The Litigator

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The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Law suit alleging defamation by Competition Bureau allowed to proceed

Ontario's top court recently allowed parts of a claim that the Competition Bureau defamed suspects when it an announced bid-rigging charges against them to proceed to trial. In February 2009, the Bureau announced that criminal bid-rigging charges had been laid against 14 individuals and seven companies accusing them of rigging bids for federal government contracts. The Bureau's press release alleged that its investigation had uncovered a bid-rigging scheme by IT companies to "defraud the government by winning and dividing contracts, while blocking out honest bidders". In a backgrounder issued the same day, the Bureau elaborated on the alleged bid-rigging conspiracy, ... [more] Full article

Statements to Securities Commission are protected by absolute privilege

In his decision this Fall in Fraleigh v. RBC Dominion Securities, Ontario Superior Court Justice Newbould summarily dismissed an action brought by John Fraleigh against RBC Dominion Securities and one of its employees. The action was brought for allegedly false statements and testimony given before the Ontario Securities Commission claiming unusual trading activity in his RBC trading accounts – information that was later published in media reports. In dismissing Fraleigh’s action, Justice Newbould found that the claim arose entirely from testimony and other related communications to the OSC; communications that are protected by absolute privilege. [more] Full article

Door left open for tort of invasion of privacy in Ontario

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. [more] Full article


Attacks on Reputation Contributors

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 two decades 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.

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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael leads Affleck Greene McMurtry LLP's competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.

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Kyle J. Peterson*

Kyle J. Peterson*

Affleck Greene McMurtry LLP

Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes.       * Presently on leave of absence from the Firm. Kyle Peterson was elected as a Member of the House of Commons of the Canadian Parliament in the 2015 Canadian Federal Election.

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