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
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
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
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
Ken 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 25 years, 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 Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken has also represented and advised clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA), both of which are now known as the Canadian Investment Regulatory Organization (CIRO). Ken has also represented clients before the Ontario Securities Commission (OSC), the Financial Planning Canada Standards Council (FPCSC), and the CPA Ontario Tribunal. Ken has been ranked for Corporate and Commercial Litigation by Best Lawyers of Canada, for Securities Litigation by Lexpert, and he has been given the highest available rating of AV, or pre-eminent, by his peers on "Martindale-Hubbell."
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.
Jeanette joins Affleck Greene McMurtry LLP from Osgoode Hall Law School. Throughout law school, she participated in various moots and was part of the oral advocacy club. During her education, she strived to assist entrepreneurs in the business law clinic. Prior to starting her articles, she gained experience conducting hearings for Small Claims Court matters. Jeanette looks forward to putting her business skills and passion for advocacy to use in the firm’s practice areas.
Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law. Chris has represented clients as lead counsel at the Ontario Superior Court of Justice, Court of Appeal for Ontario, and Ontario Securities Commission. Beyond Ontario courts and tribunals, Chris has advocated before the Canadian International Trade Tribunal, Canada Border Services Agency, and the Federal Court of Appeal. He is proud to have acted for national and international corporations, investment dealers and advisors, insurance companies, labour unions, charities, high-net-worth individuals, and working families. Chris is also honoured to be legal counsel for the Canadian Crime Stoppers Association and Ontario Association of Crime Stoppers. He has published on the subject of informer privilege in The Advocates’ Journal and has presented at the Canadian Institute’s Law of Policing Conference. Before private practice, Chris received the John Yaremko Award in Human Rights during law school at the University of Toronto. He also mooted in French at the Laskin constitutional and administrative law competition, and his team won First Place Pair and Second Place Factum.
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