The Litigator
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

SCC to Consider Spoliation: Remedies for Document Destruction 

Masiel A. Matus

The Supreme Court of Canada granted leave in a case that could clarify spoliation remedies, and particularly where a party destroys or refuses to produce documents relevant to damages. The case involves the world’s largest hedge fund and private equity administrator, SS&C Technologies Canada Corp. (“SS&C”), and the world’s largest custodial bank, Bank of New York Mellon Corporation (“BNY”) and its affiliate, CIBC Mellon Global Securities Services Company (“CIBC Mellon”).  SS&C had a contract with BNY’s predecessor and a similar one with CIBC Mellon for the provision of market pricing data for securities. CIBC Mellon subsequently terminated its contract with ... [more]

CIRO Celebrates pending legislation to enhance its investigative and enforcement powers in Ontario

In a recent Press Release, the Canadian Investment Regulatory Organization (CIRO) has applauded the Ontario government’s decision to give it what it calls the “full enforcement toolkit” of powers to ... [more]

Understanding the Chilling Effect on Mergers and Market Share

Background:  There is widespread concern that some of the recent amendments to the Competition Act will have a chilling effect on merger activity.  These amendments represent a considerable change in ... [more]

From Ink to Emojis: The New Era of Enforceable Contract Signatures

In its recent decision in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115, the Saskatchewan Court of Appeal upheld the Court of King’s Bench decision ... [more]

Competition If Necessary: Balancing Policy & Consumer Welfare in Canadian Competition Law

The United States is threatening Canada with tariffs and other protectionist policies. In this environment, it is worth considering the role of competition in Canada’s response. Competition law and policy ... [more]


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AGM remembers The Honourable Roy McMurtry, K.C., 1932 – 2024

The lawyers and staff of Affleck Greene McMurtry LLP send our condolences to the family ... [more]

It has a name! New Self-Regulatory Organization (finally) announces its new name

On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory ... [more]

MFDA and IIROC Members vote to amalgamate and form “New SRO”

In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association ... [more]

Supreme Court of Canada clarifies courts have an obligation to follow decisions of courts at the same level in most cases

The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) ... [more]
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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. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth 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. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

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Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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John Rook

John Rook

Affleck Greene McMurtry LLP

John F. Rook, KC, is a senior Canadian litigation lawyer with over 50 years of experience in competition law, commercial disputes, and administrative law. He is recognized as a leading competition litigator and has appeared before Canada’s Supreme Court and key tribunals.

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Ardita Sinojmeri

Ardita Sinojmeri

Affleck Greene McMurtry LLP

Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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