In a recent decision, the Federal Court of Appeal left open the possibility that the discoverability principle may apply to the two-year limitation period established for private actions under section 36 of the Competition Act, but confirmed that the effects of a conspiracy are not a part of the offence and thus do not extend the limitation period. This decision has important implications for private actions under the Competition Act and possibly also for prosecutions of international conspiracies. Garford Pty Ltd. sued Dywidag Systems International, Canada Ltd. in August, 2008, for allegedly engaging in conspiracy and price fixing during negotiations ... [more] Full article
The Competition Bureau garnered its first conviction under the amended conspiracy provision of the Competition Act yesterday, as Domfoam International Inc. and Valle Foam Industries (1995) Inc. plead guilty to ... [more] Full article
On December 1, 2011, the Supreme Court of Canada agreed to hear appeals in two cases that raise the issue: can indirect purchasers sue to recover losses arising from a ... [more] Full article
An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business. [more] Full article
Michael Binetti*, Managing Partner of Affleck Greene McMurtry LLP, brings a wealth of litigation experience, with extensive expertise in both trials and appeals. Known for his strategic legal acumen, Michael has consistently demonstrated his ability to navigate complex cases and deliver successful outcomes across a wide range of litigation areas. Peers and clients alike praise Michael as an “excellent and creative lawyer” who “finds unique solutions to complex problems” and “knows how to win.” Recognized for his dedication and professionalism, he is described as a “strong advocate who always looks out for the best interests of his clients” and provides “timely, honest, and extremely valuable counsel.” Michael’s reputation for excellence is underscored by his inclusion in ranking services such as Best Lawyers, Lexology, and Lexpert.
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."
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.
Follow Us
