The Litigator

Litigator

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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

Suing for unpaid legal fees (usually) not illegal, Divisional Court confirms

For decades, Ontario lawyers suing to collect their accounts have sometimes faced an obscure but potentially devastating obstacle: the Solicitors Act (Ontario).[1] On its face, s. 23 of the Act seems to ban any action to collect fees from a retainer agreement even though s. 2 of the Act permits a court action to recover fees one month after an account is rendered. Worse, s. 17 seems to require that retainer agreements be reviewed and approved by an assessment officer before a litigation lawyer can receive payment. In most cases, however, neither clients nor the court raised these sections and collection actions proceeded to judgment. The Solicitors Act occasionally ... [more]

Dirty Diesel Done Dirt Cheap? VW Settles “Clean Diesel” Scandal

Volkswagen recently employed a quick settlement strategy to deal with the fallout from its admission, in September 2015, that it had installed software to cheat on emissions tests on 11 ... [more]

Court of Appeal Blurs Boundaries in Forum Selection Case

A recent decision from the Ontario Court of Appeal has international arbitrators scratching their heads as non-contracting parties to a dispute based largely in Ontario are sent to arbitration in ... [more]

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 ... [more]

Ebooks: 4 settlements and 1 application

Apple and ebook publishers Hachette, Macmillan, and Simon & Shuster have agreed to change how they sell ebooks to settle allegations that they entered into an anti-competitive agreement that reduced ... [more]


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Montreal Company Pleads Guilty to Deceptive Telemarketing

Thompson Hill Publishing, a telemarketing company based in Montreal, pleaded guilty to making false or misleading ... [more]

Self-Regulatory Organizations May Be able to collect fines in court

In its recently published Budget for 2017, the Ontario Government is proposing to allow self-regulatory organisations (SROs), such ... [more]

Mitsubishi Electric Auto Parts Fine Brings Total to $84M

Japanese auto parts manufacturer Mitsubishi Electric has been fined $13.4 million after pleading guilty to participating ... [more]

Another Efficient Acquisition: Chemtrade and Canexus

The Competition Bureau recently confirmed that it has issued a No Action Letter in the ... [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, 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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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) 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. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

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The Hon. David C. Dingwall, P.C., Q.C., ICD.D

The Hon. David C. Dingwall, P.C., Q.C., ICD.D

Affleck Greene McMurtry LLP

Distinguished Visiting Professor, Ted Rogers School of Management, Ryerson University and Host of the Ryerson Negotiation Project; David is highly regarded for his substantial, in-depth experience in both the private and public sectors, at both the national and international level. He has engaged in business activities throughout Canada and the United States, as well as Australia, China, Japan, Sweden, Israel, Thailand, the United Arab Emirates, and Barbados, to name but a few.

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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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Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne Hooper has recently joined Affleck Greene McMurtry LLP and intends to concentrate her skills in various areas of Civil Litigation and Competition Law. Daphne articled with Affleck Greene McMurtry LLP and has become a valued member of the team.

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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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Kyle J. Peterson*

Kyle J. Peterson*

Affleck Greene McMurtry LLP

Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes.       * Presently on leave of absence from the Firm. Kyle Peterson was elected as a Member of the House of Commons of the Canadian Parliament in the 2015 Canadian Federal Election.

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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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Kyle Taylor

Kyle Taylor

Affleck Greene McMurtry LLP

Kyle Taylor is an experienced competition and commercial litigator. He has built a distinctly diverse practise, representing both plaintiffs and defendants in cutting edge competition cases and class actions, as well as all manner of business disputes, including corporate, contract, securities, fraud and malfeasance, real estate, and international litigation.

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Annie Tayyab

Annie Tayyab

Affleck Greene McMurtry LLP

Annie Tayyab skillfully navigates a wide range of commercial matters. Her experience includes multi-jurisdictional class actions, complex contractual disputes, competition law, shareholder disputes, regulatory proceedings, consumer protection, commercial leasing, condominium legislation, and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David Vaillancourt, a partner of the firm, focuses his practice expertise on 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. He 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.

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