court of appeal

Buy, sell or hold: the duty to mitigate

Harry McMurtry
Affleck Greene McMurtry LLP October 18th, 2005

In two recent cases,[1] the Court of Appeal for Ontario clarified the extent of an investor’s duty to mitigate when a stockbroker fails to follow instructions. As the breach relates ... [more] Full article

Shareholder/director not liable for “presumptive benefit” or “duty to explain”

W. Michael G. Osborne
Affleck Greene McMurtry LLP October 18th, 2005

Major shareholders and directors of corporation are not liable for torts of the corporation because they “presumptively benefit” from those torts, or because of a duty to be aware of, ... [more] Full article

Law firm must return fees earned by faithless fiduciary

W. Michael G. Osborne
Affleck Greene McMurtry LLP October 18th, 2005

There is a new development in the saga of Monarch Entertainment, Robert Strother and Davis & Company. Strother’s former law firm, Davis & Company, has been ordered by the British ... [more] Full article

“But for” is not enough

US appeal court finds it has no jurisdiction in Empagran case

W. Michael G. Osborne
Affleck Greene McMurtry LLP July 13th, 2005

The US Court of Appeals for the District of Columbia has rejected the latest attempt by foreign plaintiffs to sue in the US for injury caused outside of the US ... [more] Full article