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

Putting the “car” in “cartel”

Class actions have been filed in Ontario against German carmakers alleging that they coordinated the design and pricing of components in their cars. Kirk Baert, a partner at Koskie Minsky, who along with Ken Rosenberg of Paliare Roland acts for the plaintiff, said “Collusion of such a scale among such large companies is a serious issue. Consumers should not pay more, or receive an inferior product, so that such companies can maximize profits”. Despite these strong words, the plaintiffs may have an uphill battle establishing that the German carmakers breached Canada’s Competition Act. The case was triggered by explosive revelations ... [more] Full article

Dirty Diesel Done Dirt Cheap? VW Settles “Clean Diesel” Scandal

Volkswagen recently employed a quick settlement strategy to deal with the fallout from its admission, in September 2015, that it had installed software to cheat on emissions tests on 11 ... [more] Full article

No Work No Pay – Fee Sharing Agreements Are Subject to Court’s Review

Class counsel are not permitted to pay off their rival firm using proceeds from the settlement funds in order to avoid competing actions, the Ontario Court of Appeal recently held. This type of payment arrangement ... [more] Full article

RoRo Price Fixing Class Action Rolls On Against Foreign Defendants

A court may hear a price fixing action against foreign defendants that never had any business presence in the jurisdiction if the defendants allegedly participated in a conspiracy that impacted the ... [more] Full article


Class Actions and Other Private Actions 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.

Contributor's Profile

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 more than 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.

Contributor's Profile

Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne Hooper has recently joined Affleck Greene McMurtry LLP and intends to concentrate her skills in various areas of Civil Litigation and Competition Law. Daphne articled with Affleck Greene McMurtry LLP and has become a valued member of the team.

Contributor's Profile

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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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael leads Affleck Greene McMurtry LLP's competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.

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Wendy Sun

Wendy Sun

Affleck Greene McMurtry LLP

Wendy Sun has substantive experience in domestic and international contractual disputes, competition law, franchise disputes, shareholder disputes, negligent misrepresentation, commercial leasing, and intellectual property matters.

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Kyle Taylor

Kyle Taylor

Affleck Greene McMurtry LLP

Kyle Taylor is an experienced competition and commercial litigator. He has built a distinctly diverse practise, representing both plaintiffs and defendants in cutting edge competition cases and class actions, as well as all manner of business disputes, including corporate, contract, securities, fraud and malfeasance, real estate, and international litigation.

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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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