Privacy law does not shield judgment debtors
The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), is to be interpreted. To the relief of judgment creditors across the country, the Supreme Court ruled that courts can use their inherent jurisdiction to make orders permitting the disclosure of personal information, including personal information contained in mortgage discharge statements, and that such disclosures are permitted based on the implied consent of the mortgagor. RBC was a judgment creditor of Phat and Phoung Trang and sought a ... [more] Full article
After the Storm: only CIBC and IMAX class actions survive
In Ontario, the last four years have been overcast for securities class actions. The clouds lifted last week, when the Supreme Court clarified a critical limitation period by overturning the ... [more] Full article
Credit cards subject to provincial disclosure laws
The perennial question in Canadian law (and politics) is: is it federal or provincial? In the case of credit cards issued by banks, the answer is "both". Although banks are a federal responsibility, provincial consumer protection laws mandating disclosure of contract terms apply to banks that issue credit cards, the Supreme Court held recently in three decisions issued the same day. [more] Full article
Aldo can sue MasterCard in Ontario, court rules
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 ... [more] Full article
Banking Litigation Contributors
Meredith Hayward
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.
W. Michael G. Osborne
Michael Osborne is a former Partner of Affleck Greene McMurtry LLP
Kyle J. Peterson*
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.
Christopher Somerville
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.
David N. Vaillancourt
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.
