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

No Work No Pay – Fee Sharing Agreements Are Subject to Court’s Review

Class counsel are not permitted to pay off their rival firm using proceeds from the settlement funds in order to avoid competing actions, the Ontario Court of Appeal recently held. This type of payment arrangement was first brought before the Superior Court for approval in the Visa/MasterCard Class Actions, in the form of a fee sharing agreement. Both the Superior Court and the Court of Appeal rejected the agreement on the on ground that it was not in the best interests of the class members. The Visa/MasterCard Class Actions Beginning in 2010, a number of class actions were brought in several provinces across Canada, on behalf of merchants who accepted ... [more] Full article

$118,000 Fine for Sewer Bid-rigging

Chalifoux Sani Laurentides Inc. was fined $118,000 after pleading guilty to participating in a bid-rigging scheme for about worth of municipal sewer services contracts in Quebec, the Competition Bureau announced ... [more] Full article

Auto Parts Supplier Fined $4.5 Million For Bid-Rigging

A Japanese motor vehicle components supplier, Yamashita Rubber, pleaded guilty to participating in an international bid-rigging conspiracy and was fined $4.5 million by the Ontario Superior Court of Justice. Yamashita ... [more] Full article

Reliance scalded by $5 million penalty

Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a $5 million fine and to change policies that made it difficult for customers to switch to ... [more] Full article


Fines & Settlements Contributors

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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