Appeal court allows patent conspiracy allegations to proceed
On June 14, the Federal Court of Appeal reversed a decision of the Federal Court that struck out a claim by Apotex Inc. that an assignment of a patent by Shionogi & Co. Ltd. to Eli Lilly and Company was a conspiracy to limit competition unduly contrary to s. 45 of the Competition Act.[1] Apotex raised the claim as part of its defence and counterclaim in a patent infringement action started by Eli Lilly and Shionogi in 1997. Eli Lilly and Shionogi claim that Apotex breached their patents over certain intermediates used to make the antibiotic Cefaclor. Apotex had earlier ... [more]
Competition Tribunal orders sale of landfill (again); CWS appeals (again)
Canadian Waste Services has appealed the latest Tribunal decision in its long-running merger case to the Federal Court of Appeal. On June 28, 2004, the Competition Tribunal rejected CWS "change of circumstances" application that sought to rescind the Tribunal’s October 2001, order that it sell the Ridge landfill. The Tribunal made that order after concluding that CWS’ acquisition of the Ridge would substantially lessen and prevent competition. [more]
Withdrawing a bid not “bid-rigging”, court finds
3Com wins nearly US$10 million in two grey marketing fraud cases
3Com, a manufacturer of computer networking equipment and voice over IP telephones, won a total of US$9.9 million in damages in two recent Ontario decisions. On April 29, 2004, Mr Justice Juriansz awarded 3Com US$6.5 in damages against re-seller Zorin International Corp. and its principals, Sam Marotta and Domenic Sicilia for deceit. Earlier, on March 19, 2004, Madam Justice Lang awarded 3Com US$3.4 million in damages against re-seller Intelligent Decisions Inc. (IDI). These are believed to be the largest damage awards ever in grey marketing fraud cases in North America. [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.
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