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

Can an opinion be a misrepresentation? It depends on what you include in it. How misrepresentations made in opinions are treated under s. 138.3 of the Securities Act.

In a decision released on October 9, 2019 in DALI Local 675 Pension Fund (Trustees) v. Barrick Gold, 2019 ONSC 4160 (“DALI”) Justice Belobaba of the Ontario Superior Court considered whether investors in a gold mine in Chile could be granted leave to start a class action against prominent Canadian gold company, Barrick Gold, under s.138.8 of the Securities Act. In doing so, the Court not only addressed the test for being granted leave to proceed under with a secondary market investor loss claim under the Securities Act, but also considered for the first time in Canada the distinction between ... [more] Full article

Supreme Court Class Action Decision In Godfrey

The Supreme Court of Canada released its judgment today in the price-fixing class action, Pioneer Corp. v. Godfrey, 2019 SCC 42.  The Court held: Limitations The discoverability rule applies to ... [more] Full article

Key Recommendations from the Law Commission of Ontario Report on Class Actions

Ontario’s Class Proceedings Act, 1992 was introduced almost 30 years ago. Since then, class actions in Canada have expanded in volume and impact. The Law Commission of Ontario is an ... [more] Full article

Class Action Lawsuit Against Casino Rama Fails Certification

The Ontario Superior Court of Justice has denied certification of the proposed class in a breach of privacy class action, which arose out of a cyber-attack against Casino Rama in November 2016. Justice Belobaba held that “the certification collapses in its entirety” as a result of the absence of commonality between the proposed class members, in accordance with s.5(1)(c) Class Proceedings Act. [more] Full article


Class Actions 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.

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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.

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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

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

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.

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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.

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Kyle Taylor

Kyle Taylor

Affleck Greene McMurtry LLP

Kyle Taylor is an experienced competition and commercial litigator. He has built a distinctly diverse practise, representing both plaintiffs and defendants in cutting edge competition cases and class actions, as well as all manner of business disputes, including corporate, contract, securities, fraud and malfeasance, real estate, and international litigation. Having practised for many years in New York, Kyle is rare among litigators to combine expertise in American litigation with a Canadian litigation practise. He has experience in major jurisdictions in both countries, including state, provincial, federal, and appellate courts. The breadth and versatility of his practise uniquely benefit clients from either side of the border, no matter the case or what side of the “v.” they appear. Kyle started his legal career as a law clerk for U.S. District Court Judge Joseph L. Tauro of the District of Massachusetts. Before joining Affleck Greene McMurtry, Kyle practised in the New York office of the global litigation firm Quinn Emanuel Urquhart & Sullivan. At Quinn Emanuel, Kyle represented Fortune 500 companies and individuals alike in competition cases, class actions, and a variety of commercial disputes.

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Annie Tayyab

Annie Tayyab

Affleck Greene McMurtry LLP

Annie Tayyab skillfully navigates a wide range of competition and commercial matters. Her experience includes multi-jurisdictional class actions, complex contractual disputes, competition law, shareholder disputes, regulatory proceedings, consumer protection, commercial leasing, condominium legislation, and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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Pavan Trivedi

Pavan Trivedi

Affleck Greene McMurtry LLP

Pavan Trivedi is AGM’s Summer Student, currently entering his final year of Law School at the London Metropolitan University in London, England, UK. Pavan has commercial litigation experience from various internships, placements and positions within large and boutique firms in both London and Toronto. He received 1st class Honours in Year 1 and 2 and consistently had the highest distinction average in Law with a cumulative GPA of 4.0. He was voted Vice-Chairman of the London Mansfield Law Society and Senior Counsel Mooting Champion in the LLB London Final.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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