Win For Ford Nation: Court Finds City Had No Authority To Impose Financial Penalty

Michael Binetti
Affleck Greene McMurtry LLP January 25th, 2013

The Ontario Divisional Court set aside the decision of the Superior Court of Justice that removed Toronto Mayor Rob Ford from office for allegedly breaching the provincial Municipal Conflict of Interest Act. The Act bars all municipal politicians from speaking, voting, or participating in any way in matters in which they had a “pecuniary interest,” which has been interpreted by the courts to mean a financial or economic interest. In this case, Mayor Ford had been ordered to repay donations of $3,150 made by lobbyists to his football foundation on the basis that lobbyists should not have given money to [...] Full article

Philthy McNasty’s case clarifies franchise limitations periods

Meredith Hayward
Affleck Greene McMurtry LLP September 17th, 2012

Philthy McNasty's did not fare well when the Ontario Court of Appeal recently examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act"). Full article

Wayward Fiduciary entitled to receive bonus from former Employer, says Court of Appeal

David N. Vaillancourt
Affleck Greene McMurtry LLP February 16th, 2012

The Court of Appeal’s decision in Mady Development Corp. v. Rossetto, 2012 ONCA 31, reaffirmed the principle that equitable relief is always discretionary and fact specific. Full article

Court of Appeal at fault, 30 class actions become a total loss

Paul Emerson, and Sonny Ingram
Affleck Greene McMurtry LLP December 9th, 2005

Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions. Full article