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

Fine Print Feuds: Competition Bureau Cracks Down on Misleading Ads

The Competition Bureau has levied more than $4.5 million in administrative penalties for misleading advertising since launching the first volume of its bulletin on deceptive marketing practices last June. Recently, the target has been disclaimers, as telecom provider Comwave Networks Inc. entered into a consent agreement with the Bureau for making various representations about the price and features of its home phone and internet services that the Bureau concluded were misleading. The use of disclaimers in advertising raises unique competition law issues. While they are designed to clarify or limit the message, the size and location of the information is such that they ... [more]

Not Fully Unlimited Calling and Internet: Comwave Networks agrees to pay $300,000 for making false or misleading representations

Telephone and Internet provider Comwave Networks Inc. of Toronto has agreed to pay an administrative penalty of $300,000 for false or misleading representations. Acting under the civil deceptive marketing practices provisions of ... [more]

Condominium Corporations Benefit From Business Judgment Rule Just Like For-Profit Corporations

In the case of 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375, the Ontario Court of Appeal held that decisions of boards of non-profit condominium corporations are owed the same deference ... [more]

Limitation periods still matter in broker/dealer cases, appeal shows

The limitation period starts to run when the plaintiff has knowledge of a wrong and the facts that would constitute a cause of action, the Ontario Court of Appeal reaffirmed ... [more]

Whose Reliance is it anyway? Court strikes misleading ad claim

A misleading advertising claim brought by one bottled water supplier against a competitor can’t hold water unless the plaintiff (not consumers) relied on the misrepresentation, the Ontario Superior Court held recently. ... [more]


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CASL Crunch: Kellogg’s Pays $60k

Kellogg’s has agreed to pay $60,000 and undertook to ensure that it, and its third ... [more]

Canada takes a pass as Nishikawa Rubber pays $130m fine in US

The Competition Bureau recently decided not to recommend charges against an autoparts maker who rigged ... [more]

Canadian chemical merger abandoned after FTC challenge

Superior Plus Corp. abandoned plans to buy rival chemical manufacturer Canexus Corporation after the US ... [more]

Supreme Court of Canada to hear landmark auditor’s liability case

Today, on June 9, 2016, the Supreme Court of Canada granted former Livent auditor, Deloitte ... [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, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) 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. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

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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.

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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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Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne Hooper has recently joined Affleck Greene McMurtry LLP and intends to concentrate her skills in various areas of Civil Litigation and Competition Law. Daphne articled with Affleck Greene McMurtry LLP and has become a valued member of the team.

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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.

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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.

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Wendy Sun

Wendy Sun

Affleck Greene McMurtry LLP

Wendy Sun has substantive experience in domestic and international contractual disputes, competition law, franchise disputes, shareholder disputes, negligent misrepresentation, commercial leasing, and intellectual property matters.

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Annie Tayyab

Annie Tayyab

Affleck Greene McMurtry LLP

Annie Tayyab skillfully navigates a wide range of commercial matters. Her experience includes multi-jurisdictional class actions, complex contractual disputes, competition law, shareholder disputes, regulatory proceedings, consumer protection, commercial leasing, condominium legislation, and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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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. He 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.

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