The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Ontario’s Top Court upholds decision significantly limiting proposed securities class action against Barrick Gold

Kenneth A. Dekker

In its decision last week in Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, the Court of Appeal for Ontario has upheld the decision of Superior Court Justice Jasmine Akbarali to refuse to grant leave to proceed under Part XXIII.1 of the Securities Act for a proposed misrepresentation class action against mining giant Barrick Gold Corporation. On the original motion, leave to proceed had been denied in relation to a number of alleged misrepresentations Barrick made in its public filings and it had been granted only in relation to two alleged misrepresentations issued in February ... [more]

B.C. Court of Appeal confirms that secretly recording conversations with Co-workers can be just cause for dismissal

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court’s decision that the employee’s surreptitious recordings of his colleagues constituted ... [more]

Superior Court Finds Arbitration Agreement for Crypto Trading Platform Unenforceable

In the recent decision, Lochan v. Binance Holdings Limited, 2023 ONSC 6714, the Ontario Superior Court of Justice has demonstrated that the courts will find an arbitration agreement unenforceable when ... [more]

Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties

In Sharp v Autorité des marchés financiers, 2023 SCC 29, the Supreme Court of Canada provided further guidance about when provincial schemes to regulate securities can apply to individuals outside ... [more]

Superior Court Highlights How Delayed Notice Caused Prejudice to the Insurer

In the recent decision, Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803, the Ontario Superior Court of Justice has provided insight on the issue of when an insured under a Directors ... [more]


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It has a name! New Self-Regulatory Organization (finally) announces its new name

On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory ... [more]

MFDA and IIROC Members vote to amalgamate and form “New SRO”

In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association ... [more]

Supreme Court of Canada clarifies courts have an obligation to follow decisions of courts at the same level in most cases

The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) ... [more]

Where’s the beef? Class action alleges price-fixing, restricting supply

A Quebec class action is being brought against four beef companies that are alleged to ... [more]
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Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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Jeremy Brodeur, Articling Student

Jeremy Brodeur, Articling Student

Affleck Greene McMurtry LLP

Jeremy joins AGM from the University of Ottawa Faculty of Law, where he was involved in the law student union and competitive mooting. During law school, Jeremy and his team reached the semi-final round of the Vis Moot, ranking near the top of 385 law schools in the global competition. Jeremy looks forward to putting his passion for advocacy into practice at AGM.

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Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

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Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.

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Ardita Sinojmeri

Ardita Sinojmeri

Affleck Greene McMurtry LLP

Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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