The Litigator
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

CRTC cannot make cablecos pay for local TV signals, SCC says

Cable and satellite television companies won an important victory when the Supreme Court of Canada ruled on December 13, 2012, that the CRTC has no jurisdiction to force them to pay to redistribute local television broadcasts to their audiences. This decision may herald a trend to confining subordinate bodies like the CRTC more narrowly to the areas of jurisdiction granted to them by Parliament. CRTC proposes “value for signal” regime Currently, cable and satellite TV companies (known as “broadcast distribution undertakings”, or “BDUs”) do not pay television broadcasters to distribute over-the-air television signals to local audiences. The Copyright Act expressly ... [more] Full article

A Cautionary Tale in Comparative Advertising

National Energy Corporation was recently ordered by the Ontario Superior Court of Justice to stop distributing a comparative advertising brochure which contained false and misleading statements about the services and ... [more] Full article

Hollywood studios successfully enforce breach of copyright judgment against Ontario website operator

Citing the Internet's unique potential to cause harm anywhere and everywhere, Madam Justice Lax of Ontario's Superior Court of Justice enforced a New York District Court judgment earlier this month against the operators of Ontario-based websites that facilitated the illegal copying and downloading of movies. [more] Full article

Intellectual property is not exempt from Competition Act’s reach

Eli Lilly and Co. v. Apotex Inc. On November 2 2005, the Federal Court of Appeal held that where an agreement to assign a patent increases the assignee’s market power ... [more] Full article


Intellectual Property Contributors

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.

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