Lawyer Profile Detail

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

Martindale-Hubbell recently rated John as "AV Preeminent", their "highest level of professional excellence". He is also ranked among the top 25 international trade lawyers in the world by Expert Guides to the World’s Leading Lawyers – Best of the Best and is recognized as a leader in the field of international trade law in numerous other legal directories, including Chambers Global (WTO/International Trade – Tier One), Lexpert, Euromoney’s Guide to the World’s Leading International Trade Lawyers, The Best Lawyers in Canada, and LawDay Leading Lawyers Directory.

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, blocking measures, economic sanctions, defence controls, national security measures, anti-dumping, countervail and safeguard measures, anti-corruption laws, 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, defence, 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 Kluwer Global Trade and Customs Journal, 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 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 and Ontario 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.

He is regularly invited to speak at national and international conferences and seminars on trade and investment matters. 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.

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.

• 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, Toronto, Ontario, November 17, 2010.
• Speaker, "Export Controls in Canada and the U.S.A.", Canadian Association of Importers and Exporters 79th Annual Conference & Trade Show "Looking Beyond the Obvious", Toronto, Ontario, October 20, 2010.
• 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, Vancouver, British Columbia, October 6, 2010.
• "Proposed US Defence Control Changes Aim to Resolve Conflicts with Canadian Human Rights Law", McCarthy Tétrault Legal Update, August 11, 2010.
• Yugraneft Corp. v. Rexx Management Corp.: Victors in International Arbitration Proceedings Must Look Out for Local Limitation Periods", McCarthy Tétrault Co-Counsel: Litigation, Volume 4, Issue 1, August 2, 2010.
• "Canada Targets Financial Services and Oil & Gas Sectors in New Unilateral Sanctions Against Iran", McCarthy Tétrault Legal Update, July 26, 2010.
• "Canadian Government Undertaking Industry Consultations on Cryptography Export Permit Process", McCarthy Tétrault Legal Update, July 14, 2010.
• "Sanctions Alert: The Brave New World of Doing Business with Iran", McCarthy Tétrault Legal Update, July 12, 2010.
• "Export Controls Alert: Canada’s Response to Liberalization of Controls on Ancillary Encryption", McCarthy Tétrault Legal Update, June 18, 2010.
• "At the Cross-Roads of U.S. and Canadian Trade Controls: The Cuba Conflict," the Kluwer Global Trade and Customs Journal, Volume 5, Issue 6, June 2010.
• Speaker, "The Collision of U.S. Export Control and ITAR Rules with Canadian Law", The American Conference Institute’s 13th National Forum on Export Controls, Washington, DC, May 18-19, 2010.
• Lecturer, "Regulation of Controlled Military Goods and Technology in Canada and Conflicts with U.S. ITAR", U.S. Defence Trade Controls, Export Compliance Training Institute, Montréal, May 12, 2010.
• Lecturer, "Managing the Relationship Between Canadian and U.S. Export Controls and Trade Embargoes", U.S. Commercial Export Controls & Embargoes, Export Compliance Training Institute, Montréal, May 11, 2010.
• "Canadian Government Launches Consultations on Encryption Controls", McCarthy Tétrault Legal Update, March 9, 2010.
• 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, Montreal, February 24, 2010.
• Quoted in "We need to seek other trade partners", Eric Cunningham, The Hamilton Spectator, February 23, 2010.
• Co-Chair, "Citizenship & Immigration /International Law: Navigating the International Assignment Maze: Immigration, Employment and Taxation Issues in Foreign Workers Transfers", Ontario Bar Association, Institute 2010 Program, Toronto, February 16, 2010.
• Quoted in "'Buy American' deal marks a step forward", The Windsor Star, February 13, 2010.
• Quoted in "Protectionism kept at bay", Paul Vieira, Financial Post, February 6, 2010.
• Quoted in "Deal exempts Canadian companies from protectionist Buy American provisions", Jennifer Ditchburn, The Canadian Press, February 5, 2010.
• "U.S. and Canada Reach Agreement on "Buy America" and Provincial Government Procurement", McCarthy Tétrault Legal Update, February 5, 2010.
• "Spotlight On Sections: International Law", Briefly Speaking, Official Magazine of the Ontario Bar Association, Vol. 35 No. 1, February 2010.
• "2010 Promises to be Another Busy Year for Canadian Export Controls and Economic Sanctions", Q1 2010 Newsletter, Export Controls & Economic Sanctions Committee of the American Bar Association Section of International Law, January 2010.
• "Message From the Chair: OBA June Program Activities", The Globetrotter, Volume 14, No. 1, International Law Section of the Ontario Bar Association, December 2009.
• "Jon R. Johnson Recognized for Excellence in International Law", The Globetrotter, Volume 14, No. 1, International Law Section of the Ontario Bar Association, December 2009.
• "Looking Back and Moving Forward: Key Developments in Canadian Trade Controls and Economic Sanctions During 2009", McCarthy Tétrault Legal Update, December 3, 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, Toronto, November 25, 2009.
• "Canada Border Services Agency Issues New Guidelines On The Dutiability Of Post-Importation Payments And Management And Administration Fees", The Transportation Lawyer, Volume 11, Number 2, October 2009.
• Quoted in "Arbitrator resigns in NAFTA case against Canada because of work for Mexico", by Kyriaki Karadelis, Global Arbitration Review, October 28, 2009.
• 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, October 27 - 31, 2009.
• Speaker, "Use of the National Security Exception in International Trade and Investment Agreements", State of Necessity and Force Majeure in an Age of Global Economic Crisis, American Bar Association 2009 Fall Meeting, Miami, October 27 -- 31, 2009.
• "Between a Rock and a Hard Place: Navigating Conflicting U.S. and Canadian Trade Controls", 88th Annual Meeting of the American Branch of the International Law Association, New York, October 24, 2009.
• Chair, 2nd Annual Award for Excellence in International Law, International Law Section, Ontario Bar Association, October 20, 2009.
• Co-Chair, "New Developments in Canada's Screening of Foreign Investments", joint program of the American Bar Association Section of International Law, the Canadian Bar Association National Section on International Law, and the Ontario Bar Association International Law Section, September 29, 2009.
• "Canadian Government Announces Plans for Tariff Relief on a Broad Range of Manufacturing Inputs", McCarthy Tétrault Legal Update, September 25, 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.
• "Report on the Committee Joint Program on U.S. Export controls vs. Canadian employment Law: U.S. Export Controls vs. Canadian Employment Law Program Joint Program with Canadian and Ontario Bar Associations", Q2 2009 Newsletter, Export Controls & Economic Sanctions Committee of the American Bar Association Section of International Law, Volume 1, Issue 3, July 2009.
• Quoted in "Premiers: Replace Buy America With New Free Trade Deal", Chronicle Herald, June 10, 2009.
• Quoted in "Premiers Want to Eliminate ‘Buy America’", Canadian Press, Canoe.ca, June 9, 2009.
• Quoted in "Federal Agency May Relocate Border to Defuse Standoff", Calgary Herald, June 5, 2009.
• Quoted in "Relocation of Border Crossing Considered to Defuse Standoff", Ottawa Citizen, June 4, 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", Low Carbon Fuel Standard: Concept v. Consequences and North America’s Energy Trade, Canadian Energy Research Institute, Calgary, 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.
• "OBA International Law Section Program: Update on International Trade and Bilateral Investment Treaty Negotiations", The Globetrotter, Volume 13, No. 2, International Law Section of the Ontario Bar Association, 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.