In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal upheld a Superior Court of Justice decision confirming that the duty of honest performance applies to employment contracts and encompasses the employer’s duty to exercise good faith upon terminating an employee. Background The respondent, Drago Krmpotic, was employed full time as the building maintenance supervisor until his employment was terminated without notice or cause. Mr. Krmpotic worked full time for the appellant for almost 30 years. At that time, Mr. Krmpotic had been on medical leave to recover from back surgery and had returned to ... [more] Full article
In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court’s decision that the employee’s surreptitious recordings of his colleagues constituted ... [more] Full article
In a brief new decision, Monterosso (cob Trust Leasing Canada) v Metro Freightliner Hamilton Inc, 2023 ONCA 413, the Ontario Court of Appeal has clarified the scope of the duty ... [more] Full article
An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held. Employers should be particularly interested ... [more] Full article
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."
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 Partner of the firm, has a broad commercial litigation practice and represents both national and international clients in a variety of complex business matters. Masiel has expertise in cases involving shareholder disputes, contract disputes, corporate fraud, commercial leasing and real property disputes, breach of trust, professional negligence, D&O claims, and employment matters. Masiel is a tough-minded advocate dedicated to obtaining results for her clients.
Jeanette joins Affleck Greene McMurtry LLP from Osgoode Hall Law School. Throughout law school, she participated in various moots and was part of the oral advocacy club. During her education, she strived to assist entrepreneurs in the business law clinic. Prior to starting her articles, she gained experience conducting hearings for Small Claims Court matters. Jeanette looks forward to putting her business skills and passion for advocacy to use in the firm’s practice areas.
Ardita Sinojmeri, Associate Lawyer at Affleck Greene McMurtry LLP, has a broad litigation practice spanning commercial litigation, securities litigation, insurance defence, employment disputes, and administrative law. She has appeared before the Ontario Superior Court of Justice and the Ontario Court of Appeal. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Before joining the firm, she was involved in initiatives supporting individuals and businesses navigating complex legal and financial challenges. She was also an Intake Coordinator for the National Canadian Lawyers’ Initiative and has authored legal scholarship, including “Spinning its Wheels: The Canadian Mining Industry’s Human Rights Failures in Guatemala” (2020) in the Mining Law, Finance & Sustainability Research Publication Series.
Follow Us
