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

Key Recommendations from the Law Commission of Ontario Report on Class Actions

Litigator Contributors

Ontario’s Class Proceedings Act, 1992 was introduced almost 30 years ago. Since then, class actions in Canada have expanded in volume and impact. The Law Commission of Ontario is an independent law reform agency with a mandate to promote law reform, advance access to justice, and stimulate public debate. About two years ago, the Law Commission began a process of consultation with stakeholders across Ontario’s justice system to review class actions practice in the province and throughout Canada. The process culminated in the recently released report entitled “Class Actions: Objectives, Experiences and Reforms.” In writing this report, the Law Commission’s ... [more] Full article

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

Alberta court declines to certify class action alleging negligent performance of investment advisory services

A proposed class proceeding for alleged negligent performance of investment advisory services was recently denied certification by the Court of Queen’s Bench of Alberta. In Fisher v Richardson GMP Limited, ... [more] Full article

Supreme Court Decides Businesses Cannot Be Part Of Class Action Where Arbitration Clause Exists

In a close, 5-4 decision, the Supreme Court of Canada recently reinforced the primacy of arbitration agreements. The Court held that if businesses are parties to a standard form contract ... [more] Full article


Class Actions 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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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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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.

Contributor's Profile

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.

Contributor's Profile