Aldo can sue MasterCard in Ontario, court rules
A choice of forum clause will generally not be enforced against a non-party to the contract containing the clause, the Ontario Court of Appeal held in a recent decision arising in the context of credit card payment systems. Aldo (a shoe retailer) sued MasterCard International in tort to recover US$4.87 million that was debited by its payment processor, Moneris, to reimburse certain banks for assessments made by MasterCard International. MasterCard made the assessments after taking the position that Aldo was responsible for a cybercrime attack on its systems because it failed to comply with its data security obligations. Aldo also ... [more] Full article
Canada ratifies ICSID, Finally
On November 1, Canada ratified the World Bank’s ICSID Convention by depositing its “Instrument of Ratification” with the ICSID. In doing so, Canada is the last G8 member to ratify ... [more] Full article
Table Manners – Recipes for Negotiators: #2 The Mandate
Another integral aspect of the negotiating process is the mandate. Legal counsel as well as other individuals, often represent clients either as an individual or in a larger groups. Your mandate, or lack of mandate, can be crucial to your success, failure or to prolonging the negotiating process indefinitely. [more] Full article
Table Manners – Recipes for Negotiators
The legendary basketball coach, John Wooden, once said: “A failure to prepare is preparing to fail.” The same can be said of the negotiator. Preparation is another crucial determinant of the negotiating process. [more] Full article
Arbitration Contributors
Kenneth A. Dekker
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 ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Meredith Hayward
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.
