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

Commercial Litigation

No class action where arbitrator has jurisdiction, court holds

June 19th, 2006 | By Stephanie Gabor, Summer Student | Posted in Arbitration, Class Actions, Commercial Litigation, Employment Litigation, Mediation and other Alternative Dispute Resolution

Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon.

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Appeal court finds that “non-final” U.K. order should be enforced in Ontario

June 13th, 2006 | By Kenneth Dekker | Posted in Arbitration, Commercial Litigation

Ontario’s Court of Appeal recently recognised a U.K. High Court’s initial order in a scheme of arrangement aimed at winding up the reinsurance business of Cavell Insurance Company Limited. It did so despite the fact that the U.K. court’s order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

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Door left open for tort of invasion of privacy in Ontario

June 13th, 2006 | By Kyle Peterson | Posted in Attacks on Reputation, Commercial Litigation

If someone has their privacy violated in Ontario, can they pursue a civil remedy in the Ontario courts? Does Ontario law recognise the tort of invasion of privacy? These questions were the subject of a motion brought by McDonald’s Restaurants of Canada seeking to strike out a plaintiff’s claim for unlawful invasion of his privacy on the basis that it disclosed no reasonable cause of action.

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The cross-border woes of Conrad Black – the dilemma of differing approaches to self-incrimination in Canada and the US.

June 13th, 2006 | By Jennifer Cantwell | Posted in Arbitration, Commercial Litigation, Disputes within Companies and Partnerships

Conrad Black and other officers and directors of Ravelston must attend to be examined under oath, even though there is a risk that their evidence could be used against them in criminal proceedings in the US , the Ontario Court of Appeal ruled in November 2005.[1] This case highlights a serious conflict between the Canadian [...]

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Lawyer forces TD Bank to release trust funds

June 13th, 2006 | By Paul Emerson | Posted in Commercial Litigation, Disputes over Contracts, Remedies for Emergency Relief

A Toronto real estate lawyer was successful recently in forcing the Toronto-Dominion Bank to release funds held in his trust account after the bank wrongly purported to freeze his account to recoup its loss from a fraudulent cheque that had been drawn by another of the lawyer’s clients and deposited into the trust account.

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