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

Ontario’s top Court dismisses class action against auditor

In its unanimous decision in Lavender v. Miller Bernstein LLP released on September 5, 2018, the Court of Appeal for Ontario made it clear that notwithstanding the liability imposed by the Supreme Court of Canada (“SCC”) in the recent auditor’s negligence case of Livent v. Deloitte & Touche, the reasoning of the SCC in Livent will make it rare for an auditor on a limited retainer to be held liable to anyone other than its audit client, such as investors, clients or other stakeholders of the audit client. In Lavender, the Court of Appeal heard an appeal from Mr. Justice Belobaba’s summary judgment ... [more] Full article

Ontario’s Top Court considers Anti-SLAPP legislation in a series of cases

The Ontario Court of Appeal recently released a handful of new opinions about the application of Ontario’s Anti-SLAPP legislation. The Protection of Public Participation Act, 2015 came into force in late 2015, but these decisions are the first time that the Court of Appeal has had a chance to address the new laws. [more] Full article

Law firm denied lien against its own client for legal fees

In the case of Weenen v. Biadi, the Ontario Court of Appeal was faced with a request from the law firm of a successful plaintiff that its outstanding legal fees ... [more] Full article

Court of Appeal upholds stay of secondary market misrepresentation claim on jurisdictional grounds

The Court of Appeal recently upheld the stay of a proposed shareholder class action for lack of jurisdiction. The appellant, Wai Kin Yip, brought a claim for secondary market misrepresentation ... [more] Full article


Developments

Supreme Court of Canada to hear landmark auditor’s liability case

Today, on June 9, 2016, the Supreme Court of Canada granted former Livent auditor, Deloitte ... [more]

Justice Brown Reins in Post-Discovery Summary Judgment Motions

In his recent Endorsement in 1318214 Ontario Limited v. Sobeys Capital Incorporated (2012 ONSC 2784), ... [more]
More Developments

Commercial Litigation Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

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.”

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Fiona Campbell

Fiona Campbell

Affleck Greene McMurtry LLP

Fiona Campbell is a highly valued member of Affleck Greene McMurtry's litigation team. She is an experienced advocate offering strong skills and knowledge in the areas of commercial litigation, competition, securities and insurance law.

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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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Peter R. Greene

Peter R. Greene

Affleck Greene McMurtry LLP

Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels. Peter acts as counsel for insurance companies on professional liability, E&O claims, Director's and Officer's liability, and surety, fidelity and dishonesty bond claims. He has particular expertise in securities litigation and Regulatory Hearing, and has acted for Canada's largest investment firms. He regularly acts as defence counsel in large Class Actions before the courts in Ontario, and before national and provincial Regulatory agencies, boards and tribunals. Peter is regularly involved in large product liability and construction contract cases involving Construction Liens or Surety Bonds.

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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.

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Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne represents clients in a broad range of commercial matters and is a valued member of the firm’s competition law practice group. Her experience includes complex contractual disputes, multi-jurisdictional class actions, employment matters and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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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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Jacob Millar

Jacob Millar

Affleck Greene McMurtry LLP

Jacob Millar joins Affleck Greene McMurtry LLP as an Articling Student.

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Kyle J. Peterson*

Kyle J. Peterson*

Affleck Greene McMurtry LLP

Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes. A fierce advocate for clients, Kyle has a proven ability to approach client issues in a strategic manner, always balancing their business and commercial interests with their legal rights. Kyle's clients benefit from his experience in business and politics, and appreciate his common sense and results-driven style. * Presently on leave of absence from the Firm. Kyle Peterson was elected as a Member of the House of Commons of the Canadian Parliament in the 2015 Canadian Federal Election.

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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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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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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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