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

Supreme Court of Canada restores dismissal of $50 million auditor’s negligence claim due to expired limitation period

Kenneth A. Dekker

In a unanimous decision released this morning in Grant Thornton LLP v. New Brunswick, the Supreme Court of Canada restored a judgment of the New Brunswick Queen’s Bench that dismissed as statute-barred a $50 million claim brought by New Brunswick against accounting firm, Grant Thornton LLP. The claim stemmed from a loan guarantee that was given by the Province of New Brunswick that allowed the Atcon Group of Companies (“Atcon”) — a New Brunswick-based provider of construction, energy, industrial and waste management services – to borrow $50 million from the Bank of Nova Scotia in 2009. On April 24, 2009, ... [more]

Supreme Court of Canada confirms that Releases are interpreted just like any other contract

In a decision released today, July 23, 2021, in Corner Brook (City) v. Bailey, a unanimous Supreme Court of Canada overturned a decision of the Court of Appeal for Newfoundland and ... [more]

Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith

In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to ... [more]

Banks Do Not Owe A General Duty Of Care To A Customer To Prevent “Insider Abuse”

TD bank successfully defended an action brought against it by a customer in a Ponzi scheme case in McDonald and Dickson v. TD Bank, 2021 ONSC 3872. The result came ... [more]

Ontario limits on third party pre-election spending unconstitutional

In Working Families Ontario v. Ontario, Justice E.M. Morgan of the Ontario Superior Court of Justice found that Ontario’s amendments to the Ontario Election Finances Act (“EFA”) to impose, for ... [more]


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IIROC and MFDA to be Merged into Single Self-Regulatory Organization

Earlier this week, the Canadian Securities Administrators (CSA) announced that Canada’s two pre-eminent investment industry ... [more]

Zoom Bombing of an Ontario Trial Shows the Need for Caution When Conducting Hearings Online

Over the course of almost a year of Covid-19, Ontario’s court system has made a ... [more]

Directors Fined Personally in FlightHub DRIP Pricing Settlement

In our Competition Law Year In Review 2019, we reported on Canada’s Competition Bureau’s interim ... [more]

Bogus trial offer scheme lands business $15 million fine

A Canadian Competition Bureau investigation concluded that Revive You Media operated a subscription trap scam. ... [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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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 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.

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Alyssa Hall

Alyssa Hall

Affleck Greene McMurtry LLP

Alyssa’s growing practice encompasses a broad spectrum of litigation matters including corporate commercial disputes, employment matters, class actions, and competition law. She continues to develop a wide-ranging litigation practice. Prior to becoming a lawyer, Alyssa became dedicated to understanding the intersection of public and private sector interests while working for a public policy centre and a non-profit organization that remains focused on raising investor awareness for Ontario’s advanced manufacturing industry.

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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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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

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.

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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. A fierce advocate for clients, Kyle has a proven ability to approach client issues in a strategic manner, always balancing their business and commercial interests with their legal rights. Kyle's clients benefit from his experience in business and politics, and appreciate his common sense and results-driven style.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

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.

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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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