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

Privacy law does not shield judgment debtors

The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), is to be interpreted.   To the relief of judgment creditors across the country, the Supreme Court ruled that courts can use their inherent jurisdiction to make orders permitting the disclosure of personal information, including personal information contained in mortgage discharge statements, and that such disclosures are permitted based on the implied consent of the mortgagor. RBC was a judgment creditor of Phat and Phoung Trang and sought a ... [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

Credit cards subject to provincial disclosure laws

The perennial question in Canadian law (and politics) is: is it federal or provincial? In the case of credit cards issued by banks, the answer is "both". Although banks are a federal responsibility, provincial consumer protection laws mandating disclosure of contract terms apply to banks that issue credit cards, the Supreme Court held recently in three decisions issued the same day. [more] Full article

Aldo can sue MasterCard in Ontario, court rules

A choice of forum clause will generally not be enforced against a non-party to the contract containing the clause, the Ontario Court of Appeal held in a recent decision arising ... [more] Full article


Banking Litigation Contributors

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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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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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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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David Vaillancourt, a partner of the firm, focuses his practice expertise on 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.

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