The Litigator


Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP


Affleck Greene McMurtry LLP
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Shareholder spat leaves plaintiffs with no remedy, and an order to pay $2.7 million in costs

The case of Harris v. Leikin Group Inc. provides another illustration of the messy, and costly, fallout that can occur when there is a dispute within a successful family business. [more] Full article

Timminco tossed by Supreme Court of Canada

The Supreme Court of Canada typically agrees to hear only about 10 – 15% of the cases that seek its attention. Not only does a proposed appellant need to explain ... [more] Full article

Shot Gun Control: Parties must comply strictly with terms of shot gun clauses, says Ontario’s highest court

In the recent decision of Zeubear Investments Ltd. v. Magi Seal Corporation[1], the Court of Appeal for Ontario had the opportunity to consider the proper interpretation of a shot gun (buy-sell) provision ... [more] Full article

Oppression class actions now recognized in both British Columbia and Ontario

In recent years, much attention has been paid to amendments to provincial Securities Acts across Canada that make it easier for shareholders to sue for misrepresentations by public companies in financial statements and other public documents...

During this period significantly less attention has been paid to whether shareholder class actions might be brought under another and potentially much broader statutory remedy: the oppression remedy under one of the provincial or federal business corporations statutes. However, this may be changing.

Originally published in The Lawyers Weekly. [more] Full article

Shareholder 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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