Class action waiver upheld in competition case
In a recent decision, the Federal Court of Canada enforced a class action waiver and an arbitration clause in a private action under section 36 of the Competition Act.[1] The decision is significant because it clearly states two important principles: Class action waivers will be enforced unless they are contrary to statute Claims alleging breaches of the Competition Act are arbitrable In 2009, disgruntled Amway "independent business owner" ("IBO"), or dealer, Kerry Murphy and his wife Cheryl Rhodes commenced a proposed class action against Amway in the Federal Court. They alleged that Amway's business model contravened the rules for multi-level ... [more]
Indirect Purchaser Cases to be Heard by Supreme Court
International arbitrations get deference on merits but not jurisdiction
The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more]
Joint Venture Decision Criminal, Alberta Court Says
An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business. [more]
A Whale of a Fight!
A recent decision from the Ontario Superior Court pits Marineland against Seaworld in a battle of contractual interpretation and the application of foreign law for possession of Ikaika, a killer whale. Ikaika was born in Orlando, Florida in 2002, but since 2006 has been residing in the Marineland facilities in Niagara Falls, Ontario, subject to a Breeding Loan Agreement. In December 2010, Seaworld gave written notice that they wanted their whale back. Marineland refused, so Seaworld launched an application seeking immediate possession. [more]
Contributors
Michael Binetti
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.”
Adam Casey
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.
- Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
Kenneth A. Dekker
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.
Meredith Hayward
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.
John Rook
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.
Ardita Sinojmeri
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.
- Advisor’s Costly Conflict: Court Upholds OSC's $500K Penalty and Industry Ban against Advisor who inherited from elderly client
- The Ontario Court of Appeal Confirms: Independent Contractors Have a Duty to Mitigate
- Superior Court clarifies that unmet shareholder expectations do not always amount to oppression
Christopher Somerville
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.
David N. Vaillancourt
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.
- Administrative Law (RSS) (23)
- Constitutional Law (RSS) (13)
- Municipal Law (RSS) (6)
- Political & Elections Law (RSS) (5)
- Announcements (RSS) (92)
- Canadian Law (RSS) (7)
- Canadian Law Whitepapers (RSS) (3)
- Case Summaries (RSS) (4)
- Commercial Litigation (RSS) (297)
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (20)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (54)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (11)
- Debtor-Creditor and Banking Litigation (RSS) (11)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (39)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (32)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (20)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (3)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (74)
- Securities Regulatory (RSS) (13)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (12)
- Competition Law (RSS) (292)
- Abuse of Dominance (RSS) (11)
- Advice and Opinions (RSS) (2)
- Advice on Business Practices (RSS) (1)
- Anti-corruption (RSS) (10)
- CASL / Anti-Spam (RSS) (6)
- Civil Anti-Competitive Conduct (RSS) (26)
- Class Actions and Other Private Actions (RSS) (46)
- Competition Bureau Investigations (RSS) (28)
- Competition Tribunal Litigation (RSS) (18)
- Compliance Programs (RSS) (1)
- Conspiracy (RSS) (43)
- Consumer Protection (RSS) (22)
- Criminal Matters (RSS) (47)
- Fines & Settlements (RSS) (14)
- Indirect purchasers (RSS) (7)
- Marketing Practices and Telemarketing (RSS) (48)
- Mergers (RSS) (68)
- Private Actions (RSS) (12)
- Private Applications (RSS) (9)
- Developments (RSS) (215)
- In The Media (RSS) (32)
- Insurance Coverage Litigation (RSS) (4)
- Lawyer-Client Privilege (RSS) (1)
- Real Estate Litigation (RSS) (1)
- Uncategorized (RSS) (3)
- Year in Review / The Litigator (Print Edition) (RSS) (26)
