Karen Bernofsky

Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.

Contributor's Profile

• Potential Plaintiffs Cannot Force IIROC to Give Up Information about Potential Defendants
• Big Changes Coming for “Financial Planners” and “Financial Advisors”

Michael Binetti

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.”

Contributor's Profile

• Open Courts Principle Trumps Speculative Concerns Over Physical Harm
• Fake Discount Case Settled Against Hudson's Bay Company
• Condo Developer's Early Termination Provision Upheld: Lack of Financing Options Enough Reason to Terminate Sales Agreements

43 More Posts

Kenneth A. Dekker

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 recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

Contributor's Profile

• SCC agrees to hear appeal in another contractual good faith case
• Canada's top court to hear contract good faith case
• It has gotten a lot harder to sue the Ontario government

45 More Posts

Peter R. Greene

Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels. Peter acts as counsel for insurance companies on professional liability, E&O claims, Director's and Officer's liability, and surety, fidelity and dishonesty bond claims. He has particular expertise in securities litigation and Regulatory Hearing, and has acted for Canada's largest investment firms. He regularly acts as defence counsel in large Class Actions before the courts in Ontario, and before national and provincial Regulatory agencies, boards and tribunals. Peter is regularly involved in large product liability and construction contract cases involving Construction Liens or Surety Bonds.

Contributor's Profile

• IIROC and MFDA Can Now Collect Fines in Court

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Meredith Hayward

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.

Contributor's Profile

• Ignorance Is Not Bliss: Market Registrants Beware
• Privacy law does not shield judgment debtors
• Ontario: an arbitration-friendly jurisdiction, Court of Appeal confirms

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Masiel A. Matus

Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.

Contributor's Profile

• Alberta court declines to certify class action alleging negligent performance of investment advisory services
• Court of Appeal upholds stay of secondary market misrepresentation claim on jurisdictional grounds
• Simply creating a website for a business is not unregistered trading or “an act in furtherance of a trade”, court rules

32 More Posts

Jacob Millar (Articling Student)

Jacob Millar joins Affleck Greene McMurtry LLP as an Articling Student.

Contributor's Profile

• Competition Bureau releases new Abuse of Dominance Enforcement guidelines March 7, 2019
• Superior Court sentences trader to six months incarceration for trading in Promissory Notes despite securities trading ban
• Ontario’s Top Court considers Anti-SLAPP legislation in a series of cases

Christopher Somerville

Chris Somerville has a record of diligent and resourceful advocacy in a wide range of cases. His experience and skills cover commercial and civil litigation in general, and securities litigation, administrative law, and employment disputes in particular.

Contributor's Profile

• Legal Systems in Canada: Overview
• Suing for unpaid legal fees (usually) not illegal, Divisional Court confirms
• Limitation periods still matter in broker/dealer cases, appeal shows

11 More Posts

Kyle Taylor

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. Having practised for many years in New York, Kyle is rare among litigators to combine expertise in American litigation with a Canadian litigation practise. He has experience in major jurisdictions in both countries, including state, provincial, federal, and appellate courts. The breadth and versatility of his practise uniquely benefit clients from either side of the border, no matter the case or what side of the “v.” they appear. Kyle started his legal career as a law clerk for U.S. District Court Judge Joseph L. Tauro of the District of Massachusetts. Before joining Affleck Greene McMurtry, Kyle practised in the New York office of the global litigation firm Quinn Emanuel Urquhart & Sullivan. At Quinn Emanuel, Kyle represented Fortune 500 companies and individuals alike in competition cases, class actions, and a variety of commercial disputes.

Contributor's Profile

• Court of Appeal Adds Banks to FX Price Fixing Class Action
• Effort To Examine Competition Bureau Runs Out Of Gas At Supreme Court
• RoRo Price Fixing Class Action Rolls On Against Foreign Defendants

Annie Tayyab

Annie Tayyab skillfully navigates a wide range of competition and 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.

Contributor's Profile

• Supreme Court Decides Businesses Cannot Be Part Of Class Action Where Arbitration Clause Exists
• WTO Rules Against Canada in Bombardier Dispute
• Last Call for TELUS: Canada’s Highest Court to Hear Appeal on Scope of Class Action

4 More Posts

Pavan Trivedi

Pavan Trivedi is AGM’s Summer Student, currently entering his final year of Law School at the London Metropolitan University in London, England, UK. Pavan has commercial litigation experience from various internships, placements and positions within large and boutique firms in both London and Toronto. He received 1st class Honours in Year 1 and 2 and consistently had the highest distinction average in Law with a cumulative GPA of 4.0. He was voted Vice-Chairman of the London Mansfield Law Society and Senior Counsel Mooting Champion in the LLB London Final.

Contributor's Profile

• Class Action Lawsuit Against Casino Rama Fails Certification

David N. Vaillancourt

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.

Contributor's Profile

• The Private Competition Enforcement Review, 11th Edition
• Court of Appeal Smokes Rescission Finding in Grow-Op Case
• Extinct Criminal Retail Price Maintenance Provisions Extract Fine from Beyond the Grave

21 More Posts