The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

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

Actions speak louder than words: dependent contractors’ big win upheld

Two dependent contractors will receive $125,000 each after the Ontario Court of Appeal upheld an award of 26 months notice in the recent decision in Keenan v. Canac Kitchens Ltd., reinforcing that the legal nature of a service relationship will be determined by the conduct of the parties, not the language used to define it. On appeal, Canac unsuccessfully challenged the trial judge’s finding that Lawrence and Marilyn Keenan were dependant, rather than independent, contractors and the length of the notice period – 26 months in circumstances that do not appear to be exceptional. The plaintiffs, who were also spouses, ... [more] Full article

Curtains for auditor’s arguments at the Court of Appeal in Livent case

Livent Inc. (“Livent”) has prevailed at the Court of Appeal in its auditor’s negligence claim against Deloitte & Touche (“Deloitte”) concerning Deloitte’s failure to detect an accounting fraud carried out by Livent’s senior management. In the result, the trial judge’s $84,750,000.00 damage award (plus interest) was upheld. [more] Full article

After the Storm: only CIBC and IMAX class actions survive

In Ontario, the last four years have been overcast for securities class actions. The clouds lifted last week, when the Supreme Court clarified a critical limitation period by overturning the ... [more] Full article

Ontario’s top court affirms denial of leave to amend claim in secondary market misrepresentation class action

The requirement for leave of the court in order to proceed with secondary market claims under Part XXIII.1 of the Securities Act continues to evolve and be the subject of extensive judicial commentary almost ten years after it came into force. [more] Full article


Appeals and Judicial Review Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

Contributor's Profile

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

Contributor's Profile

Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris Somerville demonstrates broad-ranging skills and knowledge in the areas of commercial and civil litigation, securities and employment law.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. He has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal.

Contributor's Profile

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