The Litigator

Litigator

Compelling Commentary on Law Affecting Business

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

It’s no lie: Supreme Court recognizes contractual duty of good faith

The Supreme Court of Canada’s decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and in particular a specific duty to act honestly in the performance of contractual obligations. Harish Bhasin had an “enrolment director” contract with Canadian American Financial Corp (“Can-Am”) pursuant to which Mr. Bhasin sold Can Am’s education savings plans. This was an exclusive contract – Mr. Bhasin was only allowed to sell Can-Am’s products. Mr. Bhasin built a sales force over 10 years, and became one of Can-Am’s top producers. Mr. ... [more]

Canadian businessman extradited to US on fraud and bid rigging charges

Canadian businessman John Bennett appeared in a US court last week after his extradition to the US to face bid-rigging, fraud, conspiracy, and kick-back charges. The charges stem from a ... [more]

Reliance scalded by $5 million penalty

Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a $5 million fine and to change policies that made it difficult for customers to switch to ... [more]

Class action plaintiffs can obtain wiretap evidence

Class action plaintiffs can obtain court-ordered disclosure of wiretap evidence obtained by the Competition Bureau, Canada’s Supreme Court held today in Imperial Oil v Jacques. This decision will make it ... [more]

Credit cards subject to provincial disclosure laws

The perennial question in Canadian law (and politics) is: is it federal or provincial? In the case of credit cards issued by banks, the answer is "both". Although banks are a federal responsibility, provincial consumer protection laws mandating disclosure of contract terms apply to banks that issue credit cards, the Supreme Court held recently in three decisions issued the same day. [more]


DevelopmentsSubscribe to RSS feed

National Energy pays $7 million to resolve door-to-door sales investigation

National Energy Corporation, has agreed to pay a total of $7 million in restitution, administrative monetary ... [more]

Medtronic secures approval to buy Covidien after agreeing to divestitures

Medical device maker Medtronic Inc. resolved the Competition Bureau’s concern that its acquisition of competitor ... [more]

Reliance acquires its largest competitor, National

Shortly after agreeing to pay hefty $5 million penalty to settle the Competition Bureau’s allegations ... [more]

Competition Bureau Signs MOU with the OSC

The Competition Bureau signed a Memorandum of Understanding (MOU) with the Ontario Securities Commission (OSC) ... [more]
More Developments

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, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

Contributor's Profile

Michelle E. Booth

Michelle E. Booth

Affleck Greene McMurtry LLP

Michelle's skills and practice expertise extend to commercial litigation, civil litigation, class actions, and employment, administrative and competition law.

Contributor's Profile

The Hon. David C. Dingwall, P.C., Q.C., ICD.D

The Hon. David C. Dingwall, P.C., Q.C., ICD.D

Affleck Greene McMurtry LLP

Distinguished Visiting Professor, Ted Rogers School of Management, Ryerson University and Host of the Ryerson Negotiation Project; David is highly regarded for his substantial, in-depth experience in both the private and public sectors, at both the national and international level. He has engaged in business activities throughout Canada and the United States, as well as Australia, China, Japan, Sweden, Israel, Thailand, the United Arab Emirates, and Barbados, to name but a few.

Contributor's Profile

Matthew Gibson

Matthew Gibson

Affleck Greene McMurtry LLP

Matthew Gibson is a valued addition to the AGM team with his hands-on experience in the litigation arena. Matthew's practice focus is commercial and civil litigation, administrative law and employment law.

Contributor's Profile

Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

Contributor's Profile

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

Contributor's Profile

Kyle J. Peterson

Kyle J. Peterson

Affleck Greene McMurtry LLP

Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes.

Contributor's Profile

Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris Somerville demonstrates broad-ranging skills and knowledge in the areas of commercial and civil litigation, securities and employment law.

Contributor's Profile

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.

Contributor's Profile

Recommended Articles