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

court of appeal

“But for” is not enough

July 13th, 2005 | By Michael Osborne | Posted in Competition Law

The US Court of Appeals for the District of Columbia has rejected the latest attempt by foreign plaintiffs to sue in the US for injury caused outside of the US by an alleged worldwide conspiracy to fix the price for certain vitamins.[1] The Empagran case is already familiar to Canadian competition and class action lawyers. [...]

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A Tale of a Faithless Fiduciary

April 6th, 2005 | By Meredith Hayward | Posted in Commercial Litigation, Professional Negligence and Discipline Hearings

3444920 Canada Inc. v. Strother , 2005 BCCA 35[1] A recent decision of the B.C. Court of Appeal has hit a senior Vancouver lawyer, and possibly his firm, with a judgment worth more than $30 Million as a result of the lawyer’s breach of fiduciary duty to a client. The lawyer is Robert Strother, formerly [...]

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Withdrawing a bid not “bid-rigging”, court finds

July 29th, 2004 | By Michael Osborne | Posted in Competition Law, Criminal Matters

In R. v. Rowe[1], the Ontario Superior Court found that the offence of bid-rigging, in s. 47 of the Competition Act does not include withdrawing a bid or tender. Two companies submitted identical bids to supply chlorine to the City of Toronto. One company subsequently withdrew its bid. The Crown alleged that the two had [...]

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Court refuses to certify indirect purchaser class because of difficulties in proving liability:Chadha v. Bayer Inc.

November 23rd, 2003 | By Michael Osborne | Posted in Competition Law, Indirect purchasers, Private Actions

In its recent decision in Chadha v. Bayer Inc., the Ontario Court of Appeal upheld the Divisional Court’s refusal to certify a class of indirect purchasers of pigments used to colour bricks. The Supreme Court of Canada denied leave to appeal on July 17, 2003.

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365 Bay Street, Suite 200  ·  Toronto, Canada
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