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

Is the Competition Act a “Complete Code”?

Courts debate whether breaches of the Competition Act can support common law claims Recently, Canadian courts have been debating whether the Competition Act is a “complete code” that forecloses the availability of so-called “parasitic” claims, that is, common law and equitable causes of action that are predicated upon breaches of the Competition Act. The issue is important because the Competition Act’s private right of action for damages (s. 36) is limited to actual damages proven to have been suffered by the plaintiff, plus costs of the investigation and litigation. Aggravated and punitive damages are not available, nor is restitution or ... [more] Full article

No pot of gold at the end of the Rainbow

A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded over $5.5 million to the loser of a competitive bidding process: 321665 Alberta Ltd. v. Husky Oil Operations Ltd., 2013 ABCA 221. [more] Full article

A Cautionary Tale in Comparative Advertising

National Energy Corporation was recently ordered by the Ontario Superior Court of Justice to stop distributing a comparative advertising brochure which contained false and misleading statements about the services and ... [more] Full article

The Loss Stops Here

Indirect purchasers of a product that was the subject of a price fixing conspiracy cannot sue to recover losses passed on to them by direct purchasers, the British Columbia Court ... [more] Full article


Private Actions Contributors

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.

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

Recommended Articles