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

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

SCC agrees to hear appeal in another contractual good faith case

In a decision released on July 18, 2019, Canada’s top court granted leave to appeal in yet another case involving the controversial and sometimes nebulous concept of good faith in ... [more] Full article

Canada’s top court to hear contract good faith case

Last week, the Supreme Court of Canada agreed to hear an appeal from the decision of the Court of Appeal for Ontario in the CM Callow Inc. v. Zollinger case ... [more] Full article

Potential Plaintiffs Cannot Force IIROC to Give Up Information about Potential Defendants

In Harrington Global Opportunities Fund S.A.R.I. and Harrington Global Inc. (“Harrington”) v. Investment Industry Regulatory Organization of Canada (“IIROC”), Justice Perell largely foreclosed the possibility of wronged investors obtaining a Norwich Order in order to get information and documentation from IIROC prior to initiating an action. [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

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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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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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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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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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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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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