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The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Supreme Court Denies Leave to Appeal from Foreign Arbitral Award Enforcement Decision

The Supreme Court of Canada has refused to grant leave to appeal from the Sociedade-de-formento decision. Earlier this year, the B.C. Court of Appeal held that Mareva injunction can be granted in the enforcement of foreign arbitral awards in Canada, even if another jurisdiction may be more favourable. As a signatory to the New York Convention, provincial courts in Canada must recognize and enforce an international arbitration award on the same basis as a domestic award for both final judgment and interlocutory purposes. For more details of the case, please see our previous post.   [more] Full article

Injunctions available to enforce foreign arbitral awards, BC court says

The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada. This means that Canadian courts are not entitled to consider whether the ... [more] Full article

Crane Rental Operater Hoisted by Restrictive Covenants

Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give ... [more] Full article

Mobile wars heat up: Telus denied injunction against Mobilicity

It’s deja vu all over again in the mobile telephony industry. On Wednesday, December 19, 2012, The British Columbia Supreme Court denied an application by Telus for an injunction restraining ... [more] Full article


Injunctions 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.

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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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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

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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.

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