The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Whose Reliance is it anyway? Court strikes misleading ad claim

A misleading advertising claim brought by one bottled water supplier against a competitor can’t hold water unless the plaintiff (not consumers) relied on the misrepresentation, the Ontario Superior Court held recently. The court relied on cases that require consumers to plead that they relied on misleading ads in order to recover damages. The court imposed this requirement on all plaintiffs without considering that a claim by a competitor is different from claim by a consumer. A misleading advertising claim by one competitor against another is based on losses caused when consumers (not the plaintiff competitor) rely on the misleading ads and shift business ... [more] Full article

Online Reviews & Endorsements Guidance Issued

The International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection authorities from nearly 60 countries, including the Competition Bureau of Canada, has published three sets of guidelines on ... [more] Full article

Avis and Budget agree to pay $3m to settle drip pricing case

Car rental companies Aviscar Inc. (Avis) and Budgetcar Inc. (Budget) have agreed to pay a $3 million administrative monetary penalty to settle allegations by the Competition Bureau that they misled consumers ... [more] Full article

Bell to Reimburse Wireless Customers $11.82m

Bell has agreed to reimburse its customers who paid for “premium text messaging” up to $11.82 million. This is the latest and largest settlement reached by the Competition Bureau in its ... [more] Full article


Marketing Practices and Telemarketing 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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