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

Court of Appeal Confirms No Duty to Disclose Beneficiary Changes

Christopher Somerville

If a client asks their investment dealer to change their account beneficiary, does the dealer need to tell the beneficiary? Firms will be relieved by the Ontario Court of Appeal’s decision in Fair v. BMO Nesbitt Burns Inc., 2022 ONCA 711, which confirmed the answer is no (with some qualifications). In this case, the client Lloyd Fair changed the beneficiary on his TFSA and RIF account from his wife Anne to his children from an earlier marriage. He did not tell Anne, who held other accounts in her own name at BMO naming Lloyd as beneficiary. BMO also did not ... [more]

Superior Court clarifies that unmet shareholder expectations do not always amount to oppression

In Darvish-Kazem v Pazkaz Enterprises Inc, 2022 ONSC 1667, Justice E.M. Morgan of the Ontario Superior Court of Justice issued a friendly reminder pertaining to the OBCA’s s. 248 oppression ... [more]

Ontario’s top court rejects retroactive application of Insurance Act amendment to claim arising from cannabis-caused fire

The Ontario Court of Appeal recently provided clarification about the application of an amendment to the Insurance Act, in particular a provision that came into force in 2018 to limit ... [more]

Superior Court refuses leave to securities class action based on the difference between “Material Facts” and “Material Changes”

In a recent decision declining to grant leave under Part XXIII.1 of the Securities Act to proceed with a proposed class action on behalf of purchasers of securities on the ... [more]

Ontario’s top court reinstates securities class action against Cannabis company

In Reasons released on September 26 in Badeesha v. Cronos Group Inc., the Court of Appeal for Ontario unanimously overturned a decision refusing to grant leave to proceed with a ... [more]


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MFDA and IIROC Members vote to amalgamate and form “New SRO”

In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association ... [more]

Supreme Court of Canada clarifies courts have an obligation to follow decisions of courts at the same level in most cases

The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) ... [more]

Where’s the beef? Class action alleges price-fixing, restricting supply

A Quebec class action is being brought against four beef companies that are alleged to ... [more]

Court of Appeal for Ontario to resume In-Person Hearings

Yesterday, the Court of Appeal for Ontario announced that  it will begin hearing appeals and ... [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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Jeremy Brodeur, Articling Student

Jeremy Brodeur, Articling Student

Affleck Greene McMurtry LLP

Jeremy joins AGM from the University of Ottawa Faculty of Law, where he was involved in the law student union and competitive mooting. During law school, Jeremy and his team reached the semi-final round of the Vis Moot, ranking near the top of 385 law schools in the global competition. Jeremy looks forward to putting his passion for advocacy into practice at AGM.

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Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.

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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 ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

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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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Ardita Sinojmeri

Ardita Sinojmeri

Affleck Greene McMurtry LLP

Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law.

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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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