Limitation Periods: Claims Against Insurers When You Don’t Know What Hit You
When an unidentified driver causes an accident, there may be no way to secure compensation for an injury, as the driver and the driver’s insurer may never be identified. This gap in coverage is addressed through mandatory uninsured/unidentified motorist coverage under s. 265 of the Insurance Act and optional OPCF-44R family protection coverage, both of which provide coverage in these circumstances. Writing for a unanimous three judge panel of the Ontario Court of Appeal in Rooplal v Fodor, 2021 ONCA 357, Justice Thorburn clarified the current state of the law on limitation periods in the context of suing insurers for ... [more] Full article
Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to ... [more] Full article
Amendments to the Rules of Civil Procedure bring overdue modernization to Ontario courts
When it comes to the courts and COVID-19, necessity has definitely been the mother of invention. Same thing for litigation practice generally. Over the past nine months the pandemic has ... [more] Full article
Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
Shareholders of a corporation do not have a personal cause of action for wrongs committed against the corporation – such is the well-known rule in Foss v Harbottle. However, in ... [more] Full article
- Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action
- Joint E-Hearings Task Force releases Best Practices for Remote Hearings
- A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light
- Ontario’s top court refuses to enforce judgment against Antigua and Barbuda
Civil Litigation Contributors
Michael Binetti
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.”
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.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
