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

Archive for 2007

Anton Piller orders require “compelling evidence” to establish dishonesty and a real possibility that a party will destroy evidence

October 3rd, 2007 | By Hooman Zargarzadeh | Posted in Commercial Litigation, Remedies for Emergency Relief

The rules governing examinations for discovery require litigants to disclose all documents relevant to a particular action to their opponent subject to considerations of solicitor-client privilege, litigation privilege, and settlement privilege.  These rules rely on the good faith of the…

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Parliamentary privilege trumps Competition Act, Tribunal rules

September 10th, 2007 | By Michael Osborne | Posted in Competition Law, Private Applications

After a 10 year struggle, Robert Gauthier, proprietor of now defunct The National Capital News Canada tried unsuccessfully to renew his application to the Competition Tribunal to force the Speaker of the House of Commons to grant him access to the Parliamentary Press Gallery.

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Performance, and Labour and Materials Payment Bonds – Avoiding the Pitfalls of the Surety’s Defences to a Bond Claim

June 28th, 2007 | By Peter Greene | Posted in Commercial Litigation, Construction (including Performance and L&M Bond Defense)

The comfort provided by a surety bond can be lost easily if one does not cross one’s T’s and dot one’s I’s. However, by being aware of the defences most often raised by sureties you can chart a course that reduces the likelihood that the surety bond ends up as nothing more than a souvenir of a construction project gone wrong.

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Dolby complaint silenced

June 14th, 2007 | By Michael Osborne | Posted in Civil Anti-Competitive Conduct, Competition Law, Private Applications

Sono Pro Inc., a Montreal professional audio equipment reseller, has lost its attempt to force Sonotechnique P.J.L. Inc. to supply it with Dolby products.

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The letters rogatory that got away

June 12th, 2007 | By Sonny Ingram | Posted in Commercial Litigation, Enforcement of Foreign Judgments

Last fall, the Ontario Court of Appeal overturned an order enforcing a request for international judicial assistance (also known as letters rogatory) that sought to compel a former executive of a Talisman Energy Inc. subsidiary to be deposed in a U.S. action.

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Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  
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