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

Ontario Superior Court

Bank’s “dirty hands” deprive it of Mareva injunction even though test met

December 1st, 2010 | By Michael Binetti | Posted in Commercial Litigation, Injunctions

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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Magna Plan of Arrangement approved by Ontario Courts

October 20th, 2010 | By David N. Vaillancourt | Posted in Commercial Litigation, Disputes within Companies and Partnerships

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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Judgment granted in Ontario’s first environmental tort class action

October 7th, 2010 | By Fiona Campbell | Posted in Class Actions, Commercial Litigation

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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Recent Ontario cases highlight the scope of the oppression remedy – and its limitations

March 6th, 2009 | By Kenneth Dekker | Posted in Commercial Litigation

While the corporate oppression remedy is a broad remedy that can provide relief to a wide range of shareholders and certain other stakeholders harmed when a corporation is run contrary to their reasonable expectations, it will not provide relief to arm’s length contracting parties who later find that their contract does not give them the protection they want.

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Class action attacks “economic effect” of DuPont’s prices

February 15th, 2008 | By Michael Osborne | Posted in Class Actions and Other Private Actions, Competition Law

Canada’s first class action alleging vertical price maintenance may have far reaching consequences for Canadian manufacturers and distributors.

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