Ontario Court of Appeal sets aside $20 million Charter damages award in solitary confinement class action
Recently, the Court of Appeal for Ontario set aside a $20 million damages award against the Federal government for “additional mental health or program resources for structural changes to penal institutions to help mentally ill inmates.” Christopher Brazeau and David Kift sued the Federal Government on behalf of a class of inmates in federal penitentiaries with serious mental illness. They alleged that the Federal government breached their Charter rights by placing them in “administrative segregation.” The practice of “administrative segregation” involves removing an inmate from the general prison population and isolating him or her in a solitary cell without meaningful ... [more] Full article
Court of Appeal Adds Banks to FX Price Fixing Class Action
In overturning a lower court decision, the Ontario Court of Appeal ruled that TD Bank and BMO would be added as defendants in a price fixing class action against major ... [more] Full article
Class Action Against The Beer Store Dismissed
The Ontario Superior Court of Justice dismissed a $1.4 billion class action against The Beer Store, a chain of stores owned by 30 Ontario-based brewers. The lawsuit alleged that as a ... [more] Full article
Carriage of Bread Price-Fixing Class Action Awarded to AGM and 3 Other Firms
The Ontario Superior Court of Justice awarded carriage of a class action into alleged price-fixing of packaged bread to a consortium of law firms including Affleck Greene McMurtry LLP. In ... [more] Full article
Class Actions and Other Private Actions Contributors
Michael Binetti
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. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Kenneth A. Dekker
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 ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Masiel A. Matus
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.
David N. Vaillancourt
David's practice expertise focuses on all matters of 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. David 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. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
