The Litigator


Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP


Affleck Greene McMurtry LLP
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Canada lags behind European countries in recognizing the Right to be Forgotten

A recent decision by Germany’s Constitutional Court that a convicted murderer has the “Right to be Forgotten” highlights the latest development in EU Privacy Law. It also underlines how far behind Canada is in addressing these legal issues. Germany’s highest court, the Bundesverfassungsgericht (shortened to BVerfG), overturned a lower court’s decision about a man convicted of murder in 1982 and released in 2002. The lower court held that the public interest outweighed the man’s right to privacy. The BVerfG disagreed and held that courts should decide on a case by case basis whether sufficient time has elapsed to justify the ... [more]

Ontario Proposes New Animal Welfare Bill to Replace OSPCA Act

The Ontario Government is currently considering Bill 136: An Act to enact the Provincial Animal Welfare Services Act, 2019 and make consequential amendments with respect to animal protection (the “Bill”). ... [more]

Can an opinion be a misrepresentation? It depends on what you include in it. How misrepresentations made in opinions are treated under s. 138.3 of the Securities Act.

In a decision released on October 9, 2019 in DALI Local 675 Pension Fund (Trustees) v. Barrick Gold, 2019 ONSC 4160 (“DALI”) Justice Belobaba of the Ontario Superior Court considered ... [more]

IIROC guidance highlights limitations on limitation of liability clauses in retail client account agreements

“By signing below, you agree not to sue me.” Not so fast, says Canada’s primary regulator of investment dealers. On October 10, 2019, the Investment Industry Regulatory Organization of Canada ... [more]

Nothing wrong with cutting number of Toronto City Councillors during election campaign: Court of Appeal

In a 3-2 decision, the Court of Appeal for Ontario in Toronto (City) v. Ontario (Attorney General) held that the Province of Ontario’s decision to reduce the number of Toronto ... [more]

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Two’s Company; Three’s A Crowd – Competition Tribunal Okays Vancouver Airport Authority’s Ability to Limit Number of In-Flight Caterers

The Canadian Competition Tribunal released a summary of its decision in The Commissioner of Competition ... [more]

Competition Bureau Seeks Intel on Anti-Competitive Conduct in the Digital Economy

Canada’s Competition Bureau has put out a call for information on alleged anti-competitive conduct in ... [more]

Not Disclosing Additional Fees Triggers $4.5 Million Fine for Ticketmaster

Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have settled the lawsuit brought ... [more]

Open Courts Principle Trumps Speculative Concerns Over Physical Harm

In the case of Donovan v. The Estate of Bernard Sherman et al., Ontario’s Court ... [more]
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