The Litigator

THE LITIGATOR

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

Mitsubishi Electric Auto Parts Fine Brings Total to $84M

Japanese auto parts manufacturer Mitsubishi Electric has been fined $13.4 million after pleading guilty to participating in illegal agreements with industry competitors to determine who would win certain calls for bids issued ... [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

Canada takes a pass as Nishikawa Rubber pays $130m fine in US

The Competition Bureau recently decided not to recommend charges against an autoparts maker who rigged bids, because the cars containing their parts were mostly sold in the US. Instead, it ... [more] Full article


Conspiracy 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. 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.”

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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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Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne represents clients in a broad range of commercial matters and is a valued member of the firm’s competition law practice group. Her experience includes complex contractual disputes, multi-jurisdictional class actions, employment matters and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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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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