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

Judges Can Sit in Other Provinces: Supreme Court

Superior Court judges can sit outside their home provinces, the Supreme Court held today. This decision will facilitate the management of national class actions and other inter-provincial litigation in Canada. The issue arose in connection with the national settlement in the tainted blood class action that was approved in 1999. Class counsel wanted to extend the time for filing claims for benefits from the settlement funds. Since the court-approved settlement assigned supervision of the settlement to courts in BC, Ontario, and Quebec, the motion had to be brought before all three courts, and all three courts had to agree on the ... [more] Full article

Allied Nevada plaintiffs denied leave to advance Securities Act claims against underwriters

In a recent decision, Ontario Superior Court Justice Edward P. Belobaba found that two investment dealers are not experts under the Ontario Securities Act – and they couldn’t be happier ... [more] Full article

Top Up or Give Up: Prepaid Phone Card Class Action Dismissed

Prepaid mobile phone services offer flexibility and freedom to those who do not wish to be locked into a monthly plan. The downside is that prepaid phone cards only remain active for a certain ... [more] Full article

Lenders’ misrepresentation claim against auditor summarily dismissed

In the latest chapter in an almost 20-year-old saga involving Philip Services Corp. (“Philip”) and an accounting fraud uncovered in 1998, Ontario Superior Court Justice Perell summarily dismissed a negligent ... [more] Full article


Class Actions 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

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.

Contributor's Profile

Wendy Sun

Wendy Sun

Affleck Greene McMurtry LLP

Wendy Sun has substantive experience in domestic and international contractual disputes, competition law, franchise disputes, shareholder disputes, negligent misrepresentation, commercial leasing, and intellectual property matters.

Contributor's Profile

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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