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

Contributor's Archive

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.

Contributor's Profile

OSC announces “no-contest” settlement program

The Ontario Securities Commission decided it will now settle enforcement proceedings in some cases without requiring admissions of fault (announced on March 11, 2014). This changes the OSC’s prior practice of generally requiring parties subject to enforcement to openly admit ... [more] Full article

“Green” Light for Class Actions? Court of Appeal Overturns Sharma v. Timminco

Securities class actions have come full circle. Two years ago, a “thunderbolt” decision from the Ontario Court of Appeal barred class actions for secondary market misrepresentation under the Ontario Securities Act unless the plaintiffs won the ... [more] Full article

Reasonable Limitation: Supreme Court defers to BC Securities Commission

A recent Supreme Court decision showed the power of provincial securities commissions. In McLean v. British Columbia (Securities Commission) (2013 SCC 67, available here), McLean challenged the BC Securities Commission’s 2010 decision ... [more] Full article

New Life for a National Securities Regulator?

On Thursday, September 19, the Canadian government announced a new plan for national securities regulation. So far, it has the support of just two provincial governments, Ontario and British Columbia, but the plan invites all other provinces and territories to sign on. Quebec and Alberta defeated the last federal attempt to create a national regulator, which the Supreme Court deemed unconstitutional in the Securities Reference (2011 SCC 66). But the new plan differs in two important ways. First, there will be no federal law regulating the securities industry in general. Instead, that will be regulated by uniform provincial laws to be adopted by participating provinces. Second, the federal law will deal with criminal provisions, national data collection, and systemic risk in the financial sector, areas the Securities Reference either did not contest or specifically viewed as proper candidates for federal legislation. [more] Full article

Beware the bright line: class action put lawyers in conflict of interest

On July 5, the Supreme Court upheld its strict test for preventing conflicts of interest in the legal profession. The appellant, Canadian National Railway (CN), was a client of the respondent law firm, McKercher LLP. Then McKercher agreed to represent the plaintiff in Wallace v. Canadian National Railway, a class action against CN and other defendants for potentially $1.75 billion. CN alleged a conflict of interest and applied to remove McKercher as lawyers for the proposed class. Writing for the Court, Chief Justice McLachlin agreed that McKercher crossed the well-entrenched “bright line rule” by acting against a current client without its consent. But she did not decide whether to remove McKercher, since she recast the legal test for that remedy and sent the question back to the court of first instance for reconsideration. [more] Full article