Superior Court judges can sit outside their home provinces, the Supreme Court held today. This decision will facilitate the management of national class actions and other inter-provincial litigation in Canada. The issue arose in connection with the national settlement in the tainted blood class action that was approved in 1999. Class counsel wanted to extend the time for filing claims for benefits from the settlement funds. Since the court-approved settlement assigned supervision of the settlement to courts in BC, Ontario, and Quebec, the motion had to be brought before all three courts, and all three courts had to agree on the ... [more] Full article
Could Chevron’s Canadian subsidiary be liable for environmental damages awarded against Chevron, the parent company, in Ecuador? This question remains unanswered despite the recent release of a much-anticipated Supreme Court ... [more] Full article
The Supreme Court of Canada has refused to grant leave to appeal from the Sociedade-de-formento decision. Earlier this year, the B.C. Court of Appeal held that Mareva injunction can be granted ... [more] Full article
The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada. This means that Canadian courts are not entitled to consider whether the ... [more] Full article
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.
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."
David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
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