Contributor's Archive

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Ken 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 25 years, 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 Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken has also represented and advised clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA), both of which are now known as the Canadian Investment Regulatory Organization (CIRO). Ken has also represented clients before the Ontario Securities Commission (OSC), the Financial Planning Canada Standards Council (FPCSC), and the CPA Ontario Tribunal. Ken has been ranked for Corporate and Commercial Litigation by Best Lawyers of Canada, for Securities Litigation by Lexpert, and he has been given the highest available rating of AV, or pre-eminent, by his peers on "Martindale-Hubbell."

Contributor's Profile

Whose book of business is it, anyway? Confusion reigns on ‘ownership’ of investment firm client lists

Kenneth A. Dekker
Affleck Greene McMurtry LLP November 22nd, 2007

There are few, if any, legal issues affecting the investment industry that are more cloudy and less certain than whether investment firm clients belong to the investment advisor or to the investment firm. And there are arguably few issues more important. This question has been the subject of several widely divergent – and even confusing - court decisions on the issue over the past few years. [more] Full article

Commercial Litigation Update – November 2007

Kenneth A. Dekker
Affleck Greene McMurtry LLP November 1st, 2007

CONTRIBUTORS: KEN DEKKER, MICHAEL OSBORNE, MICHAEL BINETTI,ADAM WYGODNY,AND HOOMAN ZARGARZADEH CANADA’S TOP COURT DISMISSES SHAREHOLDER CLASS ACTION AGAINST DANIER LEATHER In October, Canada’s Supreme Court upheld the Ontario Court of ... [more] Full article

Canada’s top court dismisses shareholder class action against Danier Leather but rejects Business Judgment Rule as a defence in securities cases

Kenneth A. Dekker
Affleck Greene McMurtry LLP October 17th, 2007

Canada’s Supreme Court upheld the dismissal of Canada’s first-ever securities class action judgment in favour of investors relating to alleged misrepresentations on an initial public offering. [more] Full article

Cable company liable for inducing breach of contract

Kenneth A. Dekker
Affleck Greene McMurtry LLP May 14th, 2007

Ontario’s Court of Appeal upheld the trial decision in Drouillard v. Cogeco Cable Canada Inc. that held large cable operator Cogeco Cable liable for telling a cable subcontractor, Mastec Canada, that it would not allow its employee, Mr. Drouillard, to work on Cogeco equipment. [more] Full article

Defence counsel removed for deliberate use of privileged documents

Kenneth A. Dekker
Affleck Greene McMurtry LLP November 15th, 2006

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