Counterfactual

Canadian Bar Association
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Counterfactual is a podcast presented by the Canadian Bar Association’s Competition Law and Foreign Investment Review Section. The Counterfactual podcast strives to inform and entertain about topics of interest that lie at the core, intersection or even periphery of competition law and policy.

  1. FEB 24

    Better Know the Bureau Series: Getting to Know Jonathan Hood

    In this episode, host Julia Potter continues the Better Know the Bureau series with an in‑depth conversation with Jonathan Hood, Senior Counsel at the Department of Justice for Competition Bureau Legal Services (CBLS). Jonathan shares his winding path from private practice to competition enforcement, to leading major litigation files in Canadian competition law.

    1h 4m

  2. FEB 10

    Pending Amendments to the Environmental Claims Provisions of the Competition Act: In Conversation with Julien Beaulieu

    In June 2024, the Competition Act was amended to require businesses to have testing or substantiation to support certain environmental claims, and in June 2025, the Competition Tribunal became empowered to grant leave to private parties to bring deceptive marketing cases, including in relation to environmental claims, if the Tribunal is satisfied that it would be in the “public interest.”  In November 2025 the Government proposed further amendments to the environmental claims provisions of the Competition Act that would walk back some of the earlier amendments not long after they took effect.  Julien Beaulieu, who was our guest in previous episodes about environmental claims that aired in April 2023 and September 2024, returns to share his insights on this important development.

    34 min

  3. 12/18/2025

    Counterfactual LIVE! Political Special with MP Patrick Weiler

    In this episode of the Counterfactual Podcast, we travel to Ottawa for our annual live episode! In this political special, we are joined by Patrick Weiler, Liberal MP for West Vancouver – Sunshine Coast – Sea to Sky Country.  With MP Weiler, we discuss the Federal budget, the differences between legal advocacy and law making, and learn the behind the scenes scoop on the greenwashing amendments in Bill C-59.

    33 min

  4. 12/03/2025

    Competition Litigation by the Numbers

    In this episode of the Counterfactual Podcast, we hear from Paul-Erik Veel of Lenczner Slaght LLP about his recent report, Two Decades of Tribunal Decisions: Data-Driven Insights.  After crunching the numbers from 20 years of litigation before the Competition Tribunal, Paul-Erik is here to discuss what the trends can tell us about competition litigation in the past two decades, and what may change in the next two.  If you’re interested in reading the report, you can find it here: https://litigate.com/assets/uploads/20250618-142233-7576-Two-Decades-of-Competition-Tribunal-Decisions-Data-Driven-Insights.pdf.

    42 min

  5. 10/21/2025

    Barriers at Home: The Case for Interprovincial Free Trade

    In this episode of the Counterfactual Podcast, host Julia Potter sits down with Ryan Manucha, author and expert on interprovincial trade, to unpack why Canada still struggles with domestic trade barriers. They discuss the historical roots of these restrictions, the political and economic forces driving recent reform efforts, and how leadership from both Ottawa and the provinces is shaping the future of internal free trade.

    45 min

  6. 09/19/2025

    Conversation with New CBA Competition Law and Foreign Investment Review Section Chair Dominic Thérien

    In this Episode, new Section Chair, Dominic Thérien, provides a brief overview of the Section and its committees; reflects on his journey in the Section over two decades; explains the nature and importance of the Section’s interactions with key stakeholders and counterparts, including the Competition Bureau, the Foreign Investment Review and Economic Security Branch, the CBA, the ABA and other bar associations; reflects upon recent developments in the practice area, including multiple rounds of significant amendments to the Competition Act and the Investment Canada Act and related Section accomplishments, including commenting on the proposed amendments before they were passed and commenting on related draft guidelines; and offers his thoughts on what promises to be an exciting year ahead that is expected to include, among other things, more draft guidelines and exciting conferences and other in-person events.

    27 min

  7. 05/15/2025

    Criminal Matter Enforcement in Flux: Cross-Border Insights and Trends

    In this episode of the Counterfactual Podcast, we hear from Bruce McCulloch from Freshfields Bruckhaus Deringer and Joe McGrade from Blake, Cassels & Graydon LLP provide US and Canadian perspectives on the key highlights and additional insights from the panel discussion at the 2025 Annual Criminal Matters Committee Town Hall hosted by the CBA Criminal Matters Committee. They discuss emerging trends in criminal enforcement, including declining use of leniency programs, the growing scrutiny of ESG and DEI-related collaborations, and cross-border coordination amid shifting political landscapes.

    32 min

  8. 05/01/2025

    Better Know the Bureau Series: Getting to Know Kristen McLean

    In this episode of the Counterfactual podcast, we hear from Kristen McLean, a Senior Competition Law Officer in the Monopolistic Practices Branch about her background and role within the Competition Bureau. This is the latest episode of the new “Better Know the Bureau” series where we “demystify” the Competition Bureau and better get to know the people that make up the Competition Bureau.  This episode also includes a “sneak peak” of the CBA Competition Law Section’s upcoming Spring Conference taking place May 8 in Toronto.  Register here: https://www.cbapd.org/details_en.aspx?id=na_na25com01a.

    31 min
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About

Counterfactual is a podcast presented by the Canadian Bar Association’s Competition Law and Foreign Investment Review Section. The Counterfactual podcast strives to inform and entertain about topics of interest that lie at the core, intersection or even periphery of competition law and policy.

Information

  • Creator
    Canadian Bar Association
  • Years Active
    2022 - 2026
  • Episodes
    33
  • Rating
    Clean
  • Show Website
    Counterfactual

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