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

Whose Reliance is it anyway? Court strikes misleading ad claim

A misleading advertising claim brought by one bottled water supplier against a competitor can’t hold water unless the plaintiff (not consumers) relied on the misrepresentation, the Ontario Superior Court held recently. The court relied on cases that require consumers to plead that they relied on misleading ads in order to recover damages. The court imposed this requirement on all plaintiffs without considering that a claim by a competitor is different from claim by a consumer. A misleading advertising claim by one competitor against another is based on losses caused when consumers (not the plaintiff competitor) rely on the misleading ads and shift business ... [more] Full article

Online Reviews & Endorsements Guidance Issued

The International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection authorities from nearly 60 countries, including the Competition Bureau of Canada, has published three sets of guidelines on ... [more] Full article

Avis and Budget agree to pay $3m to settle drip pricing case

Car rental companies Aviscar Inc. (Avis) and Budgetcar Inc. (Budget) have agreed to pay a $3 million administrative monetary penalty to settle allegations by the Competition Bureau that they misled consumers ... [more] Full article

Bell to Reimburse Wireless Customers $11.82m

Bell has agreed to reimburse its customers who paid for “premium text messaging” up to $11.82 million. This is the latest and largest settlement reached by the Competition Bureau in its ... [more] Full article


Marketing Practices and Telemarketing 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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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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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.

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