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

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 to post stickers on gas pumps that read “The Federal carbon tax will cost you.” Failure to post the stickers would trigger substantial penalties on gasoline retailers. The Canadian Civil Liberties Association (CCLA) brought an application to strike-down the legislation, styled the Federal Carbon Tax Transparency Act, 2019. The CCLA argued that the legislation amounted to compelled speech contrary to freedom of speech enshrined in section 2(b) of the Canadian Charter ... [more] Full article

Ontario Court of Appeal sets aside $20 million Charter damages award in solitary confinement class action

Recently, the Court of Appeal for Ontario set aside a $20 million damages award against the Federal government for “additional mental health or program resources for structural changes to penal ... [more] Full article

Supreme Court to rule on whether Ontario had power to cut number of Toronto councillors mid-election

The Supreme Court of Canada has granted leave to appeal the decision of the Court of Appeal for Ontario in the case of City of Toronto v. Attorney General of ... [more] Full article

Ontario Proposes New Animal Welfare Bill to Replace OSPCA Act

The Ontario Government is currently considering Bill 136: An Act to enact the Provincial Animal Welfare Services Act, 2019 and make consequential amendments with respect to animal protection (the “Bill”). ... [more] Full article


Constitutional Law Contributors

Karen Bernofsky

Karen Bernofsky

Affleck Greene McMurtry LLP

Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.

Contributor's Profile

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

Alyssa Hall

Alyssa Hall

Affleck Greene McMurtry LLP

Alyssa’s growing practice encompasses a broad spectrum of litigation matters including corporate commercial disputes, employment matters, class actions, and competition law. She continues to develop a wide-ranging litigation practice. Prior to becoming a lawyer, Alyssa became dedicated to understanding the intersection of public and private sector interests while working for a public policy centre and a non-profit organization that remains focused on raising investor awareness for Ontario’s advanced manufacturing industry.

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