The Litigator

Litigator

Compelling 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

Supreme Court of Canada (partially) upholds judgment against former Livent auditor

On December 20, Canada’s highest court released a hotly anticipated decision that is almost certainly the final act in the more than 20 year saga of a formerly pre-eminent theater company, Livent Inc. and an accounting fraud by its senior management. This was a fraud that, among other things led to the 2009 criminal conviction of Livent founders, Garth Drabinsky and Myron Gottlieb.  Livent’s Receiver Manager sued former Livent auditor, Deloitte & Touche for issuing clean audit opinions and a comfort letter to potential investors in the face of  numerous red flags indicating fraud by senior management that it said Deloitte ... [more] Full article

Failure to register share transfer doesn’t mean that it didn’t happen: Supreme Court of Canada denies oppression remedy claim

The Supreme Court of Canada in Mennillo v. Intramodal Inc. held that a small, closely held corporation’s failure to comply with some of the requirements under the Canada Business Corporations ... [more] Full article

Shotgun Clause Robs Shareholders of $750k

The BC Court of Appeal has upheld an arbitrator’s finding that triggering a shotgun clause terminated the selling parties’ interest in a joint venture, thereby eliminating their entitlement to an ... [more] Full article

Shareholder spat leaves plaintiffs with no remedy, and an order to pay $2.7 million in costs

The case of Harris v. Leikin Group Inc. provides another illustration of the messy, and costly, fallout that can occur when there is a dispute within a successful family business. [more] Full article


Disputes within Companies and Partnerships 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, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (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. With almost two decades of experience, 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.

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The Hon. David C. Dingwall, P.C., Q.C., ICD.D

The Hon. David C. Dingwall, P.C., Q.C., ICD.D

Affleck Greene McMurtry LLP

Distinguished Visiting Professor, Ted Rogers School of Management, Ryerson University and Host of the Ryerson Negotiation Project; David is highly regarded for his substantial, in-depth experience in both the private and public sectors, at both the national and international level. He has engaged in business activities throughout Canada and the United States, as well as Australia, China, Japan, Sweden, Israel, Thailand, the United Arab Emirates, and Barbados, to name but a few.

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David Vaillancourt, a partner of the firm, focuses his practice expertise on 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. He 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.

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