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Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com

Archive for 2007

AGO contributes to ABA handbook

May 15th, 2007 | By Michael Osborne | Posted in Class Actions and Other Private Actions, Competition Law

Many Canadian class actions alleging price fixing conspiracies are run parallel to similar US class actions. As a result, this handbook will be useful to Canadian lawyers seeking to understand how the US class action system deals with issues surrounding indirect purchasers.

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Cable company liable for inducing breach of contract

May 14th, 2007 | By Kenneth Dekker | Posted in Commercial Litigation, Employment Litigation

Ontario’s Court of Appeal upheld the trial decision in Drouillard v. Cogeco Cable Canada Inc. that held large cable operator Cogeco Cable liable for telling a cable subcontractor, Mastec Canada, that it would not allow its employee, Mr. Drouillard, to work on Cogeco equipment.

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Criminal bank service charges?

May 12th, 2007 | By Michael Binetti | Posted in Class Actions, Commercial Litigation

Do high service charges exacted by MBNA for credit card cash advances constitute a criminal rate of interest? This is among the issues certified as a class action by the Ontario Court of Appeal in Markson v. MBNA Canada Bank. The court held that the bank could not rely on its failure to keep data to escape certification.

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Rebate program case to be reconsidered by Competition Tribunal

May 10th, 2007 | By Michael Osborne | Posted in Civil Anti-Competitive Conduct, Competition Law

On May 10, 2007, the Supreme Court of Canada denied leave to appeal to Canada Pipe Company Ltd. to appeal from a decision of the Federal Court of Appeal that substantially revised the test to be applied in cases of abuse of dominance.

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Ex-employees enjoined from accepting business from former employer’s customers

May 9th, 2007 | By Adam Wygodny | Posted in Commercial Litigation, Employment Litigation

Western Tank & Lining Ltd. recently obtained an extraordinarily broad interlocutory injunction restraining a group of former employees not only from soliciting Western Tank’s clients but even from accepting business from customers that Western Tank did business with over the previous 5 years.

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365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  
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