W. Michael G. Osborne
Affleck Greene McMurtry LLP December 5th, 2011

In a recent decision, the Federal Court of Canada enforced a class action waiver and an arbitration clause in a private action under section 36 of the Competition Act.[1] The decision is significant because it clearly states two important principles: Class action waivers will be enforced unless they are contrary to statute Claims alleging breaches of the Competition Act are arbitrable In 2009, disgruntled Amway "independent business owner" ("IBO"), or dealer, Kerry Murphy and his wife Cheryl Rhodes commenced a proposed class action against Amway in the Federal Court. They alleged that Amway's business model contravened the rules for multi-level ... [more] Full article

International arbitrations get deference on merits but not jurisdiction

Christopher Somerville
Affleck Greene McMurtry LLP November 15th, 2011

The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico. [more] Full article

The International Centre for Settlement of Investment Disputes – Its Time Has Come

The Hon. David C. Dingwall, P.C., Q.C., ICD.D, ^[1]
Affleck Greene McMurtry LLP September 22nd, 2010

Canada’s ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the “Convention”) has been a long time coming. Since signing the Convention in ... [more] Full article

No class action where arbitrator has jurisdiction, court holds

Stephanie Gabor (Former Articling Student)
Affleck Greene McMurtry LLP June 19th, 2006

Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon. [more] Full article

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Arbitration Contributors

Kenneth A. Dekker

Affleck Greene McMurtry LLP

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."

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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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Jeanette Saliba

Affleck Greene McMurtry LLP

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.

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Christopher Somerville

Affleck Greene McMurtry LLP

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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