Superior Court refuses leave to securities class action based on the difference between “Material Facts” and “Material Changes”
In a recent decision declining to grant leave under Part XXIII.1 of the Securities Act to proceed with a proposed class action on behalf of purchasers of securities on the secondary market, the Ontario Superior Court clarified and highlighted the difference between “material change” and “material fact” under the Ontario Securities Act. Material facts and material changes both require similar effects on market price of a public company’s securities, but the reason for those effects must be internal for it to be a material change. The only exception is where external effects are so overwhelming that the company is no longer ... [more] Full article
Ontario’s top court reinstates securities class action against Cannabis company
In Reasons released on September 26 in Badeesha v. Cronos Group Inc., the Court of Appeal for Ontario unanimously overturned a decision refusing to grant leave to proceed with a ... [more] Full article
Fiduciary Duty for advisors not created by “Best Interest” standard alone
The Ontario Divisional Court recently confirmed the dismissal of a certification motion against an investment dealer and two individual advisors for breach of fiduciary duty. In Boal v. International Capital ... [more] Full article
Dirty Diesel: The Challenge of Isolating Compensable Losses in a Motion for Certification
In 2015, the Environmental Protection Agency of the United States (EPA) made waves when it determined that millions of Volkswagen “clean diesel” cars sold worldwide were cheating government emissions tests. ... [more] Full article
- Ontario Superior Court of Justice Clarifies when Individual Claims Can Be Maintained Alongside a Pending Class Action
- Ontario Affirms Gatekeeping Function Of Robust Leave Test For Securities Class Actions
- Investment Dealers Could Face Class Actions for Systemic Breaches of their Duty to Inform
- Canada’s top court dismisses video lottery class action and eliminates waiver of tort for class actions
Class Actions Contributors
Michael Binetti
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.”
Jeremy Brodeur, Articling Student
Jeremy joins AGM from the University of Ottawa Faculty of Law, where he was involved in the law student union and competitive mooting. During law school, Jeremy and his team reached the semi-final round of the Vis Moot, ranking near the top of 385 law schools in the global competition. Jeremy looks forward to putting his passion for advocacy into practice at AGM.
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
- Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation
Kenneth A. Dekker
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 ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
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.
Masiel A. Matus
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.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
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.
