The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Court of Appeal Blurs Boundaries in Forum Selection Case

A recent decision from the Ontario Court of Appeal has international arbitrators scratching their heads as non-contracting parties to a dispute based largely in Ontario are sent to arbitration in Germany. The majority decision of Brown J.A. is notable for the fact that it runs contrary to long-standing principles of both conflict law and the law of arbitration. The dispute in Novatrax International Inc. v. Hägele Landtechnik GmbH concerned the breach of an exclusive sales agreement to sell industrial reversible fans from Germany in the North American market. The agreement contained a hybrid forum selection and arbitration clause whereby the ... [more] Full article

Ontario: an arbitration-friendly jurisdiction, Court of Appeal confirms

Ontario remains an arbitration-friendly jurisdiction, the Ontario Court of Appeal has confirmed in its recent decision in Haas v. Gunasekaram. In overturning a motion judge’s refusal to stay proceedings under ... [more] Full article

Demons for Negotiators

[ As originally published in The Lawyers Weekly, April 01, 2016 ] In a legal climate that relies with growing frequency on alternative dispute resolution, a lawyer’s negotiating skills are ... [more] Full article

Shotgun Clause Robs Shareholders of $750k

The BC Court of Appeal has upheld an arbitrator’s finding that triggering a shotgun clause terminated the selling parties’ interest in a joint venture, thereby eliminating their entitlement to an ... [more] Full article


Arbitration Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) 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. With more than two decades of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

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The Hon. David C. Dingwall, P.C., Q.C., ICD.D

The Hon. David C. Dingwall, P.C., Q.C., ICD.D

Affleck Greene McMurtry LLP

Distinguished Visiting Professor, Ted Rogers School of Management, Ryerson University and Host of the Ryerson Negotiation Project; David is highly regarded for his substantial, in-depth experience in both the private and public sectors, at both the national and international level. He has engaged in business activities throughout Canada and the United States, as well as Australia, China, Japan, Sweden, Israel, Thailand, the United Arab Emirates, and Barbados, to name but a few.

Contributor's Profile

Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

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.

Contributor's Profile

Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne Hooper has recently joined Affleck Greene McMurtry LLP and intends to concentrate her skills in various areas of Civil Litigation and Competition Law. Daphne articled with Affleck Greene McMurtry LLP and has become a valued member of the team.

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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael leads Affleck Greene McMurtry LLP's competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.

Contributor's Profile

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