether or Not Trade Wars Are Easy to Win in the Ottawa Business Journal
33 McMillan lawyers recognized in Who's Who Legal Canada 2017
McMillan lawyers recognized in Who's Who Legal: Canada 2016
McMillan who successfully represented Tenaris Canada is featured in Lexpert's Big Suits

Education

  • Other, Controlled Goods Program - Designated Official certification - 2017
  • University of Ottawa, JD - 2011
  • University of Guelph, B.Sc. (Hons) - 2003

Year Of Call

  • Called to the Ontario bar - 2012

Practices

international trade
litigation
administrative law
anti-dumping and anti-subsidy remedies
customs regulation
government procurement
appellate advocacy
product liability

Industries

applied technology
automotive
manufacturing, distribution and retail

Directorships and Professional Associations

  • Canadian Bar Association – National Section of International Law (Executive Committee member)
  • Vice Chair, American Bar Association Section of International Law - Canada Committee
  • Law Society of Upper Canada

Awards & Rankings

  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of International Trade / WTO
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of International Trade & Finance Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of International Trade / WTO
  • Who’s Who Legal: Canada 2018 -– Trade & Customs
  • Recognized by Chambers Canada 2019 as a leader in International Trade/WTO
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of International Trade & Finance Law
  • Recognized as an Associate to Watch in Chambers Canada, 2018
  • Who’s Who Legal: Canada 2017 -– Trade & Customs
  • Who’s Who Legal: 2017 -– Trade & Customs
  • Legal Media Group’s 2017 Rising Stars for International Trade
  • Who's Who Legal: Canada 2016 -– Trade & Customs
  • Winner - Vis International Commercial Arbitration Moot – 2011 (Vienna, Austria)
  • Second place – International Round of European Law Students' Association WTO trade law moot – 2010 (Santo Domingo, Dominican Republic)

Media Mentions

vcard

Jonathan is a regulatory advocate and commercial litigator. He thrives on the challenge and satisfaction of helping businesses create value by successfully navigating complex legal and regulatory regimes.

A major component of Jonathan's practice is international trade law, particularly before the Canadian International Trade Tribunal and Canada Border Services Agency on anti-dumping/subsidy and government procurement proceedings. Jonathan also has experience in other complex economics-based regulatory proceedings, including before the Copyright Board.

Jonathan regularly advises and represents clients in dealings with administrative decision makers, such as in relation to customs, tariffs, import/export controls and economic sanctions matters. Jonathan's regulatory work also includes challenging government actions and decisions through judicial review, leading to Jonathan having worked on dozens of proceedings before the Federal Court and Federal Court of Appeal. 

He has assisted a wide range of clients, ranging from multibillion-dollar transnationals based in the US, Japan or India and their Canadian subsidiaries, to local growing businesses. Jonathan's clients come from a variety of industries, including manufacturing, information technology and automotive.

Jonathan has appeared before all levels of the Ontario courts in commercial disputes, including on appellate matters. Jonathan has successfully acted as counsel in trials (including obtaining punitive damages) and in a variety of motions, including interlocutory injunctions and motions for contempt.

His advocacy skills led to great success in international moot court competitions. In his third year of law school, Jonathan and his team placed first of almost 300 law schools in the Vis International Commercial Arbitration moot in Austria. In his second year, Jonathan and his team placed second in the world in the European Law Students' Association WTO international trade law moot.

  • Complaint by CGI Information Systems And Management Consultants Inc. File Nos. PR-2014-006, PR-2014-015 and PR-2014-020 (CITT)
  • Complaint by Knowledge Circle, File No. PR-2013-014 (CITT)
  • Complaint by Raymond Chabot Grant Thornton Consulting Inc. and Pricewaterhousecoopers LLP, File Nos. PR-2013-005 and PR-2013-008 (CITT)
  • Professional Computer Consultants Group v Department of the Environment, File No. PR-2012-016 (CITT) 
  • Dumping and Subsidizing of Oil Country Tubular Goods from China, RR-2014-003 (CITT)
  • Dumping and Subsidizing of Concrete Reinforcing Bar from China, Korea and Turkey, NQ-2014-001 (CITT)
  • Dumping of Hot-Rolled Carbon Steel Plate from Brazil, Chinese Taipei, Denmark, Indonesia, Italy, Japan, Korea, NQ-2013-005 (CITT)
  • Dumping of Circular Copper Tube from Brazil, China, Greece, Korea and Mexico, NQ-2013-004 (CITT)
  • Dumping of Galvanized Steel Wire from China, Israel and Spain, NQ-2013-001 (CITT) 
  • Dumping and Subsidizing of Seamless Casing Oil and Gas Well Casing from China, RR-2012-002 (CITT)
  • Dumping and subsidizing of Pup Joints from China, NQ-2011-001 (CITT)
  • Commercial Radio - SOCAN 1.A (2011-2013); Re:Sound (2012-2014); CSI (2012-2013); AVLA/SOPROQ (2012-2017); ARTISTI (2012-2014) (Copyright Board) 
  • CSI - Online Music Services (2011-2012); SOCAN Tariff 22.A - Online Music Services (2011-2012); SODRAC Tariff 6 - Online Music Services, Music Videos (2010-2012) (Copyright Board)
  • NLG 2011 Inc. v. Central 1 Credit Union, 2014 ONCA 508 
  • Square v. David, 2012 FC 624
August 2019
Canada's New Export Brokering Regime

International Trade Bulletin

October 2018
What's in a name – the USMCA is the new NAFTA

International Trade Bulletin

July 2018
Surtax! What To Do Now

International Trade Bulletin

June 2018
Tit for Tat

International Trade Bulletin

February 2016
The Persian Conversion: New rules for doing business in Iran
International Trade Bulletin
September 18, 2014
Country Pricing: Lessons from the anti-dumping regime
Paper by Dr. A. Neil Campbell and Jonathan O'Hara, presented to the 2014 CBA Annual Competition Law Fall Conference, Ottawa
January 2014
Timber! $1 Billion China-BC Forestry MOU Signed
International Trade Bulletin
December 2013
WTO Reaches Historic Trade Facilitation Deal in Bali
International Trade Bulletin
August 2013
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity

Indiana International & Comparative Law Review, Vol. 23 No.1

July 2013
COOL: United States not so cool for Canadian farmers
International Trade Bulletin
May 2013
Russia's accession to the WTO – implications for Canada
International Trade Bulletin
March 2013
2012 international trade law review
International Trade Law Bulletin
September 2019
Recent Developments in Global Trade
Webinar
April 2017
All Hands on Deck: Navigating the Tricky Waters of the Federal Government's New Integrity Regime of Public Procurement
The Canadian Bar Association, Webinar