The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

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

Has the OSC’s “special treatment” by appeal courts come to an end?

Appeals are usually an uphill battle for the party that loses at trial, but for more than two decades the hill has been even steeper for losing parties before the Ontario Securities Commission (OSC) and other securities commissions. Traditionally, appellants from OSC and other securities tribunal decisions have had little to no success.  However, the extreme level of deference of appeal courts to OSC decisions may be coming to an end, thanks to the 2019 Supreme Court of Canada (SCC) decision in Minister of Citizenship and Immigration v. Vavilov and the Ontario Divisional Court decision this past July in Quadrexx ... [more] Full article

Ontario Government Can’t Force Gas Stations to Post Anti-Carbon Tax Stickers

The Ontario government disagreed with the Federal government’s decision to impose a fuel charge to combat climate change. To show its displeasure, the Province passed legislation that required gasoline retailers ... [more] Full article

Nothing wrong with cutting number of Toronto City Councillors during election campaign: Court of Appeal

In a 3-2 decision, the Court of Appeal for Ontario in Toronto (City) v. Ontario (Attorney General) held that the Province of Ontario’s decision to reduce the number of Toronto ... [more] Full article

Legal Systems in Canada: Overview

The Canada Chapter of Legal Systems Global Guide was authored by Christopher Somerville and Wendy Sun, Affleck Greene McMurtry LLP. [more] Full article


Administrative Law 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.”

Contributor's Profile

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 recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

Contributor's Profile

Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris Somerville has a record of diligent and resourceful advocacy in a wide range of cases. His experience and skills cover commercial and civil litigation in general, and securities litigation, administrative law, and employment disputes in particular.

Contributor's Profile