The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

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

Archive for November, 2006


 

Lenders not liable for failing funds

If investors borrow money to invest in mutual funds, and the funds do not perform up to expectations, are the lending financial institutions on the hook? This question was the subject of the recent Court of Appeal decision in Baldwin et al. v. Daubrey et al. [more] Full article

When an expert is not really an expert

A recent Ontario Superior Court decision serves as a strong reminder that counsel should ensure that their expert witness is in fact an expert and not merely an advocate dressed up as an expert. [more] Full article

Defence counsel removed for deliberate use of privileged documents

It has not taken long for Ontario litigants to begin feeling the impact of the recent decision by Canada’s Supreme Court that protection of solicitor-client privilege required the removal of plaintiff’s counsel in Celanese Canada Inc. v. Murray Demolition. If there was any doubt as to the serious consequences that can flow from counsel’s receipt and review of an opposing party’s privileged documents, that doubt was surely erased for a defendant that was recently deprived of its counsel of choice at the beginning of trial. [more] Full article

Departing employees and the ongoing battle over investment firm clients

Competition is fierce among investment firms for top producing brokers and, more importantly, their books of business. Often this competition rears its head in the form of litigation against departing brokers and the new firms that employ them. [more] Full article