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The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Limitation periods still matter in broker/dealer cases, appeal shows

The limitation period starts to run when the plaintiff has knowledge of a wrong and the facts that would constitute a cause of action, the Ontario Court of Appeal reaffirmed in upholding the dismissal of a dealer client’s claim on a summary judgment motion for falling outside the limitation period. (Unegbu v WFG Securities, 2016 ONCA 501 affirming 2015 ONSC 6408). The plaintiff, Ms. Unegbu, invested in mutual funds through a leveraged account at the defendant mutual fund dealer in June 2008. She expected an 8% return but noticed that her investments had declined by November 2008. Concerned, she contacted the dealing representative who sold the funds to cancel ... [more] Full article

OSC announces “no-contest” settlement program

The Ontario Securities Commission decided it will now settle enforcement proceedings in some cases without requiring admissions of fault (announced on March 11, 2014). This changes the OSC’s prior practice of generally requiring parties subject to enforcement to openly admit ... [more] Full article

MFDA panel finds that branch manager might have duty to monitor non-registrants at branch

The self regulatory organization for mutual fund dealers, the Mutual Fund Dealers Association of Canada ("MFDA"), made an interesting decision on May 8, 2012 on a motion by a branch ... [more] Full article


Broker/Dealer litigation 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 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.

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