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

Maple Approval Leaves Canada with Regulated Monopoly Stock Exchange

In a surprise move, the Competition Bureau cleared the Maple Group's bid to acquire TMX Group, Alpha Group, and Canadian Depository Services on July 4, 2012. On the same day, the OSC issued a recognition order regulating the Maple Group. These approvals leave Canada with one stock exchange that will operate as a regulated monopoly. [more] Full article

Raising the AMPerage

The Spread of Administrative Monetary Penalties in Canada

AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions. [more] Full article

Are Lobbyists Citizens?

“Clarifications” from Lobbying Commissioner may prevent lobbyists from being members of political parties

“Clarifications” from Canadian Lobbying Commissioner may prevent lobbyists from being members of political parties. On August 23, 2010, the Commissioner of Lobbying of Canada Karen Shepherd issued “clarifications” on when political activities by lobbyists create a conflict of interest. Unfortunately, these clarifications lack specifics and the Commissioner’s restrictions on political activities by lobbyists remain too broad. Indeed, they may bar some lobbyists from joining political parties. [more] Full article


Administrative Law Contributors

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

Stephanie Gabor (Former Articling Student)

Stephanie Gabor (Former Articling Student)

Affleck Greene McMurtry LLP

Stephanie Gabor formerly an Articling Student with Affleck Greene McMurtry LLP

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