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

Class action business as usual after SCC decisions

It’s business as usual for class actions after Canada’s Supreme Court issued a trilogy of decisions holding that so-called indirect purchasers can sue for damages caused by price fixing, and that whether indirect purchasers suffered harm can be certified as a common issue in a class action so long as the plaintiffs demonstrate a methodology capable of showing that price fixing overcharges were passed on to the indirect purchaser level. Indirect purchasers and the passing on problem Direct purchasers are purchasers who buy directly from the participants in a price fixing conspiracy. They pay more for the product than they ... [more]

Canada ratifies ICSID, Finally

On November 1, Canada ratified the World Bank’s ICSID Convention by depositing its “Instrument of Ratification” with the ICSID.  In doing so, Canada is the last G8 member to ratify ... [more]

Crane Rental Operater Hoisted by Restrictive Covenants

Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give ... [more]

Priceless: Competition case against Visa and MasterCard dismissed

The Competition Tribunal recently held that Visa and MasterCard’s rules do not constitute resale price maintenance, because their product, credit card network services, is not resold by their customers (known as ... [more]

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]


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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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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John Rook

John Rook

Affleck Greene McMurtry LLP

John F. Rook, KC, is a senior Canadian litigation lawyer with over 50 years of experience in competition law, commercial disputes, and administrative law. He is recognized as a leading competition litigator and has appeared before Canada’s Supreme Court and key tribunals.

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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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