In the case of Royal Bank of Canada v. Boussoulas, the Ontario Superior Court declined RBC’s request to appoint an interim receiver and grant a Mareva injunction against the defendants, who, it was alleged, were continuing their business through a succession of companies in order to avoid repaying RBC loans.

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Affleck Greene McMurtry LLP (AGM), a leading Toronto-based commercial litigation and competition law practice, is proud to announce that The Honourable David C. Dingwall, P.C, Q.C., Counsel with AGM, has been appointed an International Commercial Arbitrator by the ICC National Committee of the Canadian Chamber of Commerce.

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Contributors: The Hon. David C. Dingwall, P.C., Q.C., Kenneth Dekker, Michael Osborne, Fiona Campbell (Articling Student), and Brigid Wilkinson (Summer Student)

An update on significant commercial litigation decisions released recently in Canada.

• Insurance companies hit with $455.7 million class action judgment
• Court of Appeal comes to the fork in the road – and takes it
• Alberta appeal court overturns unprecedented damages award to dismissed investment advisor
• Judgment granted in Ontario’s first-ever environmental tort class action
• The International Centre for Settlement of Investment Disputes – Its time has come!
• Court refuses to add to the contractual obligations of the vendor of a business

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A judge of the Ontario Superior Court of Justice’s Commercial List recently approved a plan of arrangement that eliminated the dual class share structure at Magna International Inc. (“Magna”) and in the process provided a large payout to its former controlling shareholder. Magna is in the business of developing and manufacturing automotive systems, components, and [...]

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In a judgment released last July in Smith v. Inco. the Ontario Superior Court recently decided Ontario’s first-ever environmental tort class action judgment by awarding an estimated $36 million to approximately 7,000 homeowners in the Port Colborne area of Ontario.  The defendant, Inco, was sued for the loss of property values suffered by class members [...]

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